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Stalking bill still on agenda

By RHONDA ROSS
Traveler Staff Writer

Rep. Kasha Kelley introduced a stalking law proposal on Feb. 7 and it was sent to the House Judiciary Committee the next day. It remains on the House Calendar, already in bill form, and will be scheduled for hearing early in the 2008 session.

"It's going through where it needs to go through," Kelley said, and added that her concern is that the bill "stands up to the court's muster" constitutionally.

In a memo from Mike O'Neal, the chairman of the judiciary committee, concerning Kelley's stalking law proposal, he wrote that Kelley was the only legislator in the House or Senate to "respond to the tragedy and heartache caused by stalkers by introducing legislation this past session."

He further states in the memo that "no similar legislation was filed in the Senate. This is somewhat surprising as there is nothing to prevent the same or similar legislation from being filed in the Senate."

In an e-mail, Sen. Goodwin, ranking member of the Senate Judiciary Committee, wrote, "We don't double introduce the same bill in both the upper and lower chambers."

Goodwin said Kelley would have to "work for passage of the bill in the House before it would come to the Senate," where she would work for its passage.

She said she was approached by the Sanderholm family in regard to the stalking bill at the preliminary hearing for Justin Thurber, who is accused of kidnapping and murdering Jodi Sanderholm, and she agreed to inquire into the matter.

She said that no one had contacted her "for introduction of a bill, nor was a bill in my judiciary committee."

In order to have a national uniform stalking law passed, Goodwin's suggestion is to work with the National Conference of Commissioners on Uniform State Laws (NCCUSL). She said she has worked with them as a member of the Kansas Probate Law Committee.

After Sanderholm's murder, Kelley was approached by the Arkansas City Police Department and Jodi's father, Brian, about reviewing the stalking laws.

What she learned was that there were "ambiguities" in the law which hampered the police in their ability to do their job.

One problem Kelley found was the definition of what is a "credible threat." Local law enforcement said this question made it more difficult for them to intervene in a case.

The new law would clarify the definition and define what a "pattern of behavior" is that is needed to charge somebody for the crime.

Currently, stalking is intentionally following or harassing another person repeatedly, making a credible threat that causes a person to fear for their safety.

The new law would define stalking as conduct directed at a person when it is known, or should be known, that the course of conduct would cause a reasonable person to fear for their safety.

The bill also defines "course of conduct" as two times or more times, whether directly or indirectly, or even through a third person.

"The bill allowed for better definitions, earlier intervention and it better defines the offense," Kelley said in February.

O'Neal, chairman of the house judiciary committee, praised Kelley in the memo, saying she wasn't trying to "politicize" the issue by looking for a "quick fix and a headline."

Kelley said she understands that people feel frustrated by the judicial process, but she wants to be careful to insure that everything's done correctly. "We don't want to short-cut any corners," she said.