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HomeMy WebLinkAbout2012 02 27 Consent 202 Resolution 2012-05 Anti-Stalking LegislationCOMMISSION AGENDA ITEM 202 February 27, 2012 Regular Meeting Informational Consent X Public Hearings Regular KS City Manager Department REQUEST: Commissioner Joanne M. Krebs requests that the City Commission review and Approve Resolution 2012 -05, in support of proposed Anti - Stalking legislation. SYNOPSIS: From time to time, municipalities are asked to endorse issues related to other municipalities and in this case, Commissioner Krebs has requested the City Commission offer their support for a Resolution related to Anti - Stalking. CONSIDERATIONS: Commissioner Krebs is requesting the City Commission approve a Resolution of support for Anti - Stalking. This request for support was introduced by a City of Lake Mary Commissioner at the January 2012 Tri- County League of Cities Meeting. Additionally, Commissioner Krebs brought up this matter at the February 13, 2012 City Commission Regular Meeting during her Report. The City Commission agreed to have Commissioner Krebs bring forward a Resolution for the Winter Springs City Commission to consider and approve. Referring to a resource on Stalking, the following lays out the basic explanation of Stalking: "While legal definitions of stalking vary from one jurisdiction to another, a good working definition of stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear." Consent 207 PAGE 1 OF 2 - February 27, 2012 Attachment "A" includes some basic stalking facts, along with data related to a recent Study, as shown in Attachment "B ". Many of the data points referenced in this Agenda Item are also included in the proposed Resolution, noted as Attachment "C ". FISCAL IMPACT: Approval of Resolution Number 2012 -05 does not impose any fiscal impact on the City of Winter Springs. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Commissioner Krebs brought this issue up with the City Commission at the February 13, 2012 Regular Meeting and provided the City Commission with related information. The City Commission agreed to consider approving a Resolution supporting Anti - Stalking at this Regular Meeting. Should Resolution 2012 -05 be Approved, as noted in this Resolution, it would be forwarded to a number of our Legislators and other agencies, including the City of Lake Mary. RECOMMENDATION: Commissioner Krebs recommends the City Commission approve Resolution Number 2012- 05 in support of proposed Anti - Stalking legislation. ATTACHMENTS: Attachment "A ": "Stalking fact sheet" from the Stalking Resource Center Attachment "B ": "Largest -ever National Study on Stalking a Wake -up Call, Says National Victim Advocacy Group" Article from The National Center for Victims of Crime (and provides link to Report) Attachment "C ": Resolution 2012 -05 as proposed for Approval Consent 207 PAGE 2 OF 2 - February 27, 2012 ATTACHMENT "A" S S t a r _ 1 ke n Perg www. ncvc. orb /sre Tel. (202) 267 -8700 E -mail: src(a_)ncvc.org Crime victims can call. - 1- 800 - FYI -CALL M -F 8 : 30 AM- 8 :30 PM While legal definitions of stalking vary from one jurisdiction to another, a good working definition of stalking is a course of conduct directed at a specific person that would cause a reasonable person to, feel fear. • 3.4 million people over the age of 18 are stalked each year in the United States. 3 in 4 stalking victims are stalked by someone they know. 30% of stalking victims are stalked by a current or former intimate partner. 10% of stalking victims are stalked by a stranger. Persons aged 18 -24 years experience the highest rate of stalking. 1 I % of stalking victims have been stalked for 5 years or more. 46% of stalking victims experience at least one unwanted contact per week. 1 in 4 victims report being stalked through the use of some form of technology (such as e -mail or instant messaging). 10% of victims report being monitored with global positioning systems (GPS), and 8% report being monitored through video or digital cameras, or listening devices. [Katrina Baum et al., "Stalking Victimization in the United States," (Washington, DC:BJS, 2009).] 46% of stalking victims fear not knowing what will happen next. [Baum et al., (2009). "Stalking Victimization in the United States." BJS.] 29% of stalking victims fear the stalking will never stop. [Baum et al.] 1 in 8 employed stalking victims lose time from work as a result of their victimization and more than half lose 5 days of work or more. [Baum et al.] 1 in 7 stalking victims move as a result of their victimization. [Baum et al.] The prevalence of anxiety, insomnia, social dysfunction, and severe depression is much higher among stalking victims than the general population, especially if the stalking involves being followed or having one's property destroyed. [Eric Blauuw et al., "The Toll of Stalking," Journal of Interpersonal Violence_. 17, no. 1 (2002):50 -63.] i ► • 2/3 of stalkers pursue their victims at least once per week. many daily, using more than one method. 