Session 2008-2009
Bill A1563:
1/8/2008 Introduced And Referred To Assembly Law and Public Safety Committee
2/25/2008 Reported 2nd Reading
3/13/2008 Passed Assembly (78-0-0)
3/17/2008 Received In Senate Referred To Senate Judiciary Committee
6/5/2008 Reported 2nd Reading
11/24/2008 Senate Floor Amendments Passed (34-1) (Buono)
12/15/2008 Substituted For S1106 (1R)
12/15/2008 Passed Senate (37-0)
1/13/2009 Received In Assembly 2nd Reading On Concurrence
2/5/2009 Passed Both Houses (78-0-0)
3/21/2009 Approved P.L.2009, c.28.
“This is a good day for women throughout the state who have been victims of stalking,” said Senator Jennifer Beck, a member of the State Senate Judiciary Committee. “As technology advances, so do the tools stalkers use to keep track of their victims. The new law is keeping in step with technology such as GPS and hidden cameras. I am proud to have sponsored it, alongside my colleague Senator Buono.”
The signing of this bill is the culmination of three years of work by the 12th District Legislators. The legislation was prompted by a situation in Marlboro when a woman who was a victim of stalking addressed her concerns to her State representatives.
“The victims of stalking often suffer long after their stalker has been apprehended, living in a state of fear, anxiety and emotional distress as a result of their being targeted,” said Senator Buono, D-Middlesex. “This new law provides for enhanced protections for those victims, while updating the provisions of the law that apply to stalking in the digital age to better reflect the realities of the crime. While we can’t give the victims back the lost sense of security stolen from them, we can make sure that they are protected from further victimization, and that stalkers face penalties that match the severity of the crime.”
The new law, S-1106, amends the State’s statutes governing stalking to read that a person is guilty of stalking if he or she purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of a third person. Previously, the law provided a person was guilty of stalking only if his or her course of conduct caused a reasonable person to fear bodily injury to, or the death of, themselves or one of their immediate family members.
The bill also provides that a person is guilty of stalking if he or she engages in a course of conduct which would cause a reasonable victim to experience emotional distress or significant mental suffering. And finally, the bill amends the definition of “course of conduct” to include any action, method or device used to monitor, harass or threaten an individual. Senator Buono noted that this amendment is needed to address technological advances in stalking, including the increased use of the Internet in victimizing and harassing the targets of stalkers.
“Under the previous stalking laws, police could not step in to protect a stalking victim or their family members until they were in eminent danger of physical harm,” said Senator Buono. “With this new law, police will now have the authority to get involved before harassment and pervasive surveillance turn to physical violence, assault or worse. Also, as the technology advances, we must evolve with the times, and this law brings our State’s stalking statutes into the 21st Century.”
Saturday, March 28, 2009
Sunday, March 22, 2009
US Department of Justice; Office on Violence Against Women; Stalking Victimization in the United States Special Report
http://www.ovw.usdoj.gov/aboutstalking.htm
Stalking Victimization in the United States Special Report
Bureau of Justice Statistics Releases Findings in Largest Study of Stalking Conducted to Date
The Department of Justice, Bureau of Justice Statistics recently released a supplemental report to the National Crime Victimization Survey focused on Stalking Victimization in the United States. This Supplemental Victimization Survey (SVS) to the National Crime Victimization Survey (NCVS) is the most comprehensive study of stalking to date and confirms that stalking is pervasive, women are at higher risk of being stalked, and there is a dangerous intersection between stalking and more violent crimes.
The SVS was specifically developed, with funding from OVW, to provide national-level data on the crime of stalking. As a result of this study, OVW is even more committed to addressing the crime of stalking by providing safety to victims and holding perpetrators accountable.
The SVS identified seven types of harassing or unwanted behaviors consistent with stalking, and individuals were classified as stalking victims if they responded that they experienced two or more of these behaviors on two or more separate occasions. In addition, the individuals must have reported fear for their safety or that of a family member as a result of the course of conduct, or they must have experienced additional threatening behaviors that would cause a reasonable person to feel fear.
