Simplifying the Ambiguous Law, Keeping Everyone Reliably Safe Act of 2010

Floor Speech

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Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia?

There was no objection.

Mr. SCOTT of Virginia. I yield myself such time as I may consume.

Mr. Speaker, the STALKERS Act of 2010 makes a number of changes in the United States Code with respect to the offense of stalking. It clarifies, strengthens, and enhances the current law.

First it allows law enforcement to intervene in cases where a victim may not be aware of the seriousness of the threat before it's too late. The existing statute requires a person have reasonable fear of bodily injury or to undergo emotional distress. These injuries are difficult to demonstrate, often frustrating both victims and prosecutors.

H.R. 5662 addresses this problem by permitting law enforcement to intervene in any event of stalking that might reasonably be expected to cause another person serious emotional distress. This small change will go a long way towards both effective law enforcement and justice for victims.

Second, the bill reaches criminals who make use of new technologies to stalk their victims. It extends the law to any course of conduct in or substantially affecting interstate commerce, which will apply to cyberstalking, acts of surveillance and other forms of stalking that employ emerging technologies.

Third, the bill takes several steps towards more effective enforcement of the Federal stalking statute and other stalking laws. It increases the maximum term of imprisonment by 5 years if a criminal violates a protection order or if the victim is under the age of 18 or over the age of 65.

The bill also requires the Attorney General to conduct a annual study of best practices and enforcement of stalking laws nationwide. In short, this legislation updates current law to target the full range of behavior that stalkers direct towards their victims. It will help law enforcement seek justice, help victims seek closure, and increase protections of the most vulnerable amongst us.

I want to thank the gentlewoman from California (Ms. Loretta Sanchez) for her hard work and advocacy on behalf of victims of stalking. I ask my colleagues to join me in supporting this bipartisan legislation.

I reserve the balance of my time.

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such time as I may consume.

First, let me say, Mr. Speaker, both as a Member of Congress and as the former attorney general of the State of California, I have long been concerned with the plight of those who have been victimized by crime. The anti-stalking law we had in the State of California was one that we worked with local law enforcement on and the agents that worked for me also worked on that in coordination with the local law enforcement officers. Certainly, those who have suffered from the threats of stalkers warrant our concern and our action.

I also would like to acknowledge the work, the pioneering work, that was done by the gentleman from California (Mr. Royce) on this with the original Federal anti-stalking legislation.

I certainly appreciate the motivations and efforts of the gentlewoman from California who brings this bill here today in an effort to respond to this serious issue.

However, I must suggest that legislation of this magnitude is of sufficient importance that it warrants attention by our committee commensurate with the serious nature of the stalking issue. Regrettably, we have had no hearings on this bill, no markups, no legislative process of any kind. Until this evening, we did not even know the full contents of this bill, and now Members are being asked to vote on it.

Further, it's my understanding the bill was added to the suspension calendar late last night. I understand that we may need to revisit the Federal statute now if this is not adequate to protect the victims of stalking. But having just received a copy of the final version of this legislation this evening, I do wish we had had more time to devote to this important bill.

Certainly, victims of emotionally and physically devastating crimes like stalking deserve the very best this Congress can produce, rather than us perhaps making some errors in the bill that we are considering, particularly a bill that was finalized an hour before votes. Although this bill comes to the floor under suspension of the rules, the lack of process surrounding this vote seems to have suspended all of the rules, unfortunately.

Nevertheless, the proposal does address issues of legitimate concern to stalking victims.

I, therefore, support this measure, and I would argue that all Members should support this measure. However, I do feel it necessary to register strong disappointment considering the method with which this bill has been brought to the floor.

Mr. Speaker, I reserve the balance of my time.

Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as she may consume to a strong advocate for victims of stalking, the gentlewoman from California (Ms. Loretta Sanchez).

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