National Stalker Reduction Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Director of the Bureau of Justice Assistance to make grants to States which include programs that increase awareness, reporting, and prevention of stalking; and (2) provide for a reduction of formula grants for noncompliance by States with specified requirements.
Directs each State which receives drug control and system improvement formula grants under the Act in a fiscal year to allocate not less than five percent of such funds for the development of records regarding stalking and other forms of domestic violence, including: (1) the development or expansion of maintaining records regarding the dispositions of all complaints 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. Authorizes the Director to waive compliance with such allocation requirement by a State, or to authorize a State to reduce the minimum amount such State is required to allocate, 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.
Requires the Bureau of Justice Statistics to: (1) define terms that relate to stalking and make such definitions available to individuals and groups that request such information; and (2) compile a national database regarding stalking and other forms of domestic violence.
Requires the Director to submit annual reports to the Congress, evaluating the effectiveness of State anti-stalking efforts and legislation.
[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 840 Introduced in House (IH)]
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
Committee 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Stalker Reduction 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 individual in imminent fear of
death or serious bodily injury, often is part of a pattern of
behavior within the scope of domestic violence;
(2) there is insufficient data available to determine 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 stalking; 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 LEGISLATION.
(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 paragraph (21) and
adding ``; and''; and
(2) by adding at the end the following:
``(22) programs that increase awareness, reporting, and
prevention of stalking.''.
(b) Formula Grant Reduction for Noncompliance.--Section 506 of
title I of the Omnibus Crime Control 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 participating 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 imminent 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 imprisonment
for not more than 5 years, or both;
``(ii) in the case of violation of a
temporary 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, develop training programs
for law enforcement, judicial, 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 restraining order.
``(5) Require judicial personnel to report information
regarding a defendant to law enforcement personnel when an
outstanding warrant exists.''.
SEC. 4. STATE DATA BASES.
(a) Allocation Reservation.--Subject to subsection (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 percent of such funds for the development of records regarding
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 maintaining records
regarding the dispositions of all complaints 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 guidelines for the fulfillment
of the requirements specified in subsections (a) and (b) of this
section.
(d) In accordance with such guidelines as the Director 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 minimum 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 Bureau of Investigation and the States,
shall compile a national 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Crime and Criminal Justice.
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