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 src@ncvc.org.
January - March 2013
Pending Legislation
Arkansas
HB 2146 makes changes to current stalking statute and establishes a civil liability for stalking.
California
SB 400 relates to existing law which prohibits employers from taking adverse employment actions against victims of domestic violence who take time off from work. Extends these protections to victims of stalking. Prohibits an employer from discharging or discriminating against an employee because of the employee's status as a victim of domestic violence, sexual assault, or stalking. Creates a private right of action for an aggrieved employee.
AB 849 amends existing law which authorizes victims of domestic violence, sexual assault, or stalking to complete an application at a community-based victims' assistance program for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address. Includes victims of abuse of an elder or dependent adult within these provisions.
SB 130 expands the list of offenses that a witness is entitled to support, adds stalking as one of the offenses.
Connecticut
HB 6664 concerns restraining orders and permits victims of stalking or sexual assault who are not family or household members of the offender to apply for and obtain a civil restraining order.
Georgia
HB 339 relates to stalking and criminal procedure. Provides greater protection to victims of family violence, defines family violence order, changes provisions relating to arrests with and without warrants involving family violence orders. Also changes the provisions relating to bail for persons charged with violating family violence orders.
Hawaii
HB 6 requires employers to provide a minimum amount of paid sick 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.
Illinois
HB 136 amends the Criminal Code of 2012; provides that the stalking and aggravated stalking statutes do not apply to an individual, organization, or employee of a governmental entity monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements when the monitoring or attentiveness occurs at the workplace or worksite.
Kentucky
HB 108 provides that the victim of an assault, domestic violence, or stalking may terminate their lease or contract on their dwelling upon thirty days written notice to the landlord accompanied with a copy of a judicial no contact order issued against the perpetrator of the offense.
HB 222 establishes a crime victim address protection program for victims of domestic violence and abuse, stalking, and felony sexual offenses. The bill allows crime victims to use an address provided by the Secretary of State instead of the person’s actual physical address. It also allows program participants to vote by mail-in absentee ballot.
Massachusetts
SB 837 increases penalties for assault, assault and battery, stalking, and criminal harassment if done at a youth sporting event.
HB 1764 establishes employment leave and safety remedies to victims of domestic violence, stalking, and sexual assault.
Montana
HB 528 revises the stalking law by clarifying that stalking includes repeated electronic communications to the victim or repeatedly posting harassing, threatening, intimidating, or terrifying information on a website or computer network.
Nebraska
LB 608 amends and modifies the stalking law by changing the intent element and making a first offense of stalking a felony.
New York
SB 1507 relates to increasing penalties for first degree stalking to a class C felony, second degree stalking to a class D felony, third degree stalking to a class E felony, and fourth degree stalking to a class A misdemeanor.
AB 559 provides that stalking by technological means shall be prohibited and shall be included in the crimes of stalking in the first, second, and third degree.
AB 4171 establishes the offense for the electronic stalking of minors within the class A misdemeanor of stalking in the third degree; establishes offenses of criminal impersonation by electronic means; includes harassment by electronic means within the class A misdemeanor of aggravated harassment in the second degree.
AB 6379 prohibits hidden mobile device spying and stalking programs, defines the terms, and authorizes enforcement by the attorney general.
AB 6286 requires each public senior high school to provide incoming students with information about sexual assault, domestic violence, and stalking prevention measures.
SB 2185 prohibits certain discriminatory practices against victims of domestic violence relating to housing, including but not limited to the purchase, rent, lease, or housing accommodation. Defines domestic violence victim to include victims of domestic violence pursuant to the social services law and victims of stalking offenses.
North Carolina
SB 409 repeals elements of the civil no-contact laws pertaining to stalking.
Ohio
HB 74 expands the offenses of menacing by stalking and telecommunications harassment; prohibits a person from knowingly causing another person to believe that the offender will cause physical harm or mental or emotional distress to a member of the other person’s immediate family.
Oregon
HB 2362 allows a person against whom a stalking protective order was entered to file a motion with the court to enter an order to seal the records related to the stalking protective order if certain conditions are met.
