Welcome to the Stalking Resource Center

The mission of the Stalking Resource Center is to enhance the ability of professionals, organizations, and systems to effectively respond to stalking.

Stalking Legislative Updates

Pending and recently enacted stalking-related legislation across the United States*

Stalking Legislative Updates, 2009-2013

*Please be advised that this list is not exhaustive. If there is activity in your state not listed, let us know by e-mailing src@ncvc.org.


 

January - March 2015

 

Pending Legislation:

Arizona

HB 2505 – Allows for an employee to use paid sick leave from an employer when that employee is a victim of stalking to do the following: obtain services from a victim services organization; obtain psychological or other counseling; seek relocation due to the stalking; take legal action, including preparing for or participating in any civil or criminal legal proceeding that is related to or resulting from the stalking.

Arkansas

HB 1684 – Establishes a public database for persons convicted of serious domestic offenses, including a conviction under the stalking statute, and creates a criminal offense for noncompliance with the certain requirements of the database for those convicted of a serious domestic offense.

California

AB 418 – Reduces the time limit for a tenant, who is a victim of domestic violence, including stalking under the civil statute, to give a notice of intent to vacate to the landlord from 30 days to 14 days. Also reduces the time that the landlord has to return the tenant's security deposit from 21 days to 14 days and eliminates certain requirements regarding post vacancy inspections by the landlord when the tenant vacates the premises under these provisions.

AB 494 – Authorizes the court to issue restraining orders or protective orders to enjoin a person to stay away from an animal or forbid a person from, among other things, threatening, harming, or otherwise disposing of an animal belonging to the petitioner when the petitioner is petitioning for a restraining or protective order under, among other things, stalking.

SB 186 – Authorizes the governing board of a community college district to remove, suspend, or expel a student for certain conduct, including stalking, that is occurring off of the community college district property, regardless of the victim’s affiliation with the community college.

Connecticut

HB 6971 – Amends the stalking statute to include behaviors that utilize a global positioning system (GPS) to follow or lie in wait for the victim.  

Florida

SB 1490 – Allows for an employee, who is a victim of stalking, to use paid sick and safe leave under certain circumstances and prohibits an employer from requiring detailed information related to the incident from the employee.

SB 7034 – Removes the scheduled repeal of the exemption from public records for certain information of persons who are victims of stalking or aggravated stalking.

SB 1096 – Prohibits the disqualification of benefits from an employer to a victim of domestic violence, including a victim of aggravated stalking within the definition of domestic violence, if the employee voluntarily discontinues employment.

Georgia

HB 452 – Changes the name of the Family Violence and Stalking Protective Order Registry to Protective Order Registry Act. Other non-substantive changes were made to the Act.  

SB 48 – Prohibits the restoration of gun rights to persons who have been convicted of a forcible felony. A forcible felony includes the crime of aggravated stalking.

Hawaii

HB 625 – Prohibits anyone who has been convicted of or is under indictment for harassment by stalking to possess or control any firearm or ammunition.

SB 923 – Requires the Board of Regents to adopt policies concerning sexual assault, domestic violence, dating violence, and stalking, that involves a student both on and off campus.

SB 387 – Requires the Board of Regents and the University of Hawaii to jointly adopt a policy concerning incidents of sexual assault, domestic violence, dating violence, and stalking.

HB 451 – Requires the Governing Board of each community college, the Board of Regents and the University of Hawaii to adopt a policy concerning incidents of sexual assault, domestic violence, dating violence, and stalking.

HB 446 & SB 384 – Establishes an address confidentiality program for, among other things, victims of stalking.

HB 1047 & SB 1025 – Provides that employers allow sick leave for victims of stalking.

HB 597 – Requires the Board of Regents of the University of Hawaii to adopt policies concerning sexual assault, domestic violence, dating violence, and stalking.

Illinois

HB 242 – Amends the stalking statute to include a new provision under aggravated stalking to include, “Causes severe and permanent disability, great bodily harm, or disfigurement”. The penalty for a conviction under this particular provision of the statute is a Class 1 felony. Also broadens the definition of “places the person under surveillance” to include among other behaviors, “Or otherwise tracks the person through any available technological means”.

HB 4048 – Adds, a “certificate of handgun registration” to the list of prohibited items for a respondent who is subject to a stalking no contact order.    

Iowa

SB 395 – Expands the definition of "course of conduct" for purposes of the definition of the crime of stalking contained in Code section 708.11 to include situations where a technological device is repeatedly used to locate, listen to, or watch a person without a legitimate purpose. Also modifies the elements of the criminal offense of stalking to include when a reasonable person would feel, “terrorized frightened, intimidated, or threatened, or to fear that the person intends to cause (please see the rest of the statute)” Lastly, eliminates a current element of stalking requiring the person's course of conduct to actually induce fear in the victim of bodily injury to or death of the victim or the victim's family member.

HB 585 & SB 383 – Establishes an address confidentiality program in the office of the secretary of state for a victim of domestic abuse, domestic abuse assault, sexual abuse, stalking, or human trafficking.

HB 390 & SB 79 – Modifies the current requirement that all community colleges, regents universities, and accredited postsecondary private institutions develop, implement, and disseminate a written sexual assault policy. Requires the policy developed, implemented, and disseminated concern sexual assault including sexual abuse, domestic violence, dating violence, and stalking involving a student, both on and off campus.

HB 393 & SB 1149 – Requires a risk assessment and electronic monitoring of a criminal defendant under certain conditions such as when a defendant is convicted, among other crimes, of stalking.

Kansas

HB 2266 – Provides that the board of any postsecondary educational institution adopt a policy concerning sexual assault, domestic violence, dating violence and stalking involving a student, both on and off campus.

Kentucky

HB 22 – Adds stalking (as defined under KRS 508.130) in the definition of “domestic abuse” thereby allowing protective orders to be issued if the interpersonal relationship exists.

HB 269 – Adds stalking (defined as engaging in a course of conduct which seriously alarms a family member or members of an unmarried couple) to the definition of “domestic violence and abuse”.

HB 405 – Provides that residential tenants who hold a domestic violence order, a pretrial release no contact order, or a stalking restraining order may terminate a lease with at least thirty (30) days notice to landlords

HB 8 – Adds stalking to the list of behaviors under which a victim can apply for an interpersonal protective order. Stalking is defined per KRS 508. An interpersonal relationship (defined in the statute) is still necessary.

Louisiana

SB 81 – Provides for certain minimum earned and unearned sick leave benefits for injuries of employees sustained as a result of domestic violence, sexual assault, or stalking.

