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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
  • Allow stalking acts committed in more than one county to be prosecuted in any county at least one act occurred.
    Current Minnesota Stalking Law.

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, 2009Nevada 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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This project was supported by Grant Nos. 2008-TA-AX-K017 and 2004-WT-K050 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

For more information on the U.S. Department of Justice Office on Violence Against Women visit http://www.ovw.usdoj.gov.

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