HB 3263 requires the state to grant paid leave to eligible employees who are victims of domestic violence, harassment, sexual assault, or stalking. Establishes an annual limit for leave and requires the state to inform certain employees of communication in the workplace that are related to victimization of employee and annually inform all employees of availability of leave.
HB 2903 requires certain employers to post in premises where employees are employed summary of statutes and rule related to employment rights of victims of domestic violence, harassment, sexual assault, or stalking. Also, modifies the definition of “eligible employee.”
HB 2965 require the court to order, if requested by petitioner, that respondent in Family Abuse Prevention Act proceeding be restrained from electronic tracking of petitioner or petitioner’s children. Defines “electronic tracking” for purposes of contact that can be prohibited in a stalking order.
Pennsylvania
HR 14 recognizes the month of January 2013 as Stalking Awareness Month.
South Carolina
HB 3717 amends the definitions of the offenses of harassment and stalking to include persons who commit the offenses while subject to a restraining order issued by the family court. Amends the penalties for harassment in the second degree, harassment in the first degree, and stalking so as to include persons subject to a restraining order issued by the family court.
Tennessee
HB 719 authorizes persons subject to domestic abuse, stalking, or human trafficking to use the office of the attorney general and reporter to shield their true address.
HB 671 allows a victim of domestic abuse, sexual assault, or stalking to terminate a lease or rental agreement if notice and documentation that the tenant is a victim are presented to the landlord. It specifies that a perpetrator of certain offenses remains liable for rent and damages under the rental agreement even if the perpetrator is ordered to vacate the premises by a protection order.
Texas
HB 1606 amends the law related to harassment and stalking.
HB 1425 amends the definition of property for the offense of stalking.
SB 946 allows a tenant to terminate a lease and avoid liability for future rent if the tenant is a victim of certain sexual offenses or stalking.
Virginia
HB 2211 provides that upon conviction of a second offense of stalking occurring within 5 years of a prior conviction for such an offense, if such person was also convicted within a specified period prior to the instant offense of a violation of assault and battery when the victim of that crime was the same person who was the victim of the stalking activity in the instant conviction, domestic assault, or a protective order, such person is guilty of a class 6 felony.
SB 1063 provides that conduct that can constitute stalking includes electronic transmissions that produce a visual or textual message.
Washington
HB 1383 creates a civil protection order for stalking victims who do not qualify for a domestic violence protection order. Requires the courts to develop a form for all anti-harassment and stalking protection order petitions. Expands the categories of behavior that qualify as felony stalking and increases the penalties for stalking. Also creates procedures for a stalking no contact order during the pendency of criminal prosecution for stalking and related offenses.
West Virginia
HB 2278 protects nonfamily or non-household members from sexual offenses, stalking and harassment.
SB 254 authorizes the Governor’s Committee on Crime, Delinquency and Correction to promulgate legislative rule relating to protocol for law enforcement response to stalking.
SB 386 amends the code relating to personal safety orders for underlying offenses of sexual assault, harassment, and stalking. The bill clarifies the grounds on which an order can be issued and establishes the venue for the orders.
October - December 2012
Connecticut
HB 5548 amends the domestic violence statute to establish that any family or household member who has been subjected to a continuous threat of present physical pain or physical injury, stalking, or a pattern of threatening by another family or household member can make an application to the Superior Court for relief. It includes stalking as a form of family violence. The amendment also adds certain provisions to the stalking statute: (1) It specifies that a person is guilty of stalking in the first degree when such person commits stalking in the second degree and has previously been convicted of the violation, or such conduct violates a court order in effect at the time of the offence, or the victim is under 16 years of age. Stalking in the first degree is a class D felony; (2) A person is guilty of stalking in the second degree when he knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for such person’s physical safety or the physical safety of a third person; or if such person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person that would cause a reasonable person to fear that such person’s employment, business, or career is threatened, whether such conduct consists of the person telephoning to, appearing at or initiating communication or contact at such other person’s employment or business, provided that the actor was previously and clearly informed to cease such conduct, and such conduct does not consist of constitutionally protected activity. Stalking in the second degree is a class A misdemeanor; (3) The definition of course of conduct was amended to mean two or more acts, including, but not limited to, acts in which a person directly, indirectly or through a third party, by any action, method, device or means, (1) follows, lies in wait for, monitors, observes, surveils, threatens, harasses, communicates with or sends unwanted gifts to, a person, or (2) interferes with a person’s property.