78% of stalkers use more than one means of approach. Weapons are used to harm or threaten victims in 1 out of 5 cases. Almost 1/3 of stalkers have stalked before. Intimate partner stalkers frequently approach their targets, and their behaviors escalate quickly. [Kris Mohandie et al., "The RECON Typology of Stalking: Reliability and Validity Based upon a Large Sample of North American Stalkers," Journal of'Forensic Sciences, 51, no. 1 (2006).] 76% of intimate partner femicide victims have been stalked by their intimate partner. 67% had been physically abused by their intimate partner. 89% of femicide victims who had been physically assaulted had also been stalked in the 12 months before their murder. 79% of abused femicide victims reported being stalked during the same period that they were abused. 54% of femicide victims reported stalking to police before they were killed by their stalkers. [Judith McFarlane et al., "Stalking and Intimate Partner Femicide," Homicide Studies 3, no. 4 (1999).] Stalking is a crime under the laws of 50 states, the District of Columbia, the U.S. Territories, and the Federal government. Less than 1/3 of states classify stalking as a felony upon first offense. More than 1/2 of states classify stalking as a felony upon second or subsequent offense or when the crime involves aggrevatutg factors. Aggravating factors may include: possession of a deadly weapon, violation of a court order or condition of probation /parole, victim tinder 16 years, or same victim as prior occasions. For a compilation of'state, tribal, and federal laws visit www. ncvc. org/src. Last updated June 2009 Contact us at 202 - 467 -8700 or sre(a ncvc. org. This document may be reproduced only in its entirety. Any alterations must be approved by the Stalking Resource Center. This document was developed under grant number 2008- TA- AX -KO17 from the Office on Violence Against Women (OVW) of the U.S. Department of Justice. The opinions and views expressed in this document are those of the author(s) and do not necessarily represent the official position of the Office on Violence Against Women of the U.S. Department of Justice. For more infonnation on the U.S. Department of Justice Office on Violence Against Women visit http: / /www.ovw,usdoj.gov. The National Center for Victims of Crime - Press Center/News Releases Conferences /Trainings Resource Centers Page 1 of 2 ATTACHMENT "B" Victim Assistance Provider Support Civil Litigation Public Policy Resource Library Press Center You are here: Home > Press Center > News Releases Help for Crime Victims Dating Violence Resource Center DNA Resource Center Conferences and Trainings Parallel Justice Resilience Project Stalking Resource Center Victim Law Youth Initiative Partner with us „ Printable Version News Releases Items 22 - 22 of 100 Largest -ever National Study on Stalking a Wake -up Call, Says National Victim Advocacy Group Washington, DC — A major national study on stalking, released today by the U.S. Department of Justice, Bureau of Justice Statistics (BJS), serves as a wake -up call about a serious and often misunderstood crime, says the National Center for Victims of Crime, the nation's leading resource and advocacy organization for crime victims and founder of the Stalking Resource Center. Stalking Victimization in the United States, the largest collection of data on stalking prevalence and behavior to date, found that 3.4 million persons identified themselves as victims of stalking in a 12 -month period. This figure, which represents an increase of 2 million victims per year over the findings of a key 1998 study,j� suggests the urgent need for a more comprehensive response to the crime. "This groundbreaking report shows the vast scope of stalking and the devastating impact of the crime," said Mary Lou Leary, executive director of the National Center for Victims of Crime. "It also sheds light on some previously unexplored aspects of stalking, such as the use of technology to stalk." More than one in four victims reported that stalkers had used technology, such as e-mail or instant messaging, to follow and harass them, and one in 13 said stalkers had used electronic devices to intrude on their lives. One in seven victims reported having moved to protect themselves. About 130,000 victims reported having been fired or asked to leave their job because of the stalking, and about 1 in 8 lost time from work because they feared for their safety or were taking step (such as seeking a protection order) to protect themselves. The Stalking Resource Center (SRC) has been working since 2000 to solve the kinds of problems raised by this report. The SRC's mission is to raise national awareness about stalking and to foster multidisciplinary responses to the crime in local communities throughout the nation. "This extensive survey confirms what we have always known about stalking," said SRC Director Michelle Garcia. "That an alarming number of Americans are being victimized and we must do more to keep victims safe and hold offenders accountable." To tackle these problems, the National Center recommends a three - pronged approach: improved and greater responses to victims, stronger legislation, and greater public awareness about