Stalking Victimization in the United States Special Report
Bureau of Justice Statistics Releases Findings in Largest Study of Stalking Conducted to Date
The Department of Justice, Bureau of Justice Statistics recently released a supplemental report to the National Crime Victimization Survey focused on Stalking Victimization in the United States. This Supplemental Victimization Survey (SVS) to the National Crime Victimization Survey (NCVS) is the most comprehensive study of stalking to date and confirms that stalking is pervasive, women are at higher risk of being stalked, and there is a dangerous intersection between stalking and more violent crimes.
The SVS was specifically developed, with funding from OVW, to provide national-level data on the crime of stalking. As a result of this study, OVW is even more committed to addressing the crime of stalking by providing safety to victims and holding perpetrators accountable.
The SVS identified seven types of harassing or unwanted behaviors consistent with stalking, and individuals were classified as stalking victims if they responded that they experienced two or more of these behaviors on two or more separate occasions. In addition, the individuals must have reported fear for their safety or that of a family member as a result of the course of conduct, or they must have experienced additional threatening behaviors that would cause a reasonable person to feel fear.
Thursday, March 5, 2009
USLaw Blog Directory; Personal Injury Law: Injury Board
Stalking Victims Suffer In Silence
February 16, 2009
February 16, 2009
LEARN MORE
Karen’s Law Blog
DOJ Report on Stalking
IMAGE SOURCE: Archive, People Magazine cover of Rebecca Schaeffer, May 1989
Karen’s Law Blog
DOJ Report on Stalking
IMAGE SOURCE: Archive, People Magazine cover of Rebecca Schaeffer, May 1989
Stalking More Common Than Reported
Many victims of stalking suffer in silence. According to the first nationwide look at stalking by the Justice Department study, about one in three stalking cases are even reported to authorities. Even with underreporting there were 3.4 million people subjected to stalking, according to researchers.
Whether a celebrity, a spurned lover, or a stranger, stalking happens frequently enough that it is a crime in every state.
Researchers in the DOJ study measured stalking as, making unwanted phone calls, sending unsolicited or unwanted letters of e-mails, following or spying on a victim, showing up at a place where they had no reason to be, leaving unwanted present, waiting at places for a victim and spreading information or rumors on the internet, or in public places.
Researchers find that women are more frequently the focus of stalkers and sometimes it can last for five years of more as it did in 374,000 cases. With all of the frequency, the New York Times reports that a small number of cases ever makes it to court because the cases are difficult to put together.
First there has to be physical evidence. And frequently the victim of the stalker does not even report the incident to authorities believing it is a personal matter or will not be taken seriously. But Mary Lou Leary, of the National Center for Victims of Crime, tells the New York Times that stalking is like domestic violence was perceived more than two decades ago. “Law enforcement is often suspicious or cynical, but is now beginning to deal with stalking as a crime.”
After actress Rebecca Schaeffer was killed by a stalker in 1989, law enforcement began taking the offense seriously. While the first offense is often a misdemeanor, punishments can include a year in jail and ordered counseling.
In 34 states, stalking is a felony especially when accompanied by a threat of violence or possessing a weapon. The Times reports of a case where a man broke into the house of his victim and took a photo of her sleeping. Convicted of stalking he is now spending 13 years in prison.
Karen’s Law, proposed by the victim of credit card fraud, electronic tampering of her computer and bank accounts along with phone threats, is awaiting signature by the Governor of New Jersey.
Steve Lombardi, IB partner from Iowa, reports on cell phone stalking as the newest turn in incidents. #
Originally posted at InjuryBoard by Chrissie Cole
Full post as published by InjuryBoard on February 16, 2009 (boomark / email )
Many victims of stalking suffer in silence. According to the first nationwide look at stalking by the Justice Department study, about one in three stalking cases are even reported to authorities. Even with underreporting there were 3.4 million people subjected to stalking, according to researchers.
Whether a celebrity, a spurned lover, or a stranger, stalking happens frequently enough that it is a crime in every state.
Researchers in the DOJ study measured stalking as, making unwanted phone calls, sending unsolicited or unwanted letters of e-mails, following or spying on a victim, showing up at a place where they had no reason to be, leaving unwanted present, waiting at places for a victim and spreading information or rumors on the internet, or in public places.
Researchers find that women are more frequently the focus of stalkers and sometimes it can last for five years of more as it did in 374,000 cases. With all of the frequency, the New York Times reports that a small number of cases ever makes it to court because the cases are difficult to put together.
