II

106TH CONGRESS

1ST SESSION S. 764

To amend section 1951 of title 18, United States Code (commonly known

as the Hobbs Act), and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 12, 1999

Mr. THURMOND (for himself and Mr. HATCH) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To amend section 1951 of title 18, United States Code

(commonly known as the Hobbs Act), and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Freedom From Union

5 Violence Act of 1999’’.

6 SEC. 2. INTERFERENCE WITH COMMERCE BY THREATS OR

7 VIOLENCE.

8 Section 1951 of title 18, United States Code, is

9 amended to read as follows:
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1 ‘‘§ 1951. Interference with commerce by threats or vi2 olence

3 ‘‘(a) PROHIBITION.—Except as provided in sub4 section (c), whoever in any way or degree obstructs,

5 delays, or affects commerce or the movement of any article

6 or commodity in commerce, by robbery or extortion, or at7 tempts or conspires so to do, or commits or threatens

8 physical violence to any person or property in furtherance

9 of a plan or purpose to do anything in violation of this

10 section, shall be fined not more than $100,000, imprisoned

11 for a term of not more than 20 years, or both.

12 ‘‘(b) DEFINITIONS.—For purposes of this section—

13 ‘‘(1) the term ‘commerce’ means any—

14 ‘‘(A) commerce within the District of Co15 lumbia, or any territory or possession of the

16 United States;

17 ‘‘(B) commerce between any point in a

18 State, territory, possession, or the District of

19 Columbia and any point outside thereof;

20 ‘‘(C) commerce between points within the

21 same State through any place outside that

22 State; and

23 ‘‘(D) other commerce over which the

24 United States has jurisdiction;
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1 ‘‘(2) the term ‘extortion’ means the obtaining of

2 property from any person, with the consent of that

3 person, if that consent is induced—

4 ‘‘(A) by actual or threatened use of force

5 or violence, or fear thereof;

6 ‘‘(B) by wrongful use of fear not involving

7 force or violence; or

8 ‘‘(C) under color of official right;

9 ‘‘(3) the term ‘labor dispute’ has the same

10 meaning as in section 2(9) of the National Labor

11 Relations Act (29 U.S.C. 152(9)); and

12 ‘‘(4) the term ‘robbery’ means the unlawful tak13 ing or obtaining of personal property from the per14 son or in the presence of another, against his or her

15 will, by means of actual or threatened force or vio16 lence, or fear of injury, immediate or future—

17 ‘‘(A) to his or her person or property, or

18 property in his or her custody or possession; or

19 ‘‘(B) to the person or property of a relative

20 or member of his or her family, or of anyone in

21 his or her company at the time of the taking or

22 obtaining.

23 ‘‘(c) EXEMPTED CONDUCT.—

24 ‘‘(1) IN GENERAL.—Subsection (a) does not

25 apply to any conduct that—
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1 ‘‘(A) is incidental to otherwise peaceful

2 picketing during the course of a labor dispute;

3 ‘‘(B) consists solely of minor bodily injury,

4 or minor damage to property, or threat or fear

5 of such minor injury or damage; and

6 ‘‘(C) is not part of a pattern of violent con7 duct or of coordinated violent activity.

8 ‘‘(2) STATE AND LOCAL JURISDICTION.—Any

9 violation of this section that involves any conduct de10 scribed in paragraph (1) shall be subject to prosecu11 tion only by the appropriate State and local authori12 ties.

13 ‘‘(d) EFFECT ON OTHER LAW.—Nothing in this sec14 tion shall be construed—

15 ‘‘(1) to repeal, amend, or otherwise affect—

16 ‘‘(A) section 6 of the Clayton Act (15

17 U.S.C. 17);

18 ‘‘(B) section 20 of the Clayton Act (29

19 U.S.C. 52);

20 ‘‘(C) any provision of the Norris21 LaGuardia Act (29 U.S.C. 101 et seq.);

22 ‘‘(D) any provision of the National Labor

23 Relations Act (29 U.S.C. 151 et seq.); or

24 ‘‘(E) any provision of the Railway Labor

25 Act (45 U.S.C. 151 et seq.); or
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1 ‘‘(2) to preclude Federal jurisdiction over any

2 violation of this section, on the basis that the con3 duct at issue—

4 ‘‘(A) is also a violation of State or local

5 law; or

6 ‘‘(B) occurred during the course of a labor

7 dispute or in pursuit of a legitimate business or

8 labor objective.’’.

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