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103D CONGRESS
1ST SESSION
H. R. 840
To establish a national program to reduce the incidence of stalking.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 4, 1993
Mr. KENNEDY (for himself, Mr. MEEHAN, Mr. NEAL of Massachusetts, and
Mr. ROYCE) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To establish a national program to reduce the incidence
of stalking.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Stalker Re-
duction Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) stalking, which is the willful, malicious, and
repeated following or harassing by an individual who
makes a threat with the intent to place another indi-
vidual in imminent fear of death or serious bodily in-
jury, often is part of a pattern of behavior within
the scope of domestic violence;
(2) there is insufficient data available to deter-
mine the extent and number of incidents of stalking;
(3) nearly 30 percent of all female murders are
attributed to domestic violence;
(4) State criminal statutes often do not apply
to stalking, and more than 50 percent of the States
have failed to enact legislation that includes stalk-
ing; and
(5) the prolonged suffering of victims from
stalking has been frequently reported by the media,
and victims, their families, and friends.
SEC. 3. ENACTMENT OF STATE ANTI-STALKING LEGISLA-
TION.
(a) PROGRAMS
REGARDING
STALKING.—Section
501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended—
(1) by striking the period at the end of para-
graph (21) and adding ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(22) programs that increase awareness, re-
porting, and prevention of stalking.’’.
(b) FORMULA GRANT REDUCTION FOR NONCOMPLI-
ANCE.—Section 506 of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 is amended by adding
at the end the following:
‘‘(g) In order not to reduce the funds available under
this subpart by 25 percent (for redistribution to other par-
ticipating States), a State shall, on the first day of each
fiscal year succeeding the first fiscal year beginning after
September 30, 1994, meet the following requirements:
‘‘(1) Have in effect throughout the State in
such fiscal year a law which—
‘‘(A) makes it unlawful for an individual to
willfully, maliciously, and repeatedly follow or
harass another individual while making a threat
with the intent to place such individual in immi-
nent fear of death or serious bodily injury;
‘‘(B) provides a minimum penalty of—
‘‘(i) in the case of a first offense, a
fine of not less than $1,000 or imprison-
ment for not more than 5 years, or both;
‘‘(ii) in the case of violation of a tem-
porary or permanent vacate, restraining, or
no-contact order or judgment issued under
State law, imprisonment for not less than
one year, but not more than 5 years;
‘‘(iii) in any other case, imprisonment
for not less than 2 years, but not more
than 10 years.
‘‘(2) Require that the State, in consultation
with State or local domestic violence coalitions, de-
velop training programs for law enforcement, judi-
cial, and court personnel.
‘‘(3) Require each public agency in the State
which employs law enforcement officers or judicial
personnel to report information regarding domestic
violence offenses to a designated statewide central
registry in the State.
‘‘(4) Require judicial personnel to search and
examine the central registry of statewide domestic
violence records when petitioned for a civil restrain-
ing order.
‘‘(5) Require judicial personnel to report infor-
mation regarding a defendant to law enforcement
personnel when an outstanding warrant exists.’’.
SEC. 4. STATE DATA BASES.
(a) ALLOCATION RESERVATION.—Subject to sub-
section (d), each State which receives funds under section
506 of the Omnibus Crime Control and Safe Streets Act
of 1968 in a fiscal year shall allocate not less than 5 per-
cent of such funds for the development of records regard-
ing stalking and other forms of domestic violence.
(b) DEVELOPMENT OF RECORDS.—The development
of records referred to in subsection (a) shall include—
(1) the development or expansion of maintain-
ing records regarding the dispositions of all com-
plaints and arrests for stalking and other forms of
domestic violence;
(2) the full automation of such records; and
(3) the frequency and quality of reports sent to
the Bureau of Justice Statistics.
(c) The Director, in consultation with the Director
of the Bureau of Justice Statistics, shall establish guide-
lines for the fulfillment of the requirements specified in
subsections (a) and (b) of this section.
(d) In accordance with such guidelines as the Direc-
tor shall issue and at the request of a State, the Director
may—
(1) waive compliance with subsection (a) by
such State; or
(2) authorize such State to reduce the mini-
mum amount such State is required to allocate
under subsection (a);
if the Director finds that the quality of the States’ records
regarding stalking and domestic violence complaints and
arrests does not warrant expending the amount allocated
under subsection (a).
SEC. 5. NATIONAL INFORMATION.
(a) DEFINITIONS.—Not later than 6 months after the
date of the enactment of this Act, the Bureau of Justice
Statistics shall define terms that relate to stalking and
make such definitions available to individuals and groups
that request such information.
(b) COLLECTION OF DATA.—Not later than 2 years
after the date of the enactment of this Act, the Bureau
of Justice Statistics, in coordination with the Federal Bu-
reau of Investigation and the States, shall compile a na-
tional data base regarding stalking civil protective orders
and other forms of domestic violence.
SEC. 6. REPORTING.
The Director of the Bureau of Justice Assistance
shall submit to the Congress an annual report, beginning
one year after the date of the enactment of this Act, that
evaluates the effectiveness of State anti-stalking efforts
and legislation.
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