First there has to be physical evidence. And frequently the victim of the stalker does not even report the incident to authorities believing it is a personal matter or will not be taken seriously. But Mary Lou Leary, of the National Center for Victims of Crime, tells the New York Times that stalking is like domestic violence was perceived more than two decades ago. “Law enforcement is often suspicious or cynical, but is now beginning to deal with stalking as a crime.”
After actress Rebecca Schaeffer was killed by a stalker in 1989, law enforcement began taking the offense seriously. While the first offense is often a misdemeanor, punishments can include a year in jail and ordered counseling.
In 34 states, stalking is a felony especially when accompanied by a threat of violence or possessing a weapon. The Times reports of a case where a man broke into the house of his victim and took a photo of her sleeping. Convicted of stalking he is now spending 13 years in prison.
Karen’s Law, proposed by the victim of credit card fraud, electronic tampering of her computer and bank accounts along with phone threats, is awaiting signature by the Governor of New Jersey.
Steve Lombardi, IB partner from Iowa, reports on cell phone stalking as the newest turn in incidents. #
Originally posted at InjuryBoard by Chrissie Cole
Full post as published by InjuryBoard on February 16, 2009 (boomark / email )
Related Law Blog Posts
January Is Stalking Awareness Month "Each year, more than 1 million women and nearly 400,000 men in the United States are victims of stalking...
3.4 Million Stalker Victims in a Year: DOJ Report Shows Gravity of Stalking in the US Today the Department of Justice released a study reporting that 3.4 million Americans fell victim to stalkers in a one year span from 2005 to 2006...
Stalking-Kit Der Verein TOA-Bremen hat mit dem LKA und anderen Beteiligten eine Praxisanleitung für den Umgang mit Stalking entwickelt, das sog...
Stalking Survey Prompts Calls For Legal, Training Reforms Source: Crime and Justice News, January 14, 2009. "The Justice Department report finding 3...
3.4 Million Say They Were Stalking Victims Source: Crime and Justice News, January 13, 2009. "An estimated 3.4 million Americans identified themselves as victims of stalking during a one-year span, says the U...
Stalking: Dangerous Obsession In films and even songs, stalking can be made light of, or even perceived as a positive or complimentary thing...
Sunday, February 15, 2009
Though Many Are Stalked, Few Report It ; The New York Times February 15, 2009
By ELIZABETH OLSON
Published: February 14, 2009
Three-quarters of victims know their stalker, whether it is a current or former friend, roommate or neighbor, this study and others have found. “Often stalkers want to make their victims fearful,” said Eugene A. Rugala, a former F.B.I. profiler who advises on workplace threats. “They are thinking, ‘How dare you do this to me? I’m going to make you pay.’ But others feel it could be a way of getting back into the relationship.”
Experts say only a small number of stalking incidents reach the courts because cases are often difficult to compile. There is often no clear physical evidence linking a stalker to the victim.
In the Justice Department study, the most common reasons for respondents’ not telling the police they were being stalked was that they felt it was a personal matter or they did not think the police would think it was important.
“Stalking is treated like domestic violence was 20 or 25 years ago,” said Mary Lou Leary, executive director of the National Center for Victims of Crime and a former federal prosecutor. “Law enforcement is often suspicious or cynical, but is now beginning to deal with stalking as a crime.”
Many victims initially refuse to believe, or accept, that a former partner is singling them out for retaliation. It is a shock for others when a stranger begins to constantly annoy or follow them.
“Many people told us they were uneasy, felt creeped out or scared,” said Katrina Baum, a Bureau of Justice Statistics researcher and an author of the study. “There’s a reluctance to label the behavior because it’s too frightening. At some point the behavior can escalate to where it can’t be ignored.”
One reason victims have difficulty pulling together a case is that stalking is often confused with harassment, a less serious behavior. Dr. Park Dietz, a Southern California forensic psychiatrist, said the behavior crosses the line when it includes lying in wait, following or breaking in.
Dr. Dietz, who helps corporations address stalking and other threats, said that treating stalking as a misdemeanor “is useless because it angers offenders and makes them more dangerous,” adding, “It’s like poking a wild animal with a stick.”