Effective October 1, 2012.
Florida
HB 1099 requires that domestic violence injunctions issued by a court of another state be accorded full faith and credit by the Florida state courts. The definition of “credible threat” was amended to include verbal or nonverbal threats delivered by electronic communication or implied by a pattern of conduct which reasonably causes fear and which is made with the apparent ability to carry out the threat (but it is not necessary to prove that the person had the intent to carry out the threat). The requirement that the threat be a threat of death or bodily injury was removed. The bill adds a provision for the sentencing court in a stalking case to consider issuing a restraining order for up to 10 yrs. The bill adds a separate injunction for stalking (which includes cyberstalking). A stalking injunction may be filed in the jurisdiction where the victim resides, where the stalker resides, or where the stalking occurred. The bill also prohibits a person who has a final injunction against him or her currently in force from possessing any firearm or ammunition.
Effective October 1, 2012.
Oklahoma
HB 2396 increases the maximum fixed period of a protective order to five years. It also allows a continuous protective order if the court finds that the offender has a history of violating court orders; if the person has previously been convicted of a violent felony offense; or if the person has a previous conviction for stalking and a court order for a final Victim Protective Order has previously been issued in Oklahoma or another state. When issuing a protective order, the court may also consider any history of domestic violence or other violent acts.
Effective November 1, 2012.
July - September 2012
Pending Legislation
Massachusetts
SB 2402 relates to housing rights for victims of domestic violence, rape, sexual assault, and stalking.
Pennsylvania
HB 2249 Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, defining online impersonation; includes opening accounts on social networking sites and sending electronic messages; provides for civil damages in actions for online impersonation; relates to terrorist threats, harassment, stalking, intimidation of witnesses or victims or retaliation against victims or witnesses; and provides for use of identifying information, including a Social Security number and checking accounts.
Enacted Legislation
California
AB 2483 proposes to remove the requirement for specific attached evidence for an application alleging the basis is stalking, for purposes of address confidentiality, and instead makes the inclusion of that evidence permissive.
Effective July 13, 2012
SB 1082 proposes a requirement for victims of domestic violence or stalking or reproductive health providers, employees, and volunteers to be domiciled in the state in order to apply for the community-based victims’ assistance program. It would also authorize a certain minor program participant to renew as an adult, and would authorize the Secretary of State to refuse to renew a program participant’s certification under certain conditions. Finally, the proposed bill would authorize the refusal to handle or forward packages from program participants. Effective September 7, 2012
Illinois
SB 2869 proposes to amend the Code of Criminal Procedure, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Domestic Violence Act in relation to notice of orders. It provides that a law enforcement officer notify the Department of Corrections within 48 hours of receipt of orders if the respondent, at the time of the order is in custody, or on parole or mandatory supervised release. Lastly, it would require that the notice contain certain respondent information, including the inmate number and date of birth.
Effective August 6, 2012
SB 3693 proposes legislation that would require restitution to be paid to the compensation program when a crime victim’s out-of-pocket expenses have been paid under the Crime Victims Compensation Act. The act would also add offenses under the Stalking No Contact Order Act and the Civil No Contact Order Act to be included within the definition of crimes of violence. Effective July 16, 2012
April - June 2012
Enacted Legislation
Alabama
HB 75, known as “Tracy’s law,” amends the stalking statute by designating the crimes of stalking and aggravated stalking in the first degree. It also adds stalking and aggravated stalking in the second degree. The amendment removes “credible” so that the stalker would merely have to make a threat, rather than a “credible threat” as was required previously. The amendment also establishes that the stalker must be acting with an improper purpose.
Effective August 1, 2012.
