PHOENIX — Concluding existing laws are outdated, a Senate panel voted Thursday to include many more activities in the definition of "stalking'' — things that can land people in prison.
Deputy Maricopa County Attorney Will Munsil said there has been an increase in stalking. What makes that a concern, he told members of the Senate Judiciary Committee, is these can be precursors to violence, particularly domestic violence.
The problem, Munsil said, is that existing laws do not cover a lot of what is occurring now.
Part of the change in HB 2419 expands who is covered.
Existing law defines stalking as doing things that would cause a reasonable person to fear for his or her own safety or that of an immediate family member. Munsil said the new law extends that out as far as grandparents, nieces and nephews.
But it also covers threats to a family pet and livestock. And it also covers "significant others,'' whether the person being stalked is living with that person currently or not.
Potentially the biggest change is extending the law to threats made by electronic communication, whether words or images.
"More and more of these threats are being made over the Internet, as you know,'' Munsil testified.
This would be on top of existing provisions in the law that already make it a crime to use any sort of tracking device or GPS system to track anyone else for 12 or more hours, or on two or more occasions, no matter for how long.
Munsil assured lawmakers that the changes will not result in indiscriminate arrests.
"The statute still requires these acts take place on more than one occasion and that they create reasonable fear of injury to the victim or any family member, pets, property, to be punishable as stalking,'' he said.
But the legislation does, in fact, ease the legal burden on prosecutors: Aside from showing "reasonable fear'' on the part of the victim, they also could bring charges based on "emotional distress.''
The measure defines that as "significant metal suffering or distress'' that may — but does not require — medical or professional treatment or counseling.
Thursday's unanimous vote sends the measure, which already was approved by the House, to the full Senate.