Strengthened victim protection in states like Kansas now allows the police to investigate reports of reasonable fear for one’s safety rather than the stricter requirement of “a credible threat.”
The state has Jodi’s law, named after Jodi Sanderholm, a 19-year-old college student who was kidnapped, raped and strangled in January 2007. The suspect, Justin E. Thurber, was found guilty on Thursday on charges of capital murder and aggravated kidnapping.
The Somerset County district attorney, Jerry L. Spangler, said incarceration in cases like Mr. Miller’s was not enough; stalkers also “require individualized treatment,” he said. Mr. Miller’s lawyer did not return calls for comment.
“They almost never admit something is wrong with them,” said Barry Rosenfeld, a psychology professor and director of clinical training at Fordham University who has evaluated dozens of stalkers.
“Stalkers often feel bad, lonely and vulnerable,” Dr. Rosenfeld said. “Then they’ll call, even though there is a protection order saying they can’t do it. They won’t get an answer, and they’ll call again.”
Dr. Rosenfeld is testing a more intensive program to help offenders learn to better control their need “to do something to feel better in the moment.”
After a decade of suffering electronic tampering of her credit card bills, computer and bank accounts — as well as phone threats and vandalism — Karen Welch of New Jersey, a chief financial officer for a nonprofit group, pushed to overhaul the state stalking law.
“I don’t want a Karen’s law that gives more protection after it’s too late,” Ms. Welch said. “I want the law broadened so it protects victims against emotional distress or significant mental suffering, not just when a person fears for her safety.”
The bill passed and is awaiting the governor’s signature, according to its sponsor, State Senator Barbara Buono, a Democrat.
Published: February 14, 2009
Three-quarters of victims know their stalker, whether it is a current or former friend, roommate or neighbor, this study and others have found. “Often stalkers want to make their victims fearful,” said Eugene A. Rugala, a former F.B.I. profiler who advises on workplace threats. “They are thinking, ‘How dare you do this to me? I’m going to make you pay.’ But others feel it could be a way of getting back into the relationship.”
Experts say only a small number of stalking incidents reach the courts because cases are often difficult to compile. There is often no clear physical evidence linking a stalker to the victim.
In the Justice Department study, the most common reasons for respondents’ not telling the police they were being stalked was that they felt it was a personal matter or they did not think the police would think it was important.
“Stalking is treated like domestic violence was 20 or 25 years ago,” said Mary Lou Leary, executive director of the National Center for Victims of Crime and a former federal prosecutor. “Law enforcement is often suspicious or cynical, but is now beginning to deal with stalking as a crime.”
Many victims initially refuse to believe, or accept, that a former partner is singling them out for retaliation. It is a shock for others when a stranger begins to constantly annoy or follow them.
“Many people told us they were uneasy, felt creeped out or scared,” said Katrina Baum, a Bureau of Justice Statistics researcher and an author of the study. “There’s a reluctance to label the behavior because it’s too frightening. At some point the behavior can escalate to where it can’t be ignored.”
One reason victims have difficulty pulling together a case is that stalking is often confused with harassment, a less serious behavior. Dr. Park Dietz, a Southern California forensic psychiatrist, said the behavior crosses the line when it includes lying in wait, following or breaking in.
Dr. Dietz, who helps corporations address stalking and other threats, said that treating stalking as a misdemeanor “is useless because it angers offenders and makes them more dangerous,” adding, “It’s like poking a wild animal with a stick.”
Strengthened victim protection in states like Kansas now allows the police to investigate reports of reasonable fear for one’s safety rather than the stricter requirement of “a credible threat.”
The state has Jodi’s law, named after Jodi Sanderholm, a 19-year-old college student who was kidnapped, raped and strangled in January 2007. The suspect, Justin E. Thurber, was found guilty on Thursday on charges of capital murder and aggravated kidnapping.
The Somerset County district attorney, Jerry L. Spangler, said incarceration in cases like Mr. Miller’s was not enough; stalkers also “require individualized treatment,” he said. Mr. Miller’s lawyer did not return calls for comment.
“They almost never admit something is wrong with them,” said Barry Rosenfeld, a psychology professor and director of clinical training at Fordham University who has evaluated dozens of stalkers.