Maine

SB 160 – Expands the crime of stalking to include conduct directed at or concerning a group of persons. This new classification of stalking is a Class C crime, as opposed to a Class D crime for stalking a single individual.

SB 305 – Prohibits a landlord from evicting a tenant because of an instance of domestic violence, sexual assault, or stalking. Renders the perpetrator liable for certain damages and provides for termination of residential lease with notice by a victim of domestic violence, sexual assault, or stalking.

HB 640 – Expands the law creating the right to a leave of absence for employees who are victims of violence (domestic violence, sexual assault, and stalking) by requiring that a returning employee be placed in the employee's former employment position or a position of equivalent employment status. Also prohibits discrimination or retaliation against an employee for exercising the right to take a leave of absence or enforcing the provisions of the law and creates a private right of action to enforce the law, and to seek injunctive or equitable relief and compensatory damages.

Maryland

HB 667 – requiring the governing board of each public senior higher education institution and the board of trustees of each community college to adopt a written policy on sexual assault, domestic violence, dating violence, and stalking.

HB 612 – Further defines the term "conduct" for purposes of a certain prohibition against stalking to include approaching, following, or pursuing another person without the person's consent and monitoring or tracking another person without the person's consent by or through the use of any device, action, or means, including electronic methods.

HB 385 & SB 40 – Requires an employer allow an employee to use earned sick leave if that person or a member of that person’s family is a victim of stalking. Certain requirements for the leave are also enumerated.

Massachusetts

HB 539 – Provides for the exclusion of the name and address of any person who provides sufficient evidence that he or she is more likely to be a victim of a crime, including stalking, as a result of being listed.

Michigan

HB 4081 – Requires a person convicted of stalking, whether in Michigan or another state, to register with the local law enforcement agency, sheriff's department, or the department within 14 days after becoming domiciled or temporarily residing, working, or being a student in this state (specific timelines are enumerated).

HB 4413 – Creates the address confidentiality program for victims of domestic abuse, sexual assault, stalking, or human trafficking.

HB 4414 – Known as the “Sick Leave Utilization Act”, requires employers to permit the use of sick leave to address issues arising from sexual assault, domestic violence, or stalking.

HB 4411 – Known as the “Elliott-Larsen Civil Rights Act”, prohibits discriminatory practices, polices, and customs for a person or a person residing with someone who is a victim of domestic violence, sexual assault, or stalking.

Minnesota

HB 549 & SB 481 – Provides for accrued sick and safe leave to be used by victims of stalking.

HB 1445 & 1769 – Provides that the Board of Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or automatically revoke a teacher's license to teach without the right to a hearing upon receiving a certified copy of a conviction showing that the teacher has been convicted of stalking under section 609.749 and the victim was a minor.

HB 1361 & SB 1289 – Provides grounds for a Red Flag Order when the court is considering whether to grant a protection from gun violence order. One such factor is if the petitioner provides evidence of a prior conviction for stalking under section 609.749.

SB 1617 – Allows the extension, renewal, or a new order of a Harassment Restraining Order if the respondent has engaged in stalking within the meaning of 609.749.

HB 1484 – Allows the extension, renewal, or a new order of a Harassment Restraining Order if the respondent has engaged in stalking within the meaning of 609.749.

Mississippi

SB 2181 – Changes the penalty section for the offense of Cyberstalking. Clarifies jurisdiction for prosecution by providing jurisdiction in the county where the telephone call, conversation, electronic communication or language originates if the call, conversation, electronic communication, or language originates in the state of Mississippi. If the call, conversation, electronic communication, or language originates outside of Mississippi then the person shall be prosecuted in the county to which it is transmitted.

Missouri

SB 212 – Adds the following prong to the stalking statute under both Aggravated Stalking and Stalking in the First Degree under which a person can be found guilty under the statutes: “If at any time during the course of conduct, the other person is a participant of the address confidentiality program under sections 589.660 to 589.681, and the person disturbing the other person knowingly accesses or attempts to access the address of the other person”.

HB 1161 – Adds to the Missouri Family Leave Act and provides for paid leave for an employee who is the victim of stalking in order to seek medical attention, services, or counseling.

HB 646 – Adds new sections relating to gun violence restraining orders. Prohibits a person under a court order restraining him or her from stalking from possessing a firearm.

Montana

SB 197 – Provides that employees are entitled to use paid leave to address situations related to domestic violence, sexual assault, or stalking.

HB 306 – Removes certain limitations on unemployment benefits for victims of domestic violence, sexual assault, and stalking which existed under the current law.

Nebraska

LB 307 – Amends the current stalking to provide the following: “A person commits the offense of stalking if he or she intentionally, knowingly, or recklessly engages in a course of conduct directly, indirectly, or through third parties directed at a specific person or a family or household member of such person which terrifies, threatens, intimidates, follows, detains, disturbs, or imposes any restraint on such person”. Also includes communication by electronic means in the definition of “course of conduct”.

LB 493 – Allows an employee, who is the victim of stalking or whose family member is the victim of stalking, to use sick and safe leave for specific enumerated reasons.

New Hampshire

SB 156 – Prohibits an employer from discriminating against an employee who is or has been a victim of domestic violence, sexual assault, or stalking.

HB 648 – Requires detention until arraignment for persons arrested for violation of a domestic violence or stalking protective order.

New Jersey

AB 3841 – Authorizes the court to order electronic monitoring of defendants upon a second or subsequent conviction of stalking.

Nevada

SB 187 – Provides that in every judgment of conviction issued for a battery which constitutes domestic violence or stalking,  the court must inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm, and order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or has in his or her possession or under his or her custody or control. Any person who violates a provision included in a judgment of conviction issued for a battery which constitutes domestic violence or stalking is guilty of a category B felony.

New York

AB 5400 – Requires college campuses to adopt policies regarding domestic violence, dating violence, sexual assault, and stalking.

AB 3520 – Amends the stalking statute to prohibit stalking by technological means. Specifically, though not limited to, illegal wiretapping, cell phones, caller identification, the internet, cameras, global positioning system and any other type of tracking device.

SB 113 – Amends the stalking statute to prohibit stalking by technological means. Specifically, though not limited to, illegal wiretapping, cell phones, caller identification, the internet, cameras, global positioning system and any other type of tracking device.

AB 4800 – Amends the civil practice law and rules, in relation to civil remedies for stalking victims.

AB 3648 – Amends the stalking statute to prohibit stalking by technological means. Specifically, though not limited to, internet, cameras, global positioning tacking devices, and other tracking devices.

SB 448 – Amends the penal law, in relation to increasing penalties for first, second, third and fourth degree stalking.