Arizona
HB 2549 establishes that it is unlawful for any person to use an electronic communication to terrify, intimidate, threaten, or harass a person. Such communications include directing any obscene, lewd, or profane language or suggesting any lewd or lascivious act; threatening to inflict physical harm to any person or property; or otherwise disturbing by repeated anonymous, unwanted, or unsolicited electronic communications the peace, quiet, or right of privacy of the person at the place where the communications were received. Electronic communication means a wire line, cable, wireless or cellular telephone call, a text message, an instant message, or electronic mail. The amendment also revises the definition of “course of conduct” under its stalking statute by adding modern technological devices. Specifically, course of conduct includes using any electronic, digital, or global positioning system device to surveil a specific person or a specific person’s internet or wireless activity continuously for 12 hours or more or on two or more occasions over a period of time, however short, without authorization. Course of conduct does not include constitutionally protected activity or other activity authorized by law, the other person, the other person’s authorized representative, or if the other person is a minor, the minor’s parent, or guardian.
Effective May 14, 2012.
Colorado
HB 1114, known as “Vonnie’s Law,” amends the stalking statute penalty by fixing the bail for the crime of stalking and mandating that a protection order be issued against the offender. It also requires that when the stalking is committed in connection with a violation of a court order, any sentence imposed shall be served consecutively and not concurrently. If a protection order has been issued, the court must require the defendant to acknowledge the protection order as a condition of any bond for his or her release. Moreover, in stalking cases, the prosecuting attorney must notify the alleged victim, the complainant, and the protected person of the order if they are not present at the time the protection order is issued. The prosecuting attorney may also request a hearing before the court to modify the terms of a protection order.
Effective May 22, 2012.
Delaware
HB 245 designates stalking as a violent felony. It also includes stalking in the category of “violent crime.”
Effective April 19, 2012.
Florida
SB 436 amends the video voyeurism law and adds “the interior of a residential dwelling” to the definition of “place and time when a person has a reasonable expectation of privacy.”
Effective July 1, 2012.
Hawaii
HB 2295 amends the cyberbullying statute by adding harassment by stalking. A person commits the offense of use of a computer in a separate crime if the person knowingly uses a computer to identify, select, solicit, persuade, coerce, entice, induce, procure, surveil, pursue, contact, harass, annoy, or alarm the victim of offenses related to harassment by stalking.
Effective June 28, 2012. Louisiana
HB 441 authorizes the issuance of a protective order—which can either be indefinite or for a fixed period of time not exceeding 18 months—against a person who is convicted of stalking. It specifies that a protective order may be issued as a condition of bail. The legislation also provides that specified portions of the protective order may be effective for an indefinite period, but the indefinite term may be modified after a contradictory hearing if certain conditions occur.
Effective May 22, 2012.
Maine
HB 1295 requires an arresting officer to obtain and provide to the jail the victim’s contact information in cases involving domestic violence, sexual assault, or stalking. It also requires that the jail notify the victim when the defendant is released on pre-conviction bail or the arresting agency if the victim cannot be reached. Notification is also required if the defendant is released on bail before being delivered to a jail and to a parent or legal guardian if the victim is a minor.
Effective April 17, 2012. HB 1381 sets pre-conviction bail for a defendant who has violated a protection order or who has committed domestic violence stalking, threatening, terrorizing, or reckless conduct. If the underlying crime is an offense of domestic violence, and the new conduct found by the court involves new allegations of domestic violence or contact with a victim or witness in the underlying case, the judge shall issue an order denying bail, unless the judge or justice makes the findings on the record required by both subsections 1 and 2. The judge or justice shall issue an order denying bail if there has been a previous revocation of pre-conviction bail pursuant to section 1096.
Effective April 17, 2012.
Minnesota
HB 469 provides that the application for a harassment restraining order may be filed in the county of residence of either party or in the county in which the alleged harassment occurred. It also provides that the filing and service fee are waived if the petition alleges a pattern of stalking conduct or second or subsequent violations.
Effective April 23, 2012.
Mississippi
HB 159 revises provisions of the address confidentiality program in domestic violence cases. It includes: a person living as a spouse; one who formerly lived as a spouse; a child of persons living as spouses or who formerly lived as spouses; a parent; grandparent; child; grandchild; someone similarly situated to the defendant; or a person with whom the defendant has a biological or legally adopted child in common.
