Sen. Kim Jackson Introduces Senate Bill 197

ATLANTA (March 2, 2021) | Sen. Kim Jackson (D – Stone Mountain) introduced Senate Bill 197 to update Georgia’s stalking statue to ensure that victims of stalking who live with their stalker can receive protection. On Tuesday, March 2, SB 197 passed unanimously out of the Senate Committee on Judiciary.

“Currently, O.C.G.A. § 16-5-90 fails to recognize that stalking usually occurs between former or current partners, and thanks to advances in technology, stalking frequently happens in the home,” said Sen. Jackson. “Studies have shown that 76% of women who are ultimately killed by their former intimate partners report they experienced stalking in the year prior to their death; yet, under current Georgia law, victims of stalking which takes place in the home of the defendant have no means of protection, either civilly and criminally. By updating the stalking statute so that stalking includes the place of residence of the defendant, we will bring Georgia in line with the national standard and protect those at risk.” 

In Georgia, roughly 312,000 women and men experience stalking each year, which is enough people to fill State Farm Arena 15 times. Currently, Georgia has high threshold to prove stalking, which includes proving five basic elements:

  • Pattern of activity
  • Intimidating and harassing in nature
  • Without the victim’s consent
  • Places the victim in reasonable fear
  • In a place other than the stalker’s home

SB 197 aims to update the fifth element, updating the terms place or places so that stalking can legally take place in any public or private property occupied by the victim, including the residence of the defendant. 

“This change to our stalking laws will give greater protections to victims of stalking,” said supporter of the bill Fulton County Superior Court Judge Paige Whitaker. “With this update (change), stalkers who engage in stalking behavior in a home they share with their victim will no longer be outside the reach of our criminal laws.”

The bill has bipartisan support with Republican sponsors Sen. Brian Strickland (R – McDonough), Sen. Kay Kirkpatrick (R – Marietta), and Democrats Sen. Nikki Merritt (D – Grayson), Sen. Jen Jordan (D – Atlanta) and Sen. Harold Jones (D – Augusta).

For more information on SB 197 and to view the full text of the legislation, visit: https://www.legis.ga.gov/legislation/59754.

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For Immediate Release:

Mar. 2, 2020

Kessarin Horvath, Communications Specialist

Kessarin.horvath@senate.ga.gov

404.656.0028