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.
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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
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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