Effective July 1, 2012.
HB 780 clarifies the relationships triggering domestic violence designation—which includes stalking—by adding parents, grandparents, child, grandchild, or someone similarly situated to the defendant. In any arrest for aggravated stalking, a violation of a domestic abuse protection order, or a similar order issued by another state, no bail shall be granted until the person arrested has appeared before a judge in that jurisdiction. The legislation authorizes a law enforcement officer to make a warrantless arrest of a violator if, within 24 hours of a bond condition violation, a law enforcement officer believes a violation has occurred. It also requires judges to check a protective order registry before granting bail.
Effective July 1, 2012.
Tennessee
SB 2438 designates stalking as a Class A misdemeanor. It also designates stalking as a Class E felony if, at the time of the offense, the defendant was required to or was registered with the Tennessee Bureau of Investigation as a sexual offender, violent sexual offender, or violent juvenile sexual offender.
Effective May 23, 2012.
Utah
SB 235 modifies the stalking statute to allow a court with a petition for a stalking injunction to take into consideration any minor children the parties may have. The court should consider provisions regarding the defendant’s exercise of custody and parent-time rights while ensuring the safety of the victim and any minor children. If the court issues a permanent criminal or civil stalking injunction but declines to address custody and parent-time issues, a copy of the stalking injunction must be filed in any action in which custody and parent-time issues are being considered and that court may modify the injunction to balance the parties’ custody and parent-time rights.
Effective April 2, 2012.
Vermont
SB 189 designates a court file as confidential once a case is accepted by the court diversion project. In cases involving stalking, sexual violence, or domestic violence offenses, the victim’s employer’s name, telephone number, address, or any other contact information—as well as the victim’s medical or mental health provider’s name, telephone number, address, or any other contact information—shall be confidential and shall be redacted by the victims’ compensation board for any purpose including restitution, absent a court order.
Effective May 15, 2012.
West Virginia
HB 4307 amends the code of West Virginia relating to domestic violence protective orders. It clarifies the rules and procedures for domestic violence civil proceedings and provides that there must be a mandatory provision in domestic violence protective orders that possession of firearms and ammunition while subject to the order is a criminal violation of state and federal law.
Effective June 8, 2012.
January - March 2012
Pending Legislation
Alabama
HB 75, known as “Tracy’s law,” amends the stalking statute by designating the crimes of stalking and aggravated stalking in the first degree. It also adds stalking and aggravated stalking in the second degree. The amendment removes “credible” so that the stalker would merely have to make a threat, rather than a “credible threat” as was required previously. The amendment also establishes that the stalker must be acting with an improper purpose.
Arizona
HB 2549 establishes that it is unlawful for any person to use an electronic communication to terrify, intimidate, threaten, or harass a person. Such communications include directing any obscene, lewd, or profane language or suggesting any lewd or lascivious act; threatening to inflict physical harm to any person or property; or otherwise disturbing by repeated anonymous, unwanted, or unsolicited electronic communications the peace, quiet, or right of privacy of the person at the place where the communications were received. Electronic communication means a wire line, cable, wireless, or cellular telephone call, a text message, an instant message, or electronic mail. The amendment also revises the definition of “course of conduct” under its stalking statute by adding modern technological devices. Specifically, course of conduct includes using any electronic, digital, or global positioning system device to surveil a specific person or a specific person’s internet or wireless activity continuously for 12 hours or more or on two or more occasions over a period of time, however short, without authorization. Course of conduct does not include constitutionally protected activity or other activity authorized by law, the other person, the other person’s authorized representative, or if the other person is a minor, the minor’s parent, or guardian.