AB 2850 – Amends the correction law, in relation to enacting "Danielle DiMedici and Jessica Tush's Law", and provides that a person convicted of domestic abuse must register with the Division of Criminal Justice Services. The Division must comply with particular duties enumerated. Domestic abuse is defined as including a conviction for stalking in the first, second, third, and fourth degrees.

AB 4168 – Amends the penal law, in relation to the electronic stalking of a minor, criminal impersonation by means of electronic communications and aggravated harassment by means of electronic communication.

SB 2308 – Amends the penal law, in relation to the electronic stalking of a minor and criminal impersonation by means of electronic communications

AB 306 – Prohibits the sale, facilitating the sale, or providing a secret mobile stalking program or a secret mobile spying program.

AB 2853 – Provides for an unpaid leave of absence from employment for victims of domestic violence, which includes stalking victims.

SB 842 – Provides for an unpaid leave of absence from employment for victims of domestic violence, which includes stalking victims.

SB 2636 – Provides for an unpaid leave of absence from employment for victims of domestic violence, which includes stalking victims.

AB 6632 – Provides that sexual assault, dating violence, domestic violence, and stalking prevention and response policies and procedures be put in place by college campuses.

SB 4569 – Provides that sexual assault, dating violence, domestic violence, and stalking prevention and response policies and procedures be put in place by college campuses.

AB 915 – Amends the executive law, in relation to prohibiting discriminatory practices against domestic violence victims defined as including stalking victims.

SB 878 – Amends the executive law, in relation to prohibiting discriminatory practices against domestic violence victims defined as including stalking victims.

AB 3128 – Establishes the "unemployment insurance for domestic violence survivors act" and defines “abuse” under the act to include stalking and acts that induce terror. A relationship between offender and victim is still required.

AB 2090 – Amends the statute which prohibits bullying on school property and defines bullying to include stalking.

North Carolina

HB 270 – Allows employees to use accrued sick leave to address the psychological, physical, or legal effects on himself or herself, or an immediate family member, of domestic violence, sexual assault, or stalking.

HB 187 – Adds a provision to the cyberstalking statute to provide that a person commits the offense of cyberstalking if the person knowingly installs or places a tracking device without consent and uses the device to track the location of an individual.

SB 238 – Adds a provision to the cyberstalking statute to provide that a person commits the offense of cyberstalking if the person knowingly installs or places an electronic tracking device without consent, or causes an electronic tracking device to be installed without consent, and uses the device to track the location of any person.

SB 339 – Ensures that all workers can use earned paid sick days to address their own health needs as well as those of their families. Health needs includes issues arising as a result of being a victim of stalking.

SB 474 – Requires the Board of Governors of the University of North Carolina to adopt a policy addressing sexual assault, domestic violence, dating violence, and stalking.

North Dakota

HB 1403 – Allows an employee to use sick leave if the employee or a family member of the employee is a victim of domestic violence, a sex offense, stalking, or terrorizing.

HB 1212 – Adds being a victim of stalking to the list of qualifications an employee has for obtaining unemployment compensation.

HB 1321 – Amends the stalking statute to include: “To communicate, cause to be communicated, to a specific individual, words, images, or language by or through the use of electronic mail or electronic communication, or to track that individual’s movement by electronic means, which frightens, intimidates, or harasses that individual and which serves no legitimate purpose”.

HB 1217 – Provides that a person may not refuse to sell or rent a dwelling based on the person being a victim of dating violence, domestic violence, sexual assault, or stalking.

Oklahoma

HB 1350 – Amends the stalking statute to include stalking in violation of a protection order as a felony.

HB 1516 – Amends the stalking statute by defining “following” to include the use of a Global Positioning System (GPS) device or other monitoring device by a person without consent.  

Oregon

HB 2628 – Amends the statute on stalking and protective orders and disallows all filing fees and adds the relief to protect children and animals.

HB 3391 – Requires the Attorney General to file action on behalf of any Department of Human Services employee for a stalking citation or stalking protective order upon substantiation of stalking causing alarm or coercion to the employee.

HB 3476 – Adds a section to an evidentiary statute that establishes privilege in civil, criminal, administrative and school proceedings for certain communications between persons seeking services related to domestic violence, sexual assault or stalking and victim services programs and advocates.

SB 492 – Amends the use of paid leave statute by authorizing use of accrued sick leave or personal business leave by certain employees who are victims of domestic violence, harassment, sexual assault or stalking.

HB 2904 – Amends a statute on the detention of youth by expanding it to include stalking or a violation of a court’s stalking protective order.  

Pennsylvania

HB 624 – Provides paid sick leave to take care of the worker's own health needs or the health needs of family members or to deal with safety issues arising from domestic or sexual violence. Paid sick leave can be used to seek relocation due to domestic violence, sexual violence, or stalking.

SB 312 – Prohibit persons who are convicted of certain offenses, including stalking, from possessing, using, manufacturing, selling or transferring firearms.

HB 656 – Defines the offense of online impersonation as using the name, persona or identifying information of another person or a fictitious person to do any of the following:  create a web page, post one or more messages on a commercial social networking site, send an email, instant message, text message or similar communication, open an email account, or open an account of profile on a commercial social networking site, or engage in terroristic threats, harassment, stalking, intimidation of witnesses or victims, or retaliate against witnesses or victims.

HB 156 – Requires public, private and parochial schools to report to Superintendent’s office a list of students who engage in acts of violence and criminal offenses, including stalking.

SB 65 – Requires public, private and parochial schools to report to Superintendent’s office a list of students who engage in acts of violence and criminal offenses, including stalking.

HB 215 – Provides that a caretaker is guilty of abuse of a care-dependent person if he, with the intent to harass, annoy or alarm a care-dependent person, commits physical abuse; or communicates lewd, lascivious, threatening or obscene words, language, drawings or caricatures; or communicates repeatedly with the care-dependent person at extremely inconvenient hour; or commits stalking against a care-dependent person.

HB 262 – Provides that an adult-oriented establishment shall be closed if the manager, controller or owner has been convicted of a specified crime, including stalking.

SB 632 – Provides that an individual convicted of certain offenses, including stalking, regardless of the length of the sentence or whether the conviction was in or out of the state, may not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm.

Rhode Island

HB 5632 – Allows parents or interested parties, which is defined as a person acting as a parent, to file for a domestic abuse protective order in the family court on behalf of a minor child when the minor child is either unable or unwilling to file on their own behalf. Domestic abuse includes stalking.

HB 5817 – Defines the criminal offense of electronic tracking of motor vehicles as, to knowingly install, conceal or otherwise place an electronic device in or on a motor vehicle without the consent of the operator and all occupants of the vehicle for the purpose of monitoring or following the operator, occupant or occupants of the vehicle. Includes this offense within the domestic violence prevention act.

