The bill would amend the Penal Code as it relates the offenses of harassment and stalking. The bill removes the specific types of communication forbidden and the specific manner in which someone may be threatened from the definition of the offense.  The bill also broadens the definition of stalking by adding repeated certain conduct that constitutes harassment as possible elements of this offense.

The offense of harassment is punishable by a Class B or A misdemeanor, depending on the circumstances.  The offense of stalking is punishable as a third degree felony or a second degree felony, depending upon the circumstances. 

A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000.  A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A third degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.  A second degree felony is punishable by confinement in prison for a term of two to twenty years and, in addition to confinement, an optional fine not to exceed $10,000.

The bill's provisions broaden the definition for the offenses of harassment and stalking.  This change is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities.

However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. In fiscal year 2012, there were 1,806 arrests and 545 community supervision placements for the offense of harassment.  In fiscal year 2012, there were 321 arrests, 106 community supervision placements, and 43 admissions to prison for the offense of stalking.