California
AB 1740 proposes to amend its employment discrimination law by including protections for victims of stalking in addition to the domestic violence and sexual assault protections already in place. The existing law prohibits employers from taking adverse employment action against victims of domestic violence and sexual assault who take time off from work to attend to issues arising as a result of the domestic violence or sexual assault. The proposed amendment would extend these same protections to victims of stalking. It would also prohibit an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee’s known status as a victim of domestic violence, sexual assault, or stalking. Moreover, the proposed amendment would prohibit an employer from taking any action against an employee when an unscheduled absence occurs due to the stalking victim’s attempt to obtain relief—such as a restraining order—to help ensure the health, safety, or welfare of the victim, or his or her child. An employer would also be required to provide reasonable accommodations for a stalking victim who requests an accommodation, which may include a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting stalking that occurs in the workplace, an implemented safety procedure, or referral to a victim assistance organization. Lastly, the proposed amendment would prohibit an employer with more than 25 employees to discharge or in any manner discriminate against an employee who is a victim of stalking for taking time off to seek medical attentions for injuries caused by stalking, to obtain services from a program as a result of stalking, to obtain counseling related to an experience of stalking, or to participate in safety planning and take other actions to increase safety from future stalking.
AB 2483 proposes to remove the requirement for specific attached evidence for an application alleging the basis is stalking, for purposes of address confidentiality, and instead makes the inclusion of that evidence permissive.
SB 1082 proposes a requirement for victims of domestic violence or stalking or reproductive health providers, employees, and volunteers to be domiciled in the state in order to apply for the community-based victims’ assistance program. It would also authorize a certain minor program participant to renew as an adult, and would authorize the Secretary of State to refuse to renew a program participant’s certification under certain conditions. Finally, the proposed bill would authorize the refusal to handle or forward packages from program participants.
Colorado
HB 1114, known as “Vonnie’s Law,” amends the stalking statute penalty by fixing the bail for the crime of stalking and mandating that a protection order be issued against the offender. It also requires that when the stalking is committed in connection with a violation of a court order, any sentence imposed shall be served consecutively and not concurrently. If a protection order has been issued, the court must require the defendant to acknowledge the protection order as a condition of any bond for his or her release. Moreover, in stalking cases, the prosecuting attorney must notify the alleged victim, the complainant, and the protected person of the order if they are not present at the time the protection order is issued. The prosecuting attorney may also request a hearing before the court to modify the terms of a protection order.
Connecticut
HB 5548 amends the domestic violence statute to establish that any family or household member who has been subjected to a continuous threat of present physical pain or physical injury, stalking, or a pattern of threatening by another family or household member can make an application to the Superior Court for relief. It includes stalking as a form of family violence. The amendment also adds certain provisions to the stalking statute: (1) It specifies that a person is guilty of stalking in the first degree when such person commits stalking in the second degree and has previously been convicted of the violation, or such conduct violates a court order in effect at the time of the offence, or the victim is under 16 years of age. Stalking in the first degree is a Class D felony; (2) A person is guilty of stalking in the second degree when he knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for such person’s physical safety or the physical safety of a third person; or if such person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person that would cause a reasonable person to fear that such person’s employment, business, or career is threatened, whether such conduct consists of the person telephoning to, appearing at, or initiating communication or contact at such other person’s employment or business, provided that the actor was previously and clearly informed to cease such conduct, and such conduct does not consist of constitutionally protected activity. Stalking in the second degree is a class A misdemeanor; (3) The definition of course of conduct was amended to mean two or more acts, including, but not limited to, acts in which a person directly, indirectly or through a third party, by any action, method, device or means, (1) follows, lies in wait for, monitors, observes, surveils, threatens, harasses, communicates with or sends unwanted gifts to a person; or (2) interferes with a person’s property.
Delaware
HB 245 designates stalking as a violent felony. It also includes stalking in the category of “violent crime.”
Florida
SB 436 amends the video voyeurism law and adds “the interior of a residential dwelling” to the definition of “place and time when a person has a reasonable expectation of privacy.”
Hawaii
HB 2295 proposes to amend the cyberbullying statute by adding harassment by stalking. A person commits the offense of use of a computer in a separate crime if the person knowingly uses a computer to identify, select, solicit, persuade, coerce, entice, induce, procure, surveil, pursue, contact, harass, annoy, or alarm the victim of offenses related to harassment by stalking.
