Stalking Legislative
Updates
Pending and recently enacted stalking-relate legislation across the
United
States*
*Please be
advised that this list is not exhaustive. If there is activity in
your state not listed, let us know by e-mailing IKnecht@ncvc.org.
April – June
2010
Enacted Legislation
Florida
HB
7079
provides victims of stalking public record exemptions from revealing
personally identifying information in voter registration and voting records.
Effective May
26, 2010.
Minnesota
SB
2437:
·
Clarifies
the crime of stalking by expressly naming the statute as "stalking" (currently
labeled "harassment");
·
Eliminates
the specific intent requirement;
·
Directs
there need not be a special relationship between the offender and victim;
·
Expands
the list of behaviors that constitute stalking; and
·
Allow
stalking acts committed in more than one county to be prosecuted in any county
at least one act occurred.
Effective
August 1, 2010. Current Minnesota Stalking
Law.
Oklahoma
HB 2827 amends the protection order law to
include victims stalking, domestic violence, or harassment and
allow victims to petitiion for emergency temporary protection orders
from a peace officer when courts are closed and:
- Eliminates
the specific intent requirement;
- Amends
the requirement of fear to be that a victim would have to feel frightened,
intimidated, threatened, harassed or molested by a person's
behavior;
- Expands
prohibited behaviors under "unconsented contact or course of conduct" to
include appearing at the victim's workplace, communications by telephone
or e-mail, and the delivering to or placing objects on property owned,
leased or occupied by the victim;
- Adds
animals to the list of parties that can be listed on a protective order.
Effective November 1,
2010.
Wyoming
SB 33
adds violation of protection orders to actions warranting enhancement of the
penalty for stalking. Effective July 1,
2010.
January – March
2010
Enacted
Legislation
American
Samoa
HB
31-23 establishes the crime of stalking. Stalking is defined as
purposely or knowingly engaging in a course of conduct directed toward another
person that causes reasonable fear of harm to the physical health, safety or
property of such person, an immediate family member, or a third party with
whom he/she is acquainted; causes mental or emotional harm to such person
after the stalker was told to cease that conduct; and is likely to cause such
person to reasonably fear their employment, business or career and such
conduct consists of appearing, telephoning or initiating communication or
contact at their place of employment or business, and the stalker was told to
cease that conduct. Under the law, stalking is a Class B misdemeanor but is
elevated to a Class A misdemeanor if stalking in cases in which a temporary
restraining order or an injunction exists. Effective May 16, 2010. See American Samoa Stalking
Law.
Massachusetts
SB
2212
establishes a civil protection order for victims of stalking and sexual
assault and
enables victim to claim losses suffered as a direct result of the stalking or
sexual assault (e.g., loss of earnings, out-of-pocket losses for injuries
sustained or property damaged, cost of replacement of locks, medical expenses,
cost for obtaining an unlisted phone number, and reasonable attorneys
fees), Effective July
10, 2010.
Mississippi
HB
1309
broadens the stalking law to include behavior that a person would cause a
"reasonable person to fear for his or her own safety, to fear for the safety
of another person, or to fear damage or destruction of his or her property,"
and creates the crime of aggravated stalking.
Effective July 1, 2010. See Mississippi Stalking
Law.
South
Dakota
HB
1164 amends
the no contact provision in stalking and domestic abuse cases to prohibit
defendants arrested for stalking or assault from any contact, either directly
or through a third party, until an initial court appearance or as authorized
by the court.
Pending
Legislation
Alaska
HB
307
proposes to authorize judges and magistrates to issue restraining orders for
victims of stalking and sexual assault.
California
AB
2479
proposes to expand the tort of stalking to impose liability when a defendant
engages in a pattern of conduct intending to place a victim under surveillance
and to provide an exception to the requirement that victims demand defendants
to cease such conduct when communication would be impractical or unsafe.
Iowa
SSB
3176 proposes
to prohibit employers from requiring employees to disclose details relating to
domestic abuse, sexual abuse, or stalking as a condition of using paid sick
leave.
