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to such cases. Victims need to be made aware of the stalking laws, and it is the responsibility of the justice agencies to take on the task of community education about stalking. One special area 0 of concern here is stalking among underserved populations. As the experience of the Dover Police Department shows, size of jurisdiction is irrelevant; stalking occurs in small towns as well as big cities and their suburbs. Substantial evidence from a variety of sources indicates that black women victims of domestic violence are often stalked, although less is known about other types of stalking against blacks. Anecdotal evidence also shows that stalking occurs among immigrant populations and in rural areas. However, special efforts will need to be made to reach those i populations. Special efforts also need to 'be directed at educating employers about stalking. A number of states, such as California, have recently enacted legislation that permits employers to file on behalf of their employees for court orders of protection against stalking at the workplace. These laws show a growing recognition of how stalking in the workplace is a significant policy problem. Although a detailed discussion of this topic is beyond the scope of this report, Hoffman and Baron have summarized the kinds of actions employers might take to mitigate worrplace 0 stalking.262 Justice system responses to stalking were nonexistent a decade ago. Today, there are a few jurisdictions that might be cited as having exemplary responses; in others, significant efforts are underway to improve their response to stalking. Even in the "best" jurisdictions, many gaps remain, especially in providing counseling and services to stalking victims. Despite these problems, steady improvement is evident. The threshold of success in the effort to effectively help stalking victims has not yet been reached, but it is in sight. In sum, anti-stalking efforts have come a long way since 1990. Considerable policy- relevant research now exists to help agencies start anti-stalking initiatives. While few agencies have established special stalking units, those that have can also provide important assistance and guidance to their colleagues. However, availability of information is not enough. Agency leaders need to be told about the information base and its importance to their work. One way to Stalking Laws and Implementation Practices: A National Review 0 124 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. ,, get the word out is for federal funding to place a greater priority on stalking issues. Finally, some limited research on practitioner needs also should be conducted, especially on better identifjmg stalking cases. - ~ ~~ ~~ ~ 262 Suzanne Hoffman & S. Anthony Baron, Stalkers, Stalking. and Violence in the Workplace Setting, in STALKING CRIMES,supra note 1 at 139. See also Regina A. Petty & Lois M.Kosch, Workplace Violence and Unwanted ptlrsuit: From an Employer's Perspective, in STALKING CRIMES, supra note 1 at 459. Stalking Laws and Implementation Practices: A National Review 0 125 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. I Appendix 1: 1998-2001 Stalking Legislation by State ,I This chart briefly summarizes legislative enactments that involve stalking and related issues in the past four years in the 50 states. Full legislative cites may be found at www.ilj.org/dv/index.htm by scrolling down on the left side of the page to the yearly compilations of violence against women legislation. These charts provide a state-by-state listing of relevant legislation, and include both state code and session law citations. State 1998Laws I 1999~aws I 2000 Laws 2001 Laws ~ I I AZ Creating felony Authorizes employers to seek crime of stalking injunction against definition of stalking to be fear of aggravated harassment of employees death; eliminating "physical injury" harassment $ear Increased Strengthens laws setting waiver of Eliminates court fees for persons penalty for filing fees withlpetition for anti- seeking protection order against stalking; harassment court order harassment expanded types of threats covered Expanded behaviors covered by the harassment law - Authorizes issuance of a harassment - injunction against a juvenile AR Authorizes issuance of employee harassment orders of protection , , upon employer petition - Appendix1 1 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. CA Amends 4dds stalking to list of 3stablishes procedures for victims stalking law to :rimes where if domestic violence to keep include threats :ontinuances may be :onfidential rime change through granted if prosecutor electronic has a conflict with mediums other proceeding (cyberstalking). Sheriff to notify Provides for establishment of prosecutor in stalking training of parole officers to cases where defendant supervise stalkers upon release released on bail. fiom prison Prosecutor shall give notice of bail hearing to victims Court shall issue protective order, violation of which shall result in a no-bail warrant Authoiizes court to issue ex parte protection order against stalking when requested by member of community college police department Consolidates all civil Amends telephone harassment law restraining orders to include harassment by computer issued by courts into one order Increases felony Increases penalties for menacing penalties for stalking for display of or representation that and repeat stalking article is a deadly weapon Appendix1 2 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Zourt may issue :riminal nestraining Irder after :onviction for stalking DE Adds new felony crime of privacy violation by secret filming of another for purposes of viewing the body or undergarments of another FL that applies to aggravated stalking offenses GA Amends Amends stalking law to include definition of acts undertaken by electronic assessed of victim of stalking for stalking by communication$ and causing a issuance of order of protection or using term third party to harass or intimidate filing of protective orders “safety” for the victim where order of “fear of death or protection issued bodily harm,” and adds requirement for a pattern of harassing or intimidating behavior Appendix1 3 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Sentencing court may order I( evaluation of offender, issue order of protection, and to require treatment as a condition of non-jail sentence Knowing violation of temporary restraining order against harassment is a crime Creates new misdemeanor offense of trespass of privacy Amends harassment b Stalking law to includes threats Amends law making it a crime to telephone and against a family member; take unauthorized picture of another electronic harassment incarceration is 'not a bar to person laws to protect person prosecution for stalking and that under the age of 18 stalking threats may be implicit in part or whole 1 Creates new Grime of cyberstalking Adds stalking to list of violent crimes under Victim Compensation law; adds provision authorizing payments for temporary lodging or relocation necessary as result of crime Appendix1 4 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. IN Amends law making unauthorized picture taking of a person. Authorizes filling of foreign orders of protection and prohibits collection of court fees for registration of foreign stalking orders of protection or motions to enforce such an order Amends definition of stalking to include violation of pretrial order of protection or of probation or of foreign order of protection Creates new requirement for -reporting of threat or intimidation of school employee Amends threat statute to make it a Class D felony to use school or government computers or fax machines to issue a threat IA Requires local Restricts availability of Amends telephone harassment agencies to bond for persons laws to include all forms of collect appealing a felony electronic communications information stalking conviction about stalking incidence and report to state Rewrites the offense of stalking in violation of a court order Appendix 1 a 5 -- -- This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. IA Magistrate may con t. issue a no- :ontact order at stalking or harassment arraignments; reissued for five years at conviction. Mandatory arrest where offender violates order. Minimum seven day sentence unsuspended penalty.

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