Illinois
HB 5992 proposes to amend the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Domestic Violence Act. It provides that the sheriff, a law enforcement official, special process server, or a specified category of personnel in the Department of Corrections may serve a respondent with a short form notification of a civil no contact order or a stalking no contact order, which must include this information names of the protected parties, dates, and county in which the no contact order was filed.
SB 2869 proposes to amend the Code of Criminal Procedure, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Domestic Violence Act in relation to notice of orders. It provides that a law enforcement officer notify the Department of Corrections within 48 hours of receipt of orders if the respondent, at the time of the order is in custody, or on parole or mandatory supervised release. Lastly, it would require that the notice contain certain respondent information, including the inmate number and date of birth.
SB 3693 proposes legislation that would require restitution to be paid to the compensation program when a crime victim’s out-of-pocket expenses have been paid under the Crime Victims Compensation Act. The act would also add offenses under the Stalking No Contact Order Act and the Civil No Contact Order Act to be included within the definition of crimes of violence.
Louisiana
HB 441 authorizes the issuance of a protective order, which can either be indefinite or for a fixed period of time not exceeding 18 months, against a person who is convicted of stalking. It specifies that a protective order may be issued as a condition of bail. The legislation also provides that specified portions of the protective order may be effective for an indefinite period, but the indefinite term may be modified after a contradictory hearing if certain conditions occur.
Maine
HB 1295 requires an arresting officer to obtain and provide to the jail the victim’s contact information in cases involving domestic violence, sexual assault or stalking. It also requires that the jail notify the victim when the defendant is released on pre-conviction bail or the arresting agency if the victim cannot be reached. Notification is also required if the defendant is released on bail before being delivered to a jail and to a parent or legal guardian if the victim is a minor.
HB 1381 sets pre-conviction bail for a defendant who has violated a protection order or who has committed domestic violence stalking, threatening, terrorizing, or reckless conduct. If the underlying crime is an offense of domestic violence and the new conduct found by the court involves new allegations of domestic violence or contact with a victim or witness in the underlying case, the judge shall issue an order denying bail, unless the judge or justice makes the findings on the record required by both subsections 1 and 2. The judge or justice shall issue an order denying bail if there has been a previous revocation of pre-conviction bail pursuant to section 1096.
Minnesota
HB 469 provides that the application for a harassment restraining order may be filed in the county of residence of either party or in the county in which the alleged harassment occurred. It also provides that the filing and service fee are waived if the petition alleges a pattern of stalking conduct or second or subsequent violations.
Mississippi
HB 159 revises provisions of the address confidentiality program in domestic violence cases. It includes: a person living as a spouse; one who formerly lived as a spouse; a child of persons living as spouses or who formerly lived as spouses; a parent; grandparent; child; grandchild; someone similarly situated to the defendant; or a person with whom the defendant has a biological or legally adopted child in common.
HB 780 clarifies the relationships triggering domestic violence designation—which includes stalking—by adding parents, grandparents, child, grandchild, or someone similarly situated to the defendant. In any arrest for aggravated stalking, a violation of a domestic abuse protection order, or a similar order issued by another state, no bail shall be granted until the person arrested has appeared before a judge in that jurisdiction. The legislation authorizes a law enforcement officer to make a warrantless arrest of a violator if, within 24 hours of a bond condition violation, a law enforcement officer believes a violation has occurred. It also requires judges to check a protective order registry before granting bail.
New Jersey
SB 1842 proposes to expand the statute authorizing temporary restraining orders for certain stalking victims to include victims of any age or mental capacity.
SB 1789 upgrades the crime of stalking when the victim is less than 18 years old.
AB 583 proposes to modify certain elements of the crime of stalking (details not available as of yet).
AB 762 proposes to create a civil cause of action for stalking.
AB 230 authorizes wiretap orders for investigation of luring or enticing a child, identity theft, stalking, and harassment under certain circumstances.
New York
AB 8978 proposes to amend the stalking law to include electronic stalking of a minor. It would establish an offense for the electronic stalking of minors in the fourth degree if the person intentionally, and for no legitimate purpose, engages in a course of conduct using electronic communication directed at a child under the age of 21 years, and the conduct is likely to cause a reasonable fear of material harm to the child’s physical health, safety, or property; or is likely to cause material harm to the physical health, emotional health, safety, or property of the child. It also establishes offenses of criminal impersonation by electronic means and includes harassment by electronic means within the Class A misdemeanor of aggravated harassment in the second degree.