HB
2248
proposes to authorize courts to order defendants charged with or convicted of
stalking or domestic abuse to wear electronic monitoring devices while on
conditional release and require the Department of Corrections to notify
victims of any modifications to the use of such system.
Kentucky
HB
1,
also known as "Amanda's Bill,"
proposes to authorize courts to order electronic monitoring for defendants
in domestic violence cases.
Massachusetts
SB 2185 proposes to expand
eligibility for protection under the state's harassment prevention order
statute to include victims of stalking and sexual assault.
Minnesota
SB
2437 proposes
to:
-
Clarify
the crime of stalking
by expressly naming the statute as "stalking" (currently labeled
"harassment");
-
Eliminate
the specific intent requirement;
-
Direct
there need not be a special relationship between the offender and victim;
-
Expands
the list of behaviors that constitute stalking; and
-
Missouri
HB
1427
proposes to:
-
Establish
the crime of Cyberstalking;
-
Expand
the definition of "course of conduct" to include illegal wiretapping, the
use of cellular phones, the Internet, cameras or videos, global positioning
systems, or any other type of tracking device;
-
Expand
the definition of "harasses" to include written or printed communications or
transmissions, telephone or wireless telephonic communications, e-messages,
and other computerized or electronic transmissions; and
-
Expand
the crime of harassment to include knowingly and anonymously making or
causing to be made a communication which is a threat to commit any felony
and in so doing frightens, intimidates, or causes a victim emotional
distress.
Current Missouri Stalking
Law.
New
Hampshire
SB
431 proposes
the creation of protections preventing landlords from terminating or refusing
to renew tenancy based on an individual being a victim of domestic violence,
sexual assault, or stalking.
New
Jersey
SB
1562 proposes
to upgrade the crime of stalking when the victim is under 18 years old.
AB
1001
proposes to modify the crime of stalking to include harassment and define
"repeatedly" as "on more than one occasion" (currently defined as "on two or
more occasions"). Current New
Jersey Stalking Law.
New
York
SB
6897
proposes to add "stalking by technological means" (defined to include illegal
wiretapping, cell phones, caller ID, the Internet, cameras, and global
positioning systems) to the crime of stalking. Current New
York Stalking Law.
AB
10440 proposes,
for the purposes of prevention, to expand the list of criminal offenses which
may constitute domestic violence to include stalking, sexual misconduct,
forcible touching, sexual abuse, and criminal mischief.
Ohio
HB
112 proposes
to authorize courts to require defendants to wear global positioning devices
as a condition of pretrial release and directs that defendants to pay for the
cost of such monitoring.
HB
391
proposes to establish an address confidentiality program allowing individuals
in reasonable fear for their safety use a post office box in lieu of a street
address.
Oklahoma
SB
790
proposes to create a civil no contact order available for stalking victims
that can also be filed for by an adult on behalf of a minor or incompetent
adult.
HB
2827
proposes revising the stalking law to:
·
Eliminate
the specific intent requirement;
·
Amend
the requirement of fear to be that a victim would have to feel frightened,
intimidated, threatened, harassed or molested by a person's
behavior;
·
Expand
prohibited behaviors under "unconsented contact or course of conduct" to
include appearing at the victim's workplace, communications by telephone or
e-mail, and the delivering to or placing objects on property owned, leased or
occupied by the victim;
·
Allow
victims to obtain an emergency temporary protective order from a peace officer
when the court is closed; and
·
Add
animals to the list of parties that can be listed on a protective order.
Current Oklahoma Stalking Law.
South
Carolina
SB
969 proposes
to establish that restraining orders against a person engaged in harassment
and stalking cannot be lifted or changed without the consent of the
victim.
Virginia
HB 164 proposes to authorize courts to require
respondents to wear global positioning or similar devices as a condition of a
protective order.
HB
288
proposes to expand of the crime of stalking to include instances when only one
act occurs but is accompanied by verbal threats of sexual assault, bodily
injury, or death, and to establish a felony offense for engaging in stalking
behavior within five years after convictions for family assault or battery.