HB 3034 – Confirms that a magistrate can issue a restraining order against persons engaged in stalking. Also provides that persons convicted of criminal domestic violence or criminal domestic violence of high and aggravated nature must surrender firearms.

SB 327 – Establishes a Drug Court Program and provides that persons charged with stalking may not be considered for the program.

HB 3458 – Creates the Teen Violence Prevention Act and defines the offense of teen violence, which includes stalking. Victims who are sixteen years or older can obtain an order of protection, without parental consent. However, the parent must be notified by the court within 24-hours of the restraining order. Victims under age sixteen must have parental consent to obtain an order of protection.

HB 3222 – Requires the South Carolina Department of Education to develop a model dating violence policy to assist school districts in developing their own. Dating violence includes stalking.

HB 3224 & SB 19 – Creates the criminal offense of dating violence, which includes stalking. A person commits the offense of dating violence when the victim has reasonable cause to believe that the victim is in imminent danger of becoming the subject of an act of dating violence, or when a victim presents sufficient evidence that the current or former partner of the relationship threatened to, attempted to, or actually physically abused the victim. “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault or battery or criminal sexual conduct offense, stalking, or kidnapping resulting in the victim having reasonable cause to believe that the victim is in imminent danger of becoming the subject of an act of violence, or threats or attempts to abuse the victim, or physical injury or death to the victim.

Tennessee

HB 41 & SB 610 – Provides that an offender arrested for stalking, aggravated stalking or especially aggravated, in which the victim is any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, shall not be released for 12-hours after the time of arrest. The arresting officer shall note the time of arrest to establish the beginning of the 12-hour period.

HB 1302 & SB 1374 – Directs funds from domestic assault fines to be used to pay for global positioning monitoring for indigent domestic abuse and stalking defendants; requires forms for bail in domestic abuse and stalking cases to indicate that global positioning monitoring was considered as a condition of bail and whether the monitoring requirement was imposed.

HB 1270 & SB 1372 – Adds victims of domestic assault, violation of an order of protection or restraining order, stalking, and domestic victims of vandalism and false imprisonment to those who receive victims' rights.

HB 501 & SB 548 – Provides that a tenant victim of domestic abuse can request in writing for the landlord to change the locks when the victim has a protective order. The written request must include a copy of the protection order and the landlord must change the locks, at the landlord’s expense, by close of the next business day of receiving the written request. Protects the tenant victim of domestic violence from being evicted solely because they are a victim of abuse, including stalking.

Texas

HB 2455 & SB 944 – Creates a task force to promote uniformity in the collection and reporting of information on family violence, sexual violence, stalking and human trafficking. The information would be gathered from individuals, state and local agencies, community-based organizations, and other public and private organizations.

HB 1293 – Protects the confidentiality of stalking victims by allowing victims to choose a pseudonym to be used instead of the victim’s name to designate the victim in all public files and records concerning the offense, including police summary reports, press releases and records of judicial proceedings.

HB 1447 & SB 630 – Provides certain rights of victims of sexual assault, abuse, stalking or trafficking during the criminal prosecution of the defendant, including the right to:  have the prosecuting attorney, on request of the victim or victim’s parent or guardian, file an application for a protective order; to be informed: that the victim or their parent or guardian may file for a protective order, of the court in which to file for a protective order, and that the prosecuting attorney, on request of victim, is required to file the application for a protective order. If the victim is present when defendant is convicted, the right to be given by the court the information regarding filing for a protective order. If the victim is not present when the defendant is convicted, the right to be informed by the prosecuting attorney the information regarding filing a protective order.

HB 2409 – Establishes a secure location for the surrender of firearms by individuals subject to a protection order or emergency protection order. Provides that a violation of an order of protection that results in a family violence or stalking offense may be prosecuted as a separate misdemeanor or felony offense.

SB 146 – Expands relocation assistance allocated to victims of family violence to include victims of stalking. A victim of stalking who is assaulted in the victim’s place of residence may receive a onetime-only assistance payment in an amount not to exceed $2,000 to be used for relocation expenses including deposits, utility connections, moving expenses, transportation, lodging and meals, and $1,800 to be used for housing rental expenses.

HB 2299 – Establishes requirements for community supervision of stalking offenses and prohibits contact with the victim. If the court grants community supervision to a defendant convicted of stalking, the court may require as a condition of this supervision that the defendant not communicate directly or indirectly with the victim, or go to or near: the residence, place of employment or business of the victim or a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.

Utah

SB 187 – Changes the requirement for obtaining electronic information via subpoena from a provider in a stalking case from reasonable suspicion to probable cause.

HB 378 – Creates a registry of white collar crimes and provides that the information may not be used to stalk.

Vermont

SB 124 – Provides that the scope of practice of a Level II law enforcement officer shall be limited to investigating certain matters including stalking or violation of a protective order against stalking.

HB 187 & SB 15 – Provides that an employee may use earned sick time to arrange for social or legal services or obtain medical care or counseling for the employee, employee’s parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild, foster child, person residing with the employee, or family-member for whom the employee is primarily responsible to arrange or provide care for, who is a victim of domestic violence, sexual assault or stalking or who is relocating as the result of domestic violence, sexual assault or stalking.

HB 474 – Provides that a party to divorce may seek an exemption from mediation in cases where there is a high degree of conflict or a court has issued an abuse prevention order or an order against stalking or sexual assault concerning the parties to the divorce.

HB 211 – Creates a homeless bill of rights which includes protection for homeless victims of stalking. Provides that victims of domestic and sexual violence and stalking who are homeless have the right to safety and confidentiality and no identifying information pertaining to such victims shall be released without a written release unless the disclosure of the information is required by state or federal law or court order.

Virginia

SB 990 – Creates a duty of employers to provide employees with domestic violence, sexual assault and stalking leave. A stalking victim may take up to 30-days leave from work to seek legal assistance, obtain mental or physical health treatment, obtain services from a shelter, participate in safety planning or obtain temporary or permanent housing.

HB 1945 – Requires employers to allow an employee to take domestic violence leave, with or without pay, if the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. Domestic violence leave may be taken to seek legal or law-enforcement assistance or remedies.

HB 1902 – Amends stalking statute to include engaging in conduct by any action, method, device or means. Also provides that a tenant who is a victim of stalking may terminate a rental agreement if the victim has obtained an order of protection against the stalker or the perpetrator has been convicted of stalking.

