Stalking bill on hold as focus turns to budget
Proposed legislation awaits hearing from Senate committee
BY REBECCA MORTON Staff Writer
Every day is a time of waiting for one Marlboro woman. She continues to endure the harassment dealt to her by a man who has stalked her on and off for 10 years. At the same time, she waits with sinking hopes for the state Senate to hear legislation that would help protect her and others whose lives are interrupted by a stalker.

In August 2007, Greater Media Newspapers introduced readers to the woman, although the newspaper is withholding the woman's name to protect her privacy.

The most recent events came just a few weeks ago when she was on vacation. Five hours after her flight touched down in another region of the United States she began to receive random phones calls on her cell phone from four fax machines in various areas codes in New Jersey.

The legislation received unanimous approval in the state Assembly on March 13 with a 78-0 vote (two members did not vote), but the legislation will remain a bill until it is heard in the Senate. Due to the state's current budget proceedings the bill may not have its hearing until May.

Last week, a woman from Jersey City contacted GreaterMedia after reading the articles about the Marlboro woman. The Jersey City woman's name is being withheld to protect her privacy.

"The bill will help me in the sense that when [I am} in court it will be recognized under the eyes of the law as what it is, stalking, not harassment. The fact that he never told me he wants to kill me won't matter," she said.

The woman said her stalker has professed his undying love for her, a feeling she does not reciprocate. She said he is a former co-worker who had been harassing her at work. Losing his job did not deter the stalker, according to the woman.

The Jersey City resident is taking her stalker to court next month, but said she believes that all she will be granted without the new law is a restraining order.

"I'm expecting at most a no-contact order to be granted, but when you are dealing with a stalker you are dealing with a nonrational person, so the no-contact order is a false sense of security," she said.

Previously introduced in June 2007 by former Assemblyman Michael Panter, the bill that would toughen penalties for people convicted of stalking received unanimous approval in the Assembly during its lame-duck session following the November 2007 election. Due to its lack of hearing in the Senate, the bill ultimately died and had to be reintroduced.

Assemblywoman Linda Greenstein (DMercer and Middlesex), acting as a primary sponsor, quickly had A-1563 reintroduced on Jan. 8, one day after the previous legislative session ended.

With 23 supporters in addition to Greenstein, including Assemblyman Eric Munoz (R-Essex, Morris, Somerset, Union) and Assemblyman Joseph Cryan (D-Union) as primary sponsors, the bill was placed in committee but was soon released. The Assembly Law and Public Safety Committee unanimously voted in favor of the bill on Feb. 25.

The Senate's identical legislation (S-1106) is currently awaiting a hearing in the Senate's Judiciary Committee after being introduced on Feb. 14. Primary sponsors for the Senate bill are Sen. Barbara Buono (D- Middlesex) and Sen. Jennifer Beck (R-Monmouth and Mercer).

In order for S-1106 to have its committee hearing, committee chair Sen. John Adler (D-Camden) would have to place it on the agenda, according to Jason Butkowski, a spokesman for the Senate Democratic Office. The sponsors of the bill may ask Adler to place it on the agenda.

Jim Manion, a spokesman for Senate Democrats, said the next Judiciary Committee meeting would be in May, as no more hearings would be heard until after the budget break. Manion said there is a possibility of the legislation being posted for a hearing once the panel reconvenes.

The Senate last met on March 17 and now begins a period where the focus will be "all budget, all the time," according to Butkowski.

At present, stalking is a fourth-degree crime, which carries a maximum penalty of 18 months in prison. A person would be found guilty of stalking if he or she purposely or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury or death to himself or a member of his immediate family.

Under the proposed legislation, an individual could be found guilty of stalking if he or she made repetitive contact to a third party about the victim, for example, if the stalker contacted the victim's employer. The crime would also be upgraded to a third-degree crime, which carries penalties of imprisonment up to five years, a fine of up to $15,000, or both.

Under the new legislation the victim would have to feel emotional distress, which is defined as "significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling."

"There's really nothing in the amendments that should bring opposition," said Manalapan Police Chief Stuart Brown, dubbing them "common sense".

Though understanding of the state's pressing budget concerns, the Marlboro woman said the proposed legislation is important to stalking victims who are seeking justice.

Expressing her frustration, the Marlboro woman said that if the bill is not passed in March and signed into law in April, she will make plans to move out of New Jersey as soon as her son is done with school. The woman worries that by the time the budget is finished, the Legislature will be ready for its summer recess, leaving the bill hanging until November.

Though understanding of the state's pressing budget concerns, the Marlboro woman said the proposed legislation is important to stalking victims who are seeking justice.

Expressing her frustration, the Marlboro woman said that if the bill is not passed in March and signed into law in April, she will make plans to move out of New Jersey as soon as her son is done with school. The woman worries that by the time the budget is finished, the Legislature will be ready for its summer recess, leaving the bill hanging until November.

"I will move back to New York City where the government is run by a mayor who immediately upon taking office set up a Violence Against Women Office to address crimes against women, including stalking," she said.