“Stalkers often feel bad, lonely and vulnerable,” Dr. Rosenfeld said. “Then they’ll call, even though there is a protection order saying they can’t do it. They won’t get an answer, and they’ll call again.”
Dr. Rosenfeld is testing a more intensive program to help offenders learn to better control their need “to do something to feel better in the moment.”
After a decade of suffering electronic tampering of her credit card bills, computer and bank accounts — as well as phone threats and vandalism — Karen Welch of New Jersey, a chief financial officer for a nonprofit group, pushed to overhaul the state stalking law.
“I don’t want a Karen’s law that gives more protection after it’s too late,” Ms. Welch said. “I want the law broadened so it protects victims against emotional distress or significant mental suffering, not just when a person fears for her safety.”
The bill passed and is awaiting the governor’s signature, according to its sponsor, State Senator Barbara Buono, a Democrat.
Friday, February 6, 2009
The Birth of a Law Feb 5, 2009 NJ Antistalking Legislation
Where there is no struggle, there is no strength. Oprah Winfrey
Session 2008-2009
Bill A1563:
1/8/2008 Introduced And Referred To Assembly Law and Public Safety Committee
2/25/2008 Reported 2nd Reading
3/13/2008 Passed Assembly (78-0-0)
3/17/2008 Received In Senate Referred To Senate Judiciary Committee
6/5/2008 Reported 2nd Reading
11/24/2008 Senate Floor Amendments Passed (34-1) (Buono)
12/15/2008 Substituted For S1106 (1R)
12/15/2008 Passed Senate (37-0)
1/13/2009 Received In Assembly 2nd Reading On Concurrence
2/5/2009 Passed Both Houses (78-0-0)
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A1563
Session 2008-2009
Bill A1563:
1/8/2008 Introduced And Referred To Assembly Law and Public Safety Committee
2/25/2008 Reported 2nd Reading
3/13/2008 Passed Assembly (78-0-0)
3/17/2008 Received In Senate Referred To Senate Judiciary Committee
6/5/2008 Reported 2nd Reading
11/24/2008 Senate Floor Amendments Passed (34-1) (Buono)
12/15/2008 Substituted For S1106 (1R)
12/15/2008 Passed Senate (37-0)
1/13/2009 Received In Assembly 2nd Reading On Concurrence
2/5/2009 Passed Both Houses (78-0-0)
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A1563
Monday, February 2, 2009
Counting down the days! Thank you Speaker Roberts for posting A1563 !
THURSDAY, FEBRUARY 5, 2009
*ASSEMBLY SESSION Assembly Chambers
Voting Session:
A1563 [Greenstein, Linda R./Munoz, Eric+35], Stalking
*ASSEMBLY SESSION Assembly Chambers
Voting Session:
A1563 [Greenstein, Linda R./Munoz, Eric+35], Stalking
Saturday, January 24, 2009
Stalking through the Courts....
In June of 2007 when the antistalking legislation was introduced I received a threat of legal action. Over the past 15 months I have had 4 motions/actions filed against me, most recently on my birthday in November 2008 and again on Christmas Eve 2008. The motion from a year ago was resolved in a published opinion - see the article at left. This "stalking through the courts" needs to stop. These filings are timed for maximum stress effect - they are vexatious abuse of process. More documentation on "stalking through the courts" is available at the link below http://www.leadershipcouncil.org/1/pas/dv.html#IV
Victims of these attorneys who aid their clients in stalking through the courts should file an ethical complaint against them for vexatious litigation. In NJ it is simple to file an ethical complaint. Here is the link: http://www.judiciary.state.nj.us/oae/index.htm "Lawyers who commit unethical conduct in this state are subject to discipline by the Supreme Court. Such discipline can range from an admonition, the least serious discipline, to a reprimand, censure, suspension from practice, or permanent disbarment from practice. The "Attorney Discipline" page describes the process. The attorney disciplinary process is usually begun by the filing of an Attorney Grievance form with the Secretary of one of the Supreme Court's 18 district ethics committees. To contact a district ethics committee Secretary call the tollfree Ethics/Fee Arbitration Hotline at 1-(800)-406-8594. Be prepared to provide the five digit zip code of the attorney's address. "
Subscribe to:
Posts (Atom)