SB 1297 – Amends the stalking statute to include: “or who on more than one occasion engages in conduct directed at another person with the intent to coerce, intimidate, or harass, or when he knows or reasonably should know that the conduct coerces, intimidates, or harasses, that other person or that person’s family or household member.”

HB 1453& SB 1297 – Amends the stalking statute to include: “any person, except a law-enforcement officer acting within his official duties and a registered private investigator acting within his legitimate business, who on more than one occasion engages in conduct directed at another person with the intent to coerce, intimidate, or harass, or when he knows or reasonably should know that the conduct coerces, intimidates, or harasses, that other person or that other person’s family or household member is guilty of a class 1 misdemeanor.

HB 2085 & SB 943 – Provides that anyone who knowingly and intentionally purchases, possesses, or transports a firearm after a misdemeanor conviction of stalking, when the victim was a family or household member, is guilty of a misdemeanor. After five years from the date of conviction for stalking, when the victim was a family or household member, the offender may petition the court for a permit to possess or carry a firearm.

SB 1180 – Provides that in determining the best interests of the child in determining custody the court shall consider, among other factors, other abuse which includes stalking.

Washington

HB 1857 & SB 5727 – Creates an emergency extreme protective order and provides that when the petitioner for an  is a law enforcement officer, the law enforcement officer shall make a good faith effort to provide notice to a family or household member of the subject of the petition who may be at risk of domestic violence or stalking. The notice must include that the law enforcement officer intends to petition the court for an emergency extreme risk protective order, and referral to relevant domestic violence or stalking advocacy or counseling resources, if appropriate.

HB 1356 & SB 5306 – Allows employees who are victims of stalking to use paid sick leave.

SB 5518 – Creates procedures to address campus sexual violence, including stalking.

HB 2135 & SB 5898 – Protects homeless victims of stalking and domestic violence by limiting what personal identifying information can be shared by homeless assistance agencies, housing authorities and homeless census.

HB 1226 & SB 5605 – Provides that police can arrest a 16 or 17 year old who within the preceding four hours has assaulted a family member or household member and in making the arrest the officer shall consider a history of domestic violence or stalking.

West Virginia

HB 2520 & SB 391 – Prevents an individual from being disqualified from receiving unemployment compensation benefits when their separation from employment is due to domestic violence, sexual offenses or stalking by family or household members. The individual must seek and accept new suitable work in order to remain eligible for benefits. Provides that the employer is not chargeable for benefits paid when the separation from work is for those reasons.

HB 2690 – Requires state institutions of higher education and certain other postsecondary schools or training facilities to adopt policies and procedures relating to campus sexual violence, domestic violence, dating violence and stalking.

Wyoming

SB 112 – Proof of substantial emotional distress under the stalking statute shall not require proof that the victim received professional treatment or counseling. Provides that an order for release on bail of a person arrested for the crime of stalking shall include an order that the person undergo a mental health evaluation to determine if the person is a danger to self or others. The evaluation shall be completed within 14 days of release and the results provided to the court within five days after completion of the evaluation. Cost of the evaluation is covered by the person evaluated.

 

Enacted Legislation:

Wyoming

HB 17 –Provides that victims of sexual assault may apply for a stalking protection order. Also provides that protection orders that involve stalking shall state that a violation of the order may in some cases subject the perpetrator to enhanced penalties for felony stalking. Orders of protection for stalking shall also state that prohibited contact includes telephone calls, mail, e-mail, texting, fax, contacting through social media using the internet or similar technology and any other form of communication. A request by a victim for the perpetrator to violate the order of protection shall constitute an affirmative defense to a charge of violation of the order by the perpetrator. The original order of protection will terminate after three months (previously one year) unless the respondent is charged or convicted of stalking or sexual assault during that time period. The order may be extended repeatedly for a period each time not to exceed three months upon the court finding from specific facts that a clear and present danger to the victim continues to exist. Law enforcement responding to a request for assistance from a victim may take necessary steps to protect the victim, including informing the victim of the availability of safety planning and victim’s rights counseling. Effective July 1, 2015.

 


 

October - December 2014

 

Pending Legislation

Montana:

MT D. 1020 – Removes certain limitations on employment benefits to provide that an individual who is otherwise eligible for benefits may not be denied because the individual left work or was discharged because of circumstances resulting from the individual or a child of the individual being a victim of domestic violence, a sexual assault, or stalking or if the individual left work or was discharged because of an attempt on the individual's part to protect the individual or the individual's child from domestic abuse, a sexual assault, or stalking.

Nevada:

SB 60 – Transfers authority from the Secretary of State to the Office of the Attorney General to issue fictitious addresses to victims of stalking.  

New Jersey:

SB 2686 – The “Sexual Assault Survivor Protection Act of 2015," authorizes protective orders for victims of nonconsensual sexual contact, sexual penetration, or lewdness, or attempts at such conduct. Prohibits the respondent from stalking or following, or threatening to harm, stalk, or follow, the alleged victim. 

AB 3809 - Expands the Address Confidentiality Program to encompass victims of stalking and victims of sexual assault.

SB 2540 - Authorizes the court to order electronic monitoring of a defendant convicted of a second or subsequent offense of stalking against the same victim.

AB 3841 - Authorizes the court to order electronic monitoring of a defendant convicted of a second or subsequent offense of stalking against the same victim.

AB 3813 - Allows temporary and permanent restraining orders under the "Prevention of Domestic Violence Act of 1991," on grounds that the person seeking the order is a victim of cyber-harassment.

New York:

AB 306 – Bans secret mobile spying programs by making it unlawful to sell, provide, or knowingly facilitate the sale or provision of any computer program that can be installed onto an internet capable portable electronic device that automatically copies and forwards the content of an electronic message sent by or received on such device to an electronic address or portable electronic device that is not the original electronic address or portable electronic device originally used in the transmission of the electronic message. Also bans secret mobile stalking programs by making it unlawful to sell, provide, or knowingly facilitate the sale or provision of any computer program that can be installed onto an internet capable portable electronic device that automatically transmits the location of such device so that it may be accessed from a different portable electronic device. 

Oregon:

OR D 2740 - Allows for the joinder of two or more domestic violence offenses, including menacing by stalking, in any county where the offenses occurred and where the victim and offender are the same. 

Pennsylvania:

SB 1506 – Adds the use of a tracking device without proper authority to track another person, to the prohibited behaviors under the stalking statute. 

South Carolina:

HB 3034 – Provides for the surrender of firearms under Restraining Orders for domestic violence which includes stalking. 

