Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

HB 12-1114 Stalking Mandatory Arrest Protection Order Rep. Hamner & Sen. Schwartz Staff Name: Kate Hennessy What the Bill Does: Stalking involves intensity, persistence, and possessiveness, and it entails great unpredictability and creates great stress and fear for the victim. The Colorado General Assembly found that stalking is a serious problem in this state and nationwide. In recognition of the seriousness of the posed by stalking, the General Assembly adopted a specific statute that makes stalking a separate and more serious crime than mere harassment. While harassment is a misdemeanor, a first conviction for stalking is a Class 5 felony, and a subsequent conviction is a Class 4 felony. Under the law, there are three forms of stalking: 1) the combination of credible threat and acts such as following or contacting, 2) a credible threat combined with some type of repeated communications, and 3) no credible threat, but repeated acts such as following or communications resulting in serious emotional distress. 1 Under HB 12-1114, a defendant who accused of stalking would have to comply with the same requirements as a defendant accused of domestic violence. Namely, when a defendant is released on bail for stalking, the court must acknowledge the terms of the protection order on the record and then the defendant must acknowledge the protection order. In addition, as is also true in domestic violence cases, HB 12-1114, requires the prosecuting attorney in stalking cases to notify the alleged victim of the protection order if he or she is not present when the protection order is issued. Finally, under this legislation, the prosecuting attorney can request a hearing to modify the terms of the protection order. Colorado Context: A national survey that included Colorado, found that 1 in 12 women and 1 in 45 men will be stalked in their lifetime. However, reports indicate that 86% of the women who received a protection order stated that the abuse either stopped or was greatly reduced. A six-month longitudinal study found that only half of the women actually received the order. National Context:

1 C.R.S. 18-3-601; 18-3-602.

DRAFT 3/6/2012 10:02 AM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

Stalking is a crime under the laws of all 50 states, the District of Columbia, the U.S. Territories, and the Federal government.2 Like Colorado, several state laws define stalking to include threats made to or toward the victim's immediate family. The following are some examples of protection orders and bail requirements in various states: 3 - Iowa: upon a third offense of stalking (with two previous convictions), there exists a presumption of ineligibility for bail. The burden to prove that the offender will not "jeopardize the personal safety of other persons" then shifts to the defense and not to the state. - Illinois allows the denial of bail if the defendant "poses a real and present threat to the physical safety of the alleged victim of the offense." - Michigan, Hawaii and Illinois each allow the court to require counseling of the offender. Bill Provisions: - Requires that when a defendant is released on bail for stalking, the court must acknowledge the terms of the protection order on the record and then the defendant must acknowledge the protection order. - Requires that the prosecuting attorney in stalking cases notify the alleged victim when the protection order is issued if he or she is not present when it is issued. - Allows for the prosecuting attorney in stalking cases to request a hearing to modify the terms of the protection order. Fiscal Impact: The Colorado Legislative Council estimates there will be a minimal fiscal impact because it will increase workload for the Judicial Department by a minimal amount and increase expenditure for local government. 4

2 The National Center for Victims of Crime: Stalking Resource Center, available at http://www.ncvc.org/src/main.aspx?dbID=DB_statistics195. 3 The National Center for Victims of Crime: Stalking Resource Center, available at http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32514. 4 Kerry White, Fiscal Note: HB 12-1114 (Feb. 6, 2012), available at http://www.leg.state.co.us/CLICS/CLICS2012A/csl.nsf/BillFoldersHouse?openFrameset.

DRAFT 3/6/2012 10:02 AM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.