Legislative
Updates
**Please be advised that this listing is not
exhaustive. If there is activity in your state that is not listed, let us know
by e-mailing IKnecht@ncvc.org.
July - September
2009
California
Pending:
SB
188 authorizes chief administrative officers, security officers, or
employee designees of private post-secondary educational institutions to seek
a temporary restraining order (TRO) or injunction on behalf of a student who
has suffered a credible threat of violence off campus, which can be reasonably
construed to be carried out on the campus. The law allows schools to obtain a
TRO on behalf of any number of other students at the campus or facility, as
specified.
District of
Columbia
Enacted:
B18-389
broadens the District's stalking law to cover behaviors that a
defendant purposefully engaged in "that he or she knows or has reason to know
would cause a person reasonably to" be in fear or have a similar reaction. The
new law focuses on actions that would cause a victim to fear
for his or her safety or the safety of another person; feel seriously alarmed,
disturbed, or frightened; or suffer emotional distress. It also expands
prohibited conduct to include stalking via electronic, mechanical, digital or
other equipment, including GPS, spy cameras, and spyware. Enhanced penalties
are included for those cases that cause more than $ 2,500 in financial injury
to their victim. Effective August 6,
2009. District of Columbia Stalking
Law.
Hawaii
Enacted:
SB1568 grants victims of domestic or
sexual violence, defined to include stalking, unemployment benefits if the
victim must leave her job for a "compelling family reason." This includes any
domestic violence, sexual assault, or stalking that would jeopardize the
safety of the individual or a member of the individual's family and causes the
victim to need to relocate, to obtain psychological treatment for herself or a
minor child due to violence, or to fear continued violence en route to work. Effective July 1,
2009.
Illinois
Enacted:
HB
693 creates a civil stalking no contact order to provide protection
to individuals not covered by the Illinois Domestic Violence Act. Relief can
be requested by a victim or by a person on behalf of a minor or an adult who
can not petition for relief on their own due to age, disability, or health.
The law ensures that an advocate can accompany a victim to file a petition. It
also would create the crime of violation of such an order. Effective August 11,
2009.
Enacted:
HB
2542 broadens Illinois's stalking law to include actions
that a person knows or should know would cause a reasonable person to fear for
his or her safety, the safety of a third person, or to suffer emotional
distress. The bill expands prohibited behavior to cover surveillance and
monitoring, including surveillance by global positioning systems (GPS) and
interfering with a person's property or pet. It also creates the crime of
cyberstalking. Effective January 1,
2010.
Nevada
Enacted:
AB 309
expands the definition of stalking to include conduct that would
cause a reasonable person to "fear for the immediate safety of a family or
household member" and adds text messaging to the existing crime of "stalking
with a communication device." Effective
October 1, 2009.
New
York
Enacted:
A755 prohibits an employer from discriminating against
an individual because of the actual or perceived status of the person as a
victim of domestic violence and stalking. Employers may not refuse to hire or
employ or discharge from employment an individual or discriminate in terms of
compensation, conditions or privileges of employment. Effective July 7,
2009.
Oregon
Enacted:
SB
928 prohibits employers from discrimination or retaliating against
employees who are victims of domestic violence, sexual assault, or stalking.
The bill would also direct that an employer can not refuse to make a
"reasonable safety accommodation" requested by a victim, unless the employer
can demonstrate that the action would impose an undue hardship on the
operation of the business. Effective January 1, 2010.
January - June 2009
California
Pending: SB 782 would
create a system whereby a victim of domestic violence, sexual assault, or
stalking can request from a landlord a "partial eviction" of an abuser,
allowing the victim and other household members to remain in the rental
unit. The bill also would give
victims the right to raise a defense to an eviction in cases in which the
eviction is based on the conduct of the abuser.