the crime:" Improved and greater responses to victims: Law enforcement, prosecutors, community corrections officers, victim service providers and other community stakeholders can work to create stronger, multidisciplinary, community responses to victims that reflect the particular difficulties with policing and prosecuting stalking cases and keeping victims safe. Coordinated community responses should be developed to share information, to document stalking incidents, assess risk, build cases, and prevent harm to victims. Communities can expand victim services (e.g., crisis intervention, safety planning, counseling, legal advocacy) to help victims stay safe and cope with stalking- related trauma. Professionals in all these fields can benefit from training on the ever - changing nature of stalking, new research, and new laws to http: / /www.ncvc.org /ncvc /main.aspx ?dbName= NewsReleases 2/17/2012 HOME J MEMBERS ONLY 1 ABOUT THE NATIONAL CENTER I SUPPORTOURWORKI STORE: I CONTACT US The National Center for Victims of Crime - Press Center/News Releases Page 2 of 2 combat the crime. Stronger legislation: Stalkers often devastate victims' lives and "get away" with their crimes because arrest or prosecution is unlikely. Rapidly evolving technology used by stalkers often outpaces state laws, and many state laws fail to address the many forms of stalking. The standard of proof required by many state statutes is so high that securing convictions is almost impossible. The National Center recommends that states classify stalking as a felony, conveying that stalking is dangerous and holding offenders accountable for their crimes. Currently, fewer than one -third of states classify a first stalking offense as a felony.[ .1 • Greater public awareness: Although outreach and training by the Stalking Resource Center has reached millions of Americans with information and resources, much work remains. Even victims may not recognize that stalking is a crime and that resources are in place to help them. The more the public knows about stalking, the better the chances to stop stalking and hold offenders accountable. "Stalking Victimization in the United States, a major advance in the battle against stalking, is a wake -up call and a summons to action," said Mary Lou Leary. "By applying the lessons of this landmark study, states and localities can better protect victims, deter stalkers, and improve the safety of our communities." The full report is available at www.ojp.usdoi.gov/ / mss /abstract /svus.htm. For more information about stalking, visit www.ncvc.org/src and www.stalkingawarenessmonth.org or call (202) 467 -8700. The National Center for Victims of Crime is dedicated to forging a national commitment to help victims of crime rebuild their lives. The National Center's toll free Helpline, I- 800-FYI-CALL, offers supportive counseling, practical information about crime and victimization, and referrals to local community resources, as well as skilled advocacy in the criminal justice and social service systems. Contact: MARY RAPPAPORT (202) 467 -8714 mrappaport@ncvc.org LIZ JOYCE (202) 467 -8729 ejoyce @ncvc.org f 11 P. Tjaden and N. Thoennes, Stalking in America (Washington, DC: National Institute of Justice, 1998). 121 National Center for Victims of Crime, Model Stalking Code Revisited: Responding to the New Realities of Stalking (Washington, DC: National Center for Victims of Crime: 2007), 54. r 0 Items 22 - 22 of 100 20110 National Center for Victims of Crime. 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Login >> http: / /www.ncvc.org/ ncvc /main.aspx ?dbName= NewsReleases 2/17/2012 ATTACHMENT "C" RESOLUTION NUMBER 2012 -05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA SUPPORTING ANTI - STALKING LEGISLATION INCLUDING SENATE BILL 950 AND HOUSE BILL 1099; ENCOURAGING SEMINOLE COUNTY LEGISLATIVE DELEGATION TO SUPPORT SENATE BILL 950 AND HOUSE BILL 1099 AND OTHER ANTI - STALKING LEGISLATION; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 'WHEREAS, under the laws of all fifty states, the District of Columbia, and the Federal Government, stalking is a crime; and WHEREAS, 3.4 million people over the age of 18 are stalked each year in the United States, and nearly 75% of victims are stalked by someone they know; and 'WHEREAS, three out of four women killed by an intimate partner had been stalked by that intimate partner; and 'WHEREAS, many stalking victims lose time from work and experience serious psychological distress and lost productivity at a much higher rate than the general population; and WHEREAS, many stalking victims are forced to protect themselves by relocating, changing their identities, changing jobs, and obtaining protection orders; and 'WHEREAS, malty stalkers use increasingly sophisticated devices - such as global positioning systems, cameras, and computer spyware —to track their victims; and 'WHEREAS, there is a need for great public awareness about the nature, criminality, and potential lethality of stalking; and 'WHEREAS, criminal justice systems can enhance their responses to stalking by regular training of Law Enforcement Officers and aggressive