H.R.3747 - Stalking Prevention and Victim Protection of 1998105th Congress (1997-1998)
|Sponsor:||Rep. Kelly, Sue W. [R-NY-19] (Introduced 04/29/1998)|
|Committees:||House - Judiciary|
|Latest Action:||House - 05/11/1998 Referred to the Subcommittee on Crime. (All Actions)|
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Summary: H.R.3747 — 105th Congress (1997-1998)All Information (Except Text)
Introduced in House (04/29/1998)
Stalking Prevention and Victim Protection of 1998 - Rewrites stalking provisions of the Federal criminal code. Prohibits and sets penalties for stalking an individual, in or affecting interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or within Indian country. Provides that a person stalks an individual if the person, on two or more occasions: (1) engages in any conduct that results in the individual's reasonable fear of death or bodily injury to that individual or to a member of that individual's immediate family; and (2) knows or has reasonable cause to believe that such conduct results in that fear.
Directs the court, at the time of sentencing for such offense, to issue an appropriate protection order designed to protect the victim from further stalking by the convicted person, which shall continue in effect until the victim communicates to the court that the order is no longer needed.
Requires the judicial officer, where a stalking violation is charged and the person has a prior conviction for a crime of violence under Federal or State law, to order the detention of the person before trial, if that conviction was for an offense against the same victim as in the current charge or a member of that victim's family, or if that conviction became final less than five years before the conduct constituting the alleged stalking violation took place.
Directs the United States Sentencing Commission to amend the sentencing guidelines to provide an appropriate sentence enhancement for a defendant convicted of stalking where the defendant has a prior conviction under Federal or State law of a crime of violence against the same victim as in the current offense or against a member of that victim's family.