Pending: AB 1081 would require a
risk assessment to be performed for certain offenders to determine if
electronic monitoring via Global Positioning System is deemed necessary. The bill would require continuous
monitoring for any parolee convicted of stalking who is deemed to pose a high
risk of repeat stalking.
Massachusetts
Pending: SB
1611 would expand eligibility for protection under the state's
harassment prevention order statute to include victims of stalking and sexual
assault.
New Jersey
Enacted:
AB 1563 broadens the definition of "course of
conduct" to include actions committed directly, indirectly, or through a third
party that would cause a reasonable person to fear for his or her safety or
the safety of a third person or that would cause a victim emotional distress.
The bill also adds expands prohibited behavior to cover surveillance and
monitoring, including surveillance by Global Positioning Systems (GPS),
indirect threats, interfering with a persons property, and actions committed
by a third party. Effective 3/21/2009. New Jersey Stalking Law.
Pending:
AB 2143 would expand the list of
prohibited contact under a permanent stalking restraining order to include
communication to the victim via e-mail and other online communication methods
including the use of Websites.
New Mexico
Enacted:
SB 166 , also known as "Jodi's Law," amends New
Mexico's stalking statute by requiring that an offender "knows or should know"
that his conduct would cause a person to be in reasonable apprehension of
death, bodily injury, sexual assault or confinement of that person or another
person. It expands the definition
of prohibited conduct to include use of a computer to stalk a victim or
monitoring or surveillance of a victim via Global Positioning System
(GPS). Effective 7/1/2009.
New Mexico
Stalking Law.
New York
Enacted:
A 2714 requires college campuses in New York to
provide incoming students and the campus community with information about
domestic violence and stalking prevention.
Effective 4/7/2009.
Pending:
A 7425 would enhance
penalties for stalking in the third and fourth degree when the actions occurs
via "technological devices" and defines such devices to include the Internet,
cameras, and global positioning tracking devices. New York
Stalking Law.
Pending:
A 8193, also known as the
"MySpace Law," would create the crime of "cyber harassment." The bill would
prohibit a person from transmitting an electronic communication, or knowingly
allowing another person to transmit an electronic communication, through a
device under his or her control, with the purpose of frightening or disturbing
another person.
Pending:
S5364 would
create the crime of "electronic stalking." Under the proposed law, a person is
guilty of electronic stalking if he or she intentionally and for no legitimate
purpose makes an electronic communication that includes personal identifying
information of another person and knows or reasonably should know that such a
communication would cause that other person to fear death, serious bodily
injury, sexual assault, or trespass or burglary against herself or another
person. It also would create
enhanced penalties for electronic stalking that facilitates the commission of
certain crimes and electronic stalking of a minor.
Ohio
Enacted:
HB 471 allows judges, upon request of a victim, to
require a stalker to wear electronic monitoring
devices after violating a protective order.
The law provides that the offender must incur the cost of the
installation and monitoring of the device.Effective
4/7/2009.
South Carolina
Pending:
SB 790
would create a civil no contact order that will be available for
stalking victims. The petition
for a civil no contact order can be filed for by an adult on behalf of a minor
or incompetent adult.
Washington
Enacted:
HB 1856 extends a tenant's right to terminate a
rental agreement without obligation to make rental payments in cases in which
the tenant is sexually assaulted, stalked, or sexually harassed by their
landlord. The law allows such
tenants or other household members to change or add locks to their dwelling
and prohibits landlords from retaliating against them. Effective
7/26/2009.
Wisconsin
Pending:
SB
204 would expand current law prohibiting housing discrimination to
include victims of domestic violence, sexual assault, and stalking. (This bill appears substantially
similar to AB 277, also pending).
Virginia
Enacted:
SB1365 allows any individual or a member of that
person's household who fears for their personal safety from another person who
has threatened or stalked them to use a post office box in lieu of a street
address on voter registration forms.
Anyone participating in the state's address confidentiality program is
also eligible to use a post office box on voter registration forms.
Effective 7/1/2009.