HB 238 Summary

• Amends Alabama Code Sections 13A-6-90 and 13A-6-91 to designate existing stalking offenses as "stalking in the first degree" (Class C felony) and "aggravated stalking in the first degree" (Class B felony), with aggravated stalking occurring when the perpetrator violates a court order or injunction.

• Creates two new crimes: stalking in the second degree (Class B misdemeanor) for intentional repeated following, harassment, telephoning, or electronic communication that causes material harm to mental/emotional health or threatens employment/business, after perpetrator was previously informed to cease; and aggravated stalking in the second degree (Class C felony) when second-degree stalking violates a court order or injunction.

• Second-degree stalking also includes conduct directed at a victim's immediate family members or acquaintances in addition to the victim.

• Bill becomes effective on the first day of the third month following passage and gubernatorial approval.

• Known as "Tracy's Law" and is exempted from Amendment 621 local funding requirements because it defines new crimes.