investigation and prosecution of the crime; and 'WHEREAS, laws and public policies must be continually adapted to keep pace with new tactics used by stalkers; and 'WHEREAS, communities can better combat stalking by adopting multidisciplinary responses by teams of local agencies and organizations and by providing more and better victim services; and A NOW THEREFORE, $E IT &SOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA THAT: Section I. The City Commission of the City of Winter Springs hereby supports anti - stalking legislation including Senate Bill 950 and House Bill 1099. Section II. The City Commission of the City of Winter Springs also requests the Seminole County Legislative Delegation support Senate Bill 950 and House Bill 1099 and other anti - stalking legislation. Section III. The City Clerk shall provide copies of this Resolution to the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Governor of the State of Florida, as well as each member of the Seminole County Legislative Delegation. Section IV. The City of Winter Springs' City Clerk shall forward a copy of this Resolution to Seminole County, and to each member of the Seminole County Board of County Commissioners, for his or her respective consideration. Section V. The City of Winter Springs' City Clerk shall forward a copy of this Resolution to the Tri- County League of Cities and the City of Lake Mary. Section VI. That this Resolution shall become effective upon passage and adoption. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the day of February 2012. J a- arrbia� J`_/aar Xerevont( ;el &J /aia'l aved cacr6Pa/l /i6 6P�,�,l to 6e a�`i.�a! CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney City ofWinter Springs, Florida Resolution 2012 -Q5 P"J,e2of2 RESOLUTION NUMBER 2012 -05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA SUPPORTING ANTI - STALKING LEGISLATION INCLUDING SENATE BILL 950 AND HOUSE BILL 1099; ENCOURAGING SEMINOLE COUNTY LEGISLATIVE DELEGATION TO SUPPORT SENATE BILL 950 AND HOUSE BILL 1099 AND OTHER ANTI - STALKING LEGISLATION; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, under the laws of all fifty states, the District of Columbia, and the Federal Government, stalking is a crime; and WHEREAS, 3.4 million people over the age of 18 are stalked each year in the United States, WHEREAS, nearly 75% of victims are stalked by someone they know; and 1'l1�(HEREAS, three out of four women killed by an intimate partner had been stalked by that intimate partner; and WHEREAS, many stalking victims lose time from work and experience serious psychological distress and lost productivity at a much higher rate than the general population; and WHEREAS, HEREAS, many stalking victims are forced to protect themselves by relocating, changing their identities, changing jobs, and obtaining protection orders; and WHEREAS, many stalkers use increasingly sophisticated devices - such as global positioning systems, cameras, and computer spyware —to track their victims; and WHEREAS, HEREAS, there is a need for great public awareness about the nature, criminality, and potential lethality of stalking; and WHEREAS, criminal justice systems can enhance their responses to stalking by regular training of Law Enforcement Officers and aggressive investigation and prosecution of the crime; and WHEREAS, HEREAS, laws and public policies must be continually adapted to keep pace with new tactics used by stalkers; and WHEREAS, communities can better combat stalking by adopting multidisciplinary responses by teams of local agencies and organizations and by providing more and better victim services; and • '0' ,'..tj •i iii .' NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA THAT: Section I. The City Commission of the City of Winter Springs hereby supports anti - stalking legislation including Senate Bill 950 and House Bill 1099. Section II. The City Commission of the City of Winter Springs also requests the Seminole County Legislative Delegation support Senate Bill 950 and House Bill 1099 and other anti - stalking legislation. Section III. The City Clerk shall provide copies of this Resolution to the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Governor of the State of Florida, as well as each member of the Seminole County Legislative Delegation. Section IV. The City of Winter Springs' City Clerk shall forward a copy of this Resolution to Seminole County, and to each member of the Seminole County Board of County Commissioners, for his or her respective consideration. Section V. The City of Winter Springs' City Clerk shall forward a copy of this Resolution to the Tri- County League of Cities and the City of Lake Mary. Section VI. That this Resolution shall become effective upon passage and adoption. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 27 day of February 2012. ci' /ereeX f /wife A'/d# 1e/ au/ /ta u7rc/ Ia[fi(Y/ //4.; a/C( Cite . - "//d1 C RLES'. ' ayor ATTE I : ' �' A i O- LUACES, City Clerk Approved as to legal form and sufficiency for the Ci er Springs, Florida only: ANTHONY A. GARGANESE, City Attoriey of v, inter Springs, 1'lorida Rese(ution 2012 -0s Page 2 o12