CRIMES AND OFFENSES Crimes Against the Person: Redefining Stalking; Provide for Issuance of Enforcement of Restraining Orders, Protective Orders, and Approval of Consent Orders; Provide that Violation of a Permanent Restraining Order or a Permanent Protective Order Constitutes Aggravated Stalking; Increase Penalty for Stalking and Aggravated Stalking; Provide for Psychological Evaluation and Consideration of Entire Criminal Record of an Offender Convicted of Stalking Before Sentencing; Authorize Order for Psychological Treatment as Part of Sentence or as a Condition of Stay, Suspension of Sentence, or Probation; Provide Temporary Ex Parte Relief and Authorize Conversion of Temporary Orders to Permanent Orders; Provide for Jurisdiction, Petitions, Hearings, Procedures, Forms of Petitions and Pleadings, and Contents of Such Orders

Authors

Georgia State University Law Review

Document Type

Peach Sheet

Abstract

The Act redefines the offense of stalking to include conduct that puts a victim in fear of his or her safety, rather than just conduct that puts the victim in fear of death or bodily harm. The Act also authorizes permanent restraining orders and permanent protective orders, and adds that violation of such orders constitutes aggravated stalking. The Act increases the maximum penalty for both stalking and aggravated stalking from five to ten years. The Act requires consideration of the offender's entire criminal record before sentencing for a conviction of stalking or aggravated stalking and authorizes sentencing judges to require a psychological evaluation of the offender. In addition, the Act authorizes psychological treatment as part of the sentence or as a condition for stay or suspension of sentence or for probation. The Act provides for temporary ex parte relief and allows for the conversion of temporary orders into permanent orders.

Recommended Citation

Georgia State University Law Review, CRIMES AND OFFENSES Crimes Against the Person: Redefining Stalking; Provide for Issuance of Enforcement of Restraining Orders, Protective Orders, and Approval of Consent Orders; Provide that Violation of a Permanent Restraining Order or a Permanent Protective Order Constitutes Aggravated Stalking; Increase Penalty for Stalking and Aggravated Stalking; Provide for Psychological Evaluation and Consideration of Entire Criminal Record of an Offender Convicted of Stalking Before Sentencing; Authorize Order for Psychological Treatment as Part of Sentence or as a Condition of Stay, Suspension of Sentence, or Probation; Provide Temporary Ex Parte Relief and Authorize Conversion of Temporary Orders to Permanent Orders; Provide for Jurisdiction, Petitions, Hearings, Procedures, Forms of Petitions and Pleadings, and Contents of Such Orders, 15 Ga. St. U. L. Rev. (2012).
Available at: https://readingroom.law.gsu.edu/gsulr/vol15/iss1/24