Bill > S4838

Introduced Session

This bill provides that a person who has committed stalking may also be guilty of criminal homicide against the victim under certain circumstances. Additionally, the bill provides that if a defendant convicted of any offense also committed stalking against the victim, the stalking would constitute an aggravating factor in sentencing. Felony Murder. The bill makes it felony murder, a crime of the first degree, if the defendant was engaged in the commission of, an attempt to commit, or flight after committing or attempting to commit stalking and in the course of that crime or of the immediate flight therefrom, any person caused the death of any other person other than one of the participants. Under current law, a person is guilty of felony murder under these circumstances if the person was engaged in the commission of, attempt to commit, or flight after committing or attempting commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, or terrorism. A defendant convicted of the first degree crime of felony murder will be sentenced to a term of 30 years, during which the defendant is not eligible for parole, or to a specific term between 30 years and life imprisonment of which the defendant must serve 30 years before being eligible for parole. Aggravated Manslaughter. Under the bill, a person is guilty of aggravated manslaughter, a crime of the first degree, if the person caused the death of another in the course of stalking that person. Under current law, a person is guilty of aggravated manslaughter under two circumstances: (1) if the person recklessly causes death under circumstances manifesting extreme indifference to human life, in which case the person may be sentenced to a term of imprisonment of 10 to 30 years; or (2) if the person causes the death of another while fleeing or attempting to elude a law enforcement officer, in which case the person is sentenced pursuant to the ordinary sentencing for a crime of the first degree: a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. Under the third circumstance added by the bill, the defendant would be subject to the ordinary sentencing for a crime of the first degree. Death by Auto. Under current law, a person is guilty of reckless vehicular homicide, known as death by auto, when a homicide is caused by driving a vehicle or vessel recklessly. The bill provides that proof that the defendant committed stalking against the victim of the criminal homicide may give rise to an inference that the defendant was driving recklessly. Aggravating Factor in Sentencing. Finally, the bill adds stalking as an aggravating factor in sentencing a person convicted of any offense. Under current law, the court is required to consider 15 different aggravating factors in determining the appropriate sentence to be imposed on a person who has been convicted of an offense. The bill would add a 16th aggravating factor, requiring the court to also consider that the offense involved the crime of stalking or that the victim of the offense was previously a victim of stalking by the defendant.

AI Summary

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Owen Henry (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 11/10/2025)

Official Document