SB 108 provides that stalking by technological means shall be prohibited and shall be included in the crimes of stalking in the first, second, and third degrees.
AB 9154 prohibits certain discriminatory practices against victims of domestic violence relating to housing, including but not limited to, the purchase, rent, lease, or housing accommodation. It also defines domestic violence victim to include victims of domestic violence pursuant to the social services law and victims of stalking offenses.
Ohio
HB 414 proposes to expand the offenses of menacing by stalking and telecommunications harassment. Some of the additions include: making a threatening, intimidating, menacing, coercive comment with the intent to abuse, threaten, annoy, alarm, or harass; interrupting the telecommunication service of any person; transmitting any file, document, or other communication that prevents the person from using the telephone service or device; making any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of any person or member of the person’s family; or alarming the recipient by making a telecommunication at an hour known to be inconvenient, in an offensive or repetitive manner, or without a legitimate purpose. The legislation would also prohibit a person from knowingly causing another person to believe that the offender will cause physical harm or mental or emotional distress to the other person's immediate family. Lastly, it would prohibit the creation of an internet website or webpage that contains statements made for the purpose of abusing, threatening, or harassing another person.
Oklahoma
HB 2396 increases the maximum fixed period of a protective order to five years. It also allows a continuous protective order if the court finds that the offender has a history of violating court orders; if the person has previously been convicted of a violent felony offense; or if the person has a previous conviction for stalking and a court order for a final Victim Protective Order has previously been issued in Oklahoma or another state. When issuing a protective order, the court may also consider any history of domestic violence or other violent acts.
Tennessee
SB 2438 designates stalking as a Class A misdemeanor. It also designates stalking as a Class E felony if the defendant, at the time of the offense, was required to or was registered with the Tennessee Bureau of Investigation as a sexual offender, violent sexual offender, or violent juvenile sexual offender.
HB 2262 allows a victim of domestic abuse, sexual assault, or stalking to terminate a lease or rental agreement if notice and documentation that the tenant is a victim are presented to the landlord.
Utah
SB 235 modifies the stalking statute to allow a court with a petition for a stalking injunction to take into consideration any minor children the parties may have. The court should consider provisions regarding the defendant’s exercise of custody and parent-time rights while ensuring the safety of the victim and any minor children. If the court issues a permanent criminal or civil stalking injunction but declines to address custody and parent-time issues, a copy of the stalking injunction must be filed in any action in which custody and parent-time issues are being considered and that court may modify the injunction to balance the parties’ custody and parent-time rights.
Vermont
SB 189 designates a court file as confidential once a case is accepted by the court diversion project. In cases involving stalking, sexual violence, or domestic violence offenses, the victim’s employer’s name, telephone number, address, or any other contact information as well as the victim’s medical or mental health provider’s name, telephone number, address, or any other contact information shall be confidential and shall be redacted by the victims compensation board for any purpose including restitution, absent a court order.
Virginia
HB 361 relates to enhanced penalties for stalking. It provides that any person who commits a second or subsequent offense of stalking within five years of a conviction of a prior offense is guilty of a Class 6 felony (currently, the Class 6 felony applies for a third or subsequent offense).
West Virginia
HB 4307 amends the code of West Virginia relating to domestic violence protective orders. It clarifies the rules and procedures for domestic violence civil proceedings and provides that there must be a mandatory provision in domestic violence protective orders that possession of firearms and ammunition while subject to the order is a criminal violation of state and federal law.
HB 3041 protects non-family or non-household members from sexual offenses, stalking, and harassment.
Washington
HB 2508 requires employers with more than a specified number of full-time equivalent employees to provide paid leave to employees for specified medical reasons relating to the employee’s or a family member’s health, and reasons permitted under existing law for domestic violence, sexual assault, and stalking.
HB 1180 expands the protections for victims of stalking and harassment in anti-harassment protection orders.
HB 2464 introduces the stalking protection order act.