Tougher stalking law considered

? Diane wakes up each morning nagged by fear that she may encounter the man who has been an unwanted part of her life for nearly 15 years.

“I don’t see it ending now, but I can’t let it drive me crazy. I’ve got to hold on to my sanity,” says Diane, a Kansan who shared her story on condition that her last name not be used.

Diane is the target of a stalker  a former boss who, starting in 1987, went from praising her work to sending letters and poems, calling her and sitting in his car outside her house.

She changed jobs, had caller ID and call-blocking installed on her phone and took other steps, but the intermittent contacts continue, most recently around Christmas.

The law has offered limited help.

Police have suggested that she seek a restraining order, the usual remedy for people stalked by strangers or casual acquaintances. Getting a restraining order normally requires a court hearing.

Kansas law has another shield against stalkers  a “protection from abuse” order, which a judge can issue quickly without a hearing. But again, there’s a catch: The two parties must have lived together or had a child together.

Now, a state Senate committee is weighing a bill that would let judges give immediate legal protection  prior to a hearing  to people intentionally harassed by individuals with whom they have not had intimate ties.

The measure would create a new “protection from stalking” order, already on the books in 30 states.

“It’s designed to help those stalked by strangers. It would fill huge gap in the law with this provision,” said Sen. David Adkins, R-Leawood, one of the sponsors.

The bill requires only that a person show “good cause” that stalking occurred to get the temporary order, which could impose various restrictions. A hearing would have to be held within 20 days.

“Under this, you don’t necessarily have to prove the charges to get a court order. You don’t have to have an offender arrested or convicted to obtain court protection,” Adkins said.

Not everybody thinks the bill is a good idea.

“How far do you extend these things? This is part of a politically correct agenda. If you want to punish somebody for stalking, then do it,” said Sen. Ed Pugh, R-Wamego, a Judiciary Committee member.

The Senate Judiciary Committee heard testimony about the bill Friday and did not take immediate action.

Overland Park attorney Ron Nelson, representing the Kansas Bar Assn., told the committee the bill’s language was too vague and suggested it be redrafted. He said the association is willing to work with the committee on new language.

“While it’s laudable in its attempt to address the problem, the language used is sorely lacking,” Nelson said. “It goes way too far. It seeks to use a tank on a fly.”

Stalking is defined in state law as an intentional, malicious and repeated following or harassment of another and making a credible threat with the intent of placing a person in reasonable fear of his or her safety.

He said it’s often easier to prove a person violated the protection order than the anti-stalking law.

The KBI says there were 150 stalking cases reported to police statewide last year.