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F I S C A L I M P A C T R E P O R T

SPONSOR Picraux

DATE TYPED 02/14/05 HB 439

SHORT TITLE Cyperstalking as Harassment & Stalking

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 99

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

Attorney General (AGO)

Corrections Department

Public Defender Department (PDD)

SUMMARY

Synopsis of Bill

House Bill 439 amends the Harassment and Stalking Act to specifically include cyberstalking

and to change the required intent necessary for an offender to be convicted of stalking.

Specifically, House Bill 439 changes the language regarding intent from “the alleged stalker

must intend to place another person in reasonable apprehension of death, bodily harm, sexual

assault, confinement or restraint or the alleged stalker must intent to case a reasonable person to

hear for his safety or the safety of a household member.” To “the alleged stalker must intention-

ally act in a way that would place a reasonable person in reasonable apprehension…” This

change reduces the intent that must be shown and may result in more convictions under the stat-

ute. For example, the AGO notes that a defendant could show that he/she truly did not know that

his/her actions were causing the victim to fear death, bodily harm or sexual assault may avoid

House Bill 439 -- Page 2

conviction under the current statute.

The bill expands the definitions of harassment and stalking to include electronic means and ex-

pands the jurisdiction by providing that the offense of harassment or stalking by using an elec-

tronic communication device is deemed committed either at the place where the communication

originated or where it was received.

FISCAL IMPLICATIONS

The creation of any new criminal offense has the potential to result in increased costs to the

courts, the AODA, the PDD, and the Corrections Department. However, the fiscal impact of

House 439 is likely to be minor.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

This bill is a duplicate of Senate Bill 99.

EF/sb