Current Virginia Stalking
Law.
West
Virginia
HB
4207
proposes to expand prohibited behaviors under the current harassment law to
include sending obscene, anonymous, harassing, or threatening communications
by computer, cellular devices, personal digital or other mobile device.
Current West Virginia Stalking & Harassment
Law.
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October – December
2009
Enacted
Legislation
California
SB
188 authorizes
chief administrative officers, security officers, or employee designees of
private post-secondary educational institutions to seek temporary restraining
orders (TROs) or injunctions on behalf of a student who has received a
credible threat of violence off campus that 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. Effective January 1, 2010.
Pending
Legislation
Florida
SB 0174 proposes to authorize courts to require defendants to wear
global positioning devices if such monitoring could deter additional
violence prior to trial against victims of repeated violence (defined as two
incidents of violence or stalking committed by the defendant), domestic,
dating, or sexual violence.
Ohio
HB
167
proposes numerous provisions prohibiting an employer or a landlord from
discriminating against a victim of stalking or domestic violence
including:
·
Requiring
employers to allow victims to take unpaid leave to attend court, obtain
protective orders, receive medical attention, or otherwise address needs
related the victimization;
·
Enabling
victims to sue for "unlawful discriminatory practice in employment," should an
employer fail to follow the law;
·
Requiring
landlords to change the locks for victims and prohibits termination of tenancy
based on an tenant's status as a victim; and
·
Requiring
the Metropolitan Housing Authority to move victims if another unit is
available.
Pennsylvania
HR
527 proposes to
proclaim January as Stalking Awareness Month in Pennsylvania.
July – September
2009
Enacted Legislation
District of
Columbia
B18-389
broadens the 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 global
positioning systems (GPS), spy cameras, or spyware. Enhanced penalties are
included for those cases that cause more than $2,500 in financial injury to
the victim.
Effective August 6, 2009. District of Columbia Stalking Law
Hawaii
SB
1568
grants unemployment benefits to victims of domestic or sexual violence,
defined to include stalking, if the victim must leave his or her job for a
"compelling family reason." Reasons include any domestic violence, sexual
assault, or stalking circumstance that would jeopardize the safety of the
individual or a member of the individual's family and causes the victim to
relocate, obtain psychological treatment for herself or a minor child, or fear
continued violence en route to work. Effective July 1,
2009.
Illinois
HB
693
establishes a civil protective order for victims of stalking. Creates the
offense of violating a court's stalking protective order and provides that a
first offense is a Class A misdemeanor and a second or subsequent offense is a
Class 4 felony. Effective August 11, 2009.
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. Illinois Stalking
Law
Nevada
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. Nevada
Stalking Law
New
York
A
755 provides that
employers may not
refuse to hire or employ or may not discharge from employment an individual
because of their victimization. Employers also cannot discriminate against
them in terms of compensation, conditions or privileges of employment.
Effective July 7,
2009.
Oregon
SB
928 prohibits
employers from discriminating or retaliating against employees who are victims
of domestic violence, sexual assault, or stalking. The bill would also direct
that an employer cannot 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.
Pending
Legislation
California
SB
188 proposes to
authorize
chief administrative officers, security officers, or employee designees of
private post-secondary educational institutions to seek temporary restraining
orders (TROs) or injunctions on behalf of a student who has received a
credible threat of violence off campus that 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.
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January - June
2009
Enacted
Legislation
New
Jersey
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 March 21,
2009. New Jersey Stalking Law
New
Mexico
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 July 1, 2009.
New Mexico Stalking Law
New
York
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 April 7,
2009.
Ohio
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 April
7, 2009.
Washington
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 July 26,
2009.
Virginia
SB 1365 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 July 1,
2009.
Pending Legislation
California
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.
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
SB
2212 would
expand eligibility for protection under the state's harassment prevention
order statute to include victims of stalking and sexual assault.
New Jersey
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 York
AB
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
AB
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.
SB
5364 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.
South
Carolina
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.
Wisconsin
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).
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