Texas:

SB 146 - Provides that a victim of stalking may receive a onetime-only assistance payment in the amount not to exceed: (1) $ 2,000 to be used for relocation expenses, including expenses for rental deposit, utility connections, expenses relating to the moving of belongings, motor vehicle mileage expenses, and for out-of-state moves, transportation, lodging, and meals; and (2) $ 1,800 to be used for housing rental expenses.

Virginia:

HB 1453 – Provides a new section under the criminal stalking statute to make it illegal to engage in a course of conduct directed at another person with the intent to coerce, intimidate, or harass, or when he knows or reasonably should know that the conduct coerces, intimidates, or harasses, that other person or that other person’s family or household member. Whoever engages in this conduct is guilty of a Class 1 misdemeanor. 

Enacted Legislation

Ohio:

SB 177 – Authorizes the protection of companion animals in temporary protection orders, domestic violence protection orders, anti-stalking protection orders, and related protection orders. 


 

July - September 2014

Pending Legislation

California:

AB 1356 – Adds “surveillance” of a person to the conduct that makes up the “pattern of behavior” under the civil tort and remedies statute for stalking.

SB 1154 - This bill includes a member of the San Francisco Bay Area Rapid Transit District Police Department in the definition of "officer" for the purposes of, among other provisions, allowing a judicial officer to issue an ex parte emergency protective order.
 
AB 1522 - Enacts the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, which include being a victim of domestic violence, sexual assault, or stalking, to be accrued at a rate of no less than one hour for every 30 hours worked. 
HB 2378 – Prohibits the expungement or sealing of records for, among other items, a stalking no contact order.
 

Kentucky:

BR 96 – Adds stalking to the definition of what constitutes “domestic violence and abuse”. 

New Jersey:

SB 2416 - Amends provisions under the current law to make the crime of stalking and related restraining order protections expressly applicable to situations involving contact or attempted contact between an adoptive child and former parent whose parental rights have been terminated, which has occurred or is occurring contrary to the instructions of the child's adoptive parent. Also permits an adoptive parent to obtain a temporary restraining order against the person whose parental rights to the child have been terminated. Such an order could also be converted into a permanent restraining order upon a judgment of conviction against the person based on a conviction for the crime of stalking. 

SB 2351 - Expands the Address Confidentiality Program to encompass victims of stalking and victims of sexual assault.

AB 3655 - Provides rental and lease protections for domestic violence and stalking victims. A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant's or applicant's or a household member's status as a victim of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement pursuant to the "New Jersey Safe Housing Act”. S.B. 2353 - Prohibits an award of alimony to a person convicted of a crime or offense involving domestic violence, including stalking, by the victim of that crime or offense. If the recipient of an existing alimony award is subsequently convicted of a crime or offense involving domestic violence or stalking against the payer spouse or partner, such conviction would constitute "changed circumstances" for the purposes of a petition to terminate the alimony award.

SB 2352 – Provides that when a victim is pregnant, the court may order that any protections ordered under the "Prevention of Domestic Violence Act of 1991," including protection from the crime of stalking, will apply to the victim's child upon the birth of the child. 

New York:

AB 7720 – Amends stalking in the fourth degree to define “following” to include, the unauthorized tracking of such person’s movements or location through the use of a global positioning system or other device.

 

Enacted Legislation

New Hampshire:

SB 390 - Prohibits discrimination against employees who are victims of domestic violence, which includes stalking, and establishes a committee to study the protection of employees from domestic violence.


 

April - June 2014


Pending Legislation

California:

AB 1982 - Significantly changes the stalking statute from a specific intent crime to a general intent crime.

SB 967 - Clarifies the definition of stalking to be in accordance with the Federal Higher Education Act definition for the purpose of adopting policies related to sexual assault, domestic violence, dating violence and stalking on university campuses. 
 
SB 1385 - Relates to confidentiality program participants. Authorizes the Secretary of State, upon the request of a program participant, to designate an alternate physical address if the participant is prohibited from using a post office box as an address.
 
AB 319 - Redefines what cities are subject to the protection afforded to victims of domestic violence, sexual assault, stalking, human trafficking, and abuse of an elder or dependent adult from having their tenancy terminated or not renewed by landlords because they are victims. Makes all cities, including charter cities and municipalities subject to the law.
      

SB 967 - Requires all universities to provide outreach programs to make students aware of the institution’s policy on campus sexual violence, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy. Outreach programming shall be included as part of new student orientation.

AB 1623 - Extends the pilot project with the family justice center to assist victims of, among other crimes, stalking in the cities of Anaheim and San Diego and the counties of Alameda and Sonoma. 

Colorado:

SB 212 - Adds stalking to the crimes during a bail bond hearing in which the defendant must acknowledge the protection order as part of the conditions of release. 

Connecticut:

HB 5029 - Adds stalking to the list of crimes universities must report on and mandates all universities establish policies and awareness programming on campuses regarding the crimes of sexual assault, stalking, and intimate partner violence. 

HB 5341 - Designates a person convicted of criminal violation of a standing criminal protective order as a persistent offender.  

HB 5593 - Adds “Teen Dating Violence” as part of the safe school climate plan when addressing bullying. Also defines teen dating violence as, “any act of physical, emotional or sexual abuse, including stalking, harassing and threatening, that occurs between two students who are currently in or who have recently been in a dating relationship”. 

Florida:

HB 659 and SB 920 - Extends the effectiveness of certain temporary injunctions in domestic violence, repeat violence, sexual violence, dating violence, or stalking proceedings in certain circumstances.

HB 7055 - Provides for notification to a victim of, among other crimes, stalking when the juvenile defendant is released from secure detention or transferred to non-secure detention. 

Illinois:

HB 3744 - Adds terms under which the court, at its discretion, can order a risk assessment be done on the respondent. Included in this list of terms is when the respondent is charged with stalking.

Louisiana:

HB 1122 - Creates the Protection From Stalking Act and designates victims of stalking committed by a stranger or acquaintance as a person eligible to receive all applicable services, benefits, and other forms of assistance provided by the Protection From Family Violence Act, including a summary proceeding for obtaining a civil order of protection, maintenance of orders of protection against stalking in the Louisiana Protective Order Registry, and assistance in completing the forms for application for the protective order.

HB 639 - Adds persons convicted of certain felony offenses involving stalking to the list of persons who are required to register and provide notification as a sex offender or child predator when the victim of that stalking is a minor.

HB 1142 - Adds stalking to the crime of violation of protective orders when the protective order was issued as a condition of the defendant’s bail.

HB 159 - Amends parole eligibility provisions for crimes of violence, such as stalking, reducing the length of time certain offenders must serve before becoming parole eligible from 85% to 75%.

