State Senate Approves Stalking Bill

Triggered by the slaying of a Ventura mother by her bullying boyfriend last fall, a bill its sponsor said could have saved the terrorized woman’s life was approved Wednesday by the state Senate.

The proposed law, written by prosecutors and sponsored by Assemblywoman Hannah-Beth Jackson (D-Santa Barbara), allows authorities to jail suspected stalkers without bail if they violate a restraining order.

The measure was sparked by the December slaying of east Ventura hair stylist Vicki Shade, 37, who was stabbed to death by her estranged boyfriend, Roland Sheehan. Although earlier charged with felony stalking and 15 violations of a restraining order, Sheehan had been released on $20,000 bail before the slaying. He was killed by police after stabbing Shade.

“This could very well have saved Vicki Shade,” Jackson said. “If it had been in place, because of the number of violations, they could have pulled him in and kept him in jail until trial.”

The bill will return to the Assembly, which approved it in June, for a vote on minor Senate changes. Gov. Gray Davis is expected to sign it into law, Jackson said.

“I do think the governor is going to sign this bill since it was approved 79 to 0 by the Assembly and unanimously today,” she said. “I think this is the kind of legislation the governor supports because it’s tough on crime.”

Other provisions of the bill would stiffen current laws by expanding the categories of victims allowed to face their tormentors in court before the defendants could be released on bail.

It would add two offenses that often occur in domestic violence cases--making threats and witness intimidation--to the list of felonies that would prompt extra victim protections.

Among those protections is a mandatory bail hearing when accused stalkers request a bail below the county’s standard for domestic violence. Prosecutors also would be required to notify the stalking victim of the hearing and the victim would be allowed to testify.

The bill would also require county sheriff’s departments to notify prosecutors before accused stalkers are released on bail.

Following the wording of existing laws on domestic violence, Jackson’s bill does not absolutely require a bail hearing in every stalking case unless the amount of bail is reduced. A judge would be allowed to release the defendant without a formal hearing if the recommended bail follows county guidelines.

But as a practical matter, prosecutors almost always request a bail hearing in stalking and felony domestic violence cases, prosecutors say.

Two weeks after Shade’s murder, Ventura County judges increased the recommended bail for felony stalking from $20,000 to $100,000. Sidestepping a quarrel with the judiciary, Jackson