HB 732 - Carves out certain crimes as being exempt from the waiver of minimum mandatory sentences. Stalking is one of the crimes listed so that the minimum sentence afforded by law cannot be waived by the judge. 

Maryland:

HB 189 - Current law permits an employer to obtain a peace order against a respondent who has threatened the employer. This law adds language to include, the employer “or the petitioner’s employee” when referring to whom the threating behavior is made.

Michigan:

HB 5539 - Known as the “stalker offender registration act”, this requires persons convicted of certain stalking offenses to register as a convicted stalker with the appropriate state agency. 

HB 5654 - Creates the address confidentiality program to provide certain protections for victims of domestic abuse, sexual assault, stalking, or human trafficking. 

HB 5656 - Makes illegal the discrimination or the refusal to do a real estate transaction on the basis of, among other things, a person with the status as a victim of domestic violence, sexual assault, or stalking.  

Minnesota:

HB 859 - Adds stalking as a basis for a tenant to terminate a lease with a landlord without legal repercussions. Tenant must provide written notice to the landlord.  

SB 2050 and HB 2536 - Among many other items enumerated in the legislation, the bill modifies eligibility for unemployment benefits when an applicant is a victim of sexual assault, domestic abuse, or stalking. Specifically, an employee may use sick leave as allowed under this section for safety leave, whether or not the employee’s employer allows use of sick leave for that purpose for such reasonable periods of time as assistance may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives (described in a separate paragraph of the bill). Safety leave is for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or stalking. 

SB 2736 - Authorizes counties to create pilot projects to use GPS to monitor domestic abuse offenders when a sentence has been stayed. Specifically, adds stalking as an enumerated crime for which GPS monitoring can be used when the defendant’s sentence is stayed.

Mississippi:

HB 1030 - creates the Office Against Interpersonal Violence with the State Department of Health. Interpersonal violence is defined as, “any behavior between family members and intimate partners, but also between acquaintances and strangers, that causes physical, psychological, or sexual harm and includes the crimes of domestic violence, stalking, sexual assault, trafficking, child sexual abuse, and related crimes.

New Hampshire:

HB 1409 - Establishes a commission to study housing discrimination against individuals who receive federal housing assistance or who have been victims of domestic violence, stalking, or sexual assault.

SB 390 - Prohibits employers from discharging or refusing to hire a person on the grounds that the person is a victim of domestic violence, harassment, sexual assault, or stalking. Also creates a committee to study the protection of employees from domestic violence. 

New Jersey:

SB 1934 - Upgrades the crime of stalking from a crime of the fourth degree to a crime of the third degree if the victim was less than 18 years old. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $ 15,000 or both.

SB 2237 - Changes who can get a protection order so that persons who are victims of stalking will qualify for protection orders even when that victim is not a spouse, former spouse, or present or former household member of the defendant, or who does not have a child in common or anticipate because of an existing pregnancy to have a child with the defendant nor has had a dating relationship with the defendant. 

New York:

SB 1507 - Increases the penalties for first, second, third, and fourth degree stalking under the stalking statute.

AB 9479 - Amends the general business law in relation to the prohibition of hidden mobile devices used to spy and stalk. Regarding mobile spying programs, it is unlawful to sell, provide, or knowingly facilitate the sale or provision of any computer program that can be used to spy on a person. Also bans secret mobile stalking programs from being sold, provided, or knowingly facilitating in the sale or provision of any computer program that can be installed and used to access a person’s location through the use of GPS or other location enabling system.

AB 9409 - Allows for the sealing of a court record when a person has undergone a name change and wants to avoid the potential of or actual stalking from being perpetrated on that person.  

A2270B and S4187C - Known as “Jackie’s Law”. Amends the definition of “following” under the current stalking statute to include the unauthorized tracking of an individual with a GPS or other tracking device. 

Pennsylvania:

HB 1218 - In respect to landlord/tenant provisions, provides an appeal mechanism for victims of stalking. Also allows tenancy termination by a victim of stalking upon notice to the landlord.  

HB 1163 - Takes out the word, “stalking” in the title of Cyber Harassment of a Child. Further defines what cyber harassment of a child encompasses. 

HB 1448 - Adds stalking, when committed for the purpose, in whole or substantial part, of direct sexual stimulation or gratification, to the registry list of required sex offenders. 

Rhode Island:

HB 7258 - Restricts the installation, concealment, or placement of an electronic tracking device in or on a motor vehicle, and adds electronic tracking devices to the definition of “domestic violence” under the “Domestic Violence Protection Act”.

 

Enacted Legislation

Arizona:

HB 2100 - allows an eligible participant in the Address Confidentiality Program to file an affidavit request for confidentiality in documents maintained by the county recorder, county assessor and county treasurer.

New Hampshire:

SB 318 - Creates “Joshua’s law”. Adds stalking under the definition of domestic violence where the victim and defendant were intimate partners or family or household members.

Ohio:

HB 129 - Authorizes a corporation, association, or other organization that employs two or more victims or to which two or more victims belong to seek protection orders when words or conduct that constitutes criminal menacing, aggravated menacing, or menacing by stalking is occurring.

SB 177 - Authorizes the protection of companion animals in temporary protection orders, domestic violence protection orders, anti-stalking protection orders, and related protection orders.

Virginia:

HB 1233 - Adds victims of stalking as eligible applicants for the Address Confidentiality Program.

Washington:

HB 1840 - Prohibits a person from possessing a firearm if that person is subject to a court order which restrains that person from harassing, stalking, or threatening an intimate partner or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or the child. The court order must include a finding that the person represents a credible threat to the physical safety of the intimate partner or child and by its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.


 

January - March 2014


Pending Legislation

California:

AB 319 - Prohibits a local agency from requiring a landlord to terminate or fail to renew a tenancy based on an act against a tenant or tenant’s household member that constitutes, among other crimes, stalking.

AB 1982 - Substantially changes the current stalking statute including replacing the specific intent with a general intent requirement, eliminating the credible threat element, and adding a domesticated pet under the definition of “immediate family.” If passed, the statute will provide that a person is guilty of the crime of stalking when that person willfully engages in a course of conduct directed at a specific person or group of persons and knows or should have known that the course of conduct would cause a reasonable person to fear for his or her safety or the safety of his or her immediate family, or to suffer substantial emotional distress, as defined.

SB 1385 - Under existing law, the Secretary of State is required, as specified, to designate an address for a victim of domestic violence, sexual assault, and stalking that serves as the person's address for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions.
This bill would require the Secretary of State, upon the request of a program participant, to designate an alternate physical address if the participant is prohibited from using a post office box as an address.

Florida:

SB 180 - Provides that a specified use of a tracking device satisfies the element of "willfully following" for the purposes of the crime of stalking. This bill also prohibits a person from installing a tracking device on a vehicle without the informed consent of the owner.

Hawaii:

HB 6 - Requires employers to provide a minimum amount of paid sick and safe leave to employees to be used to care for themselves or a family member who is ill, needs medical care, or is a victim of domestic violence, sexual assault, or stalking.

Kentucky:

HB 166 - Provides that the victim of an assault, domestic violence, or stalking may terminate a lease or rental agreement upon 30 days written notice to the landlord. Defines a qualified crime victim as a victim of assault, domestic violence, or stalking and amends various sections in KRS Chapter 344 to include qualified crime victims as protected persons under real estate related civil rights statutes.

HB 476 - Will include the crime of stalking and conduct which seriously alarms another person as grounds for the issuance of a domestic violence protective order. Also includes electronic communications within the definition of harassing communications.

HB 501 - Adds the crime of stalking to the definitions of domestic violence and abuse.

Louisiana:

HB 639 – The current law provides that persons convicted of certain sex offenses or certain criminal offenses against a victim who is a minor are required to register and provide notification of either sex offender or child predator status. This bill will add persons convicted of certain offenses involving stalking of a minor to the list of persons who are required to register and provide notification as a sex offender or child predator.

Massachusetts:

SB 837 - Enhances the penalties for stalking at youth sporting events.

Minnesota:

HB 589 - Provides a tenant to a residential lease may terminate a lease agreement without penalty or liability if the tenant fears imminent violence after being subjected to domestic abuse, criminal sexual assault, or stalking. Requires the tenant to provide signed and dated advance written notice to the landlord stating that the tenant fears imminent violence and needs to terminate the tenancy with the date by which the tenant will vacate. The landlord is prohibited from evicting tenant solely because of the victim's notice.

HB 2366 – Provides an exception to a victim who is filing for unemployment and who quit his or her job because of domestic abuse, sexual assault, or stalking of the applicant or an immediate family member of the applicant. 

Missouri:

SB 710 - Adds to the list of offenses constituting aggravated stalking when the offender purposely accesses or attempts to access the address of a participant of the Address Confidentiality Program under sections 589.660 to 589.681.

Nebraska:

LB 707 - Adds language to the stalking statute to make it more encompassing of many stalking behaviors. Also adds harassment as a prohibited act under the stalking statute. Provides for additional acts that constitute stalking as a felony offense.

New Hampshire:

HB 1409 - Prohibits housing discrimination against recipients of rental assistance and victims of domestic violence, sexual assault, or stalking.

SB 390 - Prohibits employers from discriminating against employees who are victims of domestic violence, sexual assault, stalking, and harassment. Also requires employers to provide reasonable safety accommodations.

New Jersey:

AB 882 - Concerns stalking and related restraining order protections with regard to situations involving adoptive children, their adoptive parents, and the persons whose parental rights for those adoptive children have been terminated.

AB 1046 - Expands the wiretap statutes to authorize wiretap orders for investigation of the following crimes or a conspiracy to commit them: luring or enticing a child, impersonation or theft of identity, stalking, and certain harassment crimes.

AB 2883 - Expands the current statute authorizing temporary restraining orders for certain alleged stalking victims to include victims of any age or mental capacity.

SB 58 - Creates a civil cause of action for victims of stalking. Provides that the victim could bring suit whether or not the individual has been charged with or convicted of the crime. The victim could be awarded damages and costs, including attorney fees, and may also be awarded punitive damages. No action could be commenced beyond the applicable personal injury statute of limitations. Under N.J.S.A.2A:14-2 the statute of limitations for personal injury actions is two years.

SB 1934 - Upgrades crime of stalking when victim is less than 18 years old.

New York:

AB 8690 - Provides that stalking by technological means, including illegal wiretapping, cell phones, caller ID, Internet, cameras and GPS systems, shall be prohibited and shall be included in the crimes of stalking in the first, second, and third degrees.

Virginia:

HB 833 - Relates to safe days for employees and requires private employers to allow an employee safe days, with pay, if the employee or a family member is a victim of domestic violence, sexual assault, or stalking or is a family member of a victim of domestic violence, sexual assault, or stalking. Requires employers to provide employees with 32 hours per year of safe day time if the employee has less than 120 months of employment with the employer, and 40 hours per year of safe day time if the employee has 120 months or more of employment.

HB 1226 - Would add to the crime of stalking an act that uses electronic transmissions that produce a visual or textual message directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member.

HB 1233 - Makes victims of stalking eligible for the Address Confidentiality Program and provides for cancellation of a program participant upon failure to provide notice of a name change within a specified time period to the Attorney General.

SB 510 - Prohibits any person who is convicted of stalking, sexual battery, or assault and battery of a family member involving the use of force from possessing, transporting, or carrying a firearm or any other weapon for a period of five years following his conviction. Provides for the forfeiture of any weapon possessed or transported. 

West Virginia:

SB 566 - Relates to unemployment compensation and removes any disqualification for certain victims of domestic violence, sexual offenses and stalking. Also requires training of WorkForce West Virginia employees in the nature and dynamics of domestic violence to aid employees who interact with claimants. 

 

Enacted Legislation

South Dakota:

SB 5 - Allows for reciprocal discretion for the court when hearing petitions for protection orders. In other words, if a petition for a protection order alleging the existence of domestic abuse is filed with the court pursuant to Section 25-10-3 and, if the court, upon an initial review, determines that the allegations do not support the existence of domestic abuse, but that the allegations do support the existence of stalking or physical injury pursuant to Section 22-19A-8, the court, in its discretion, may hear and act upon the petition as though the petition had been filed under Section 22-19A-8 and subject to the provisions of chapter 22-19A. Similarly, if a petition for a protection order alleging the existence of stalking or physical injury is filed with the court pursuant to Section 22-19A-8 and, if the court, upon an initial review, determines that the allegations do not support the existence of stalking or physical injury, but that the allegations do support the existence of domestic abuse pursuant to Section 25-10-3, the court, in its discretion, may hear and act upon the petition as though the petition had been filed under Section 25-10-3 and subject to the provisions of chapter 25-10.

Virginia:

HB 171 - Broadens crime victims’ rights in offenses committed by juveniles by expanding the list of offenses for which a victim of a delinquent act committed by a juvenile may request that the victim be informed of the charge brought, the findings of the court, and the disposition of the case to include violations of assault and battery, stalking, violation of a protective order, sexual battery, or attempted sexual battery or maiming or driving while intoxicated, that would be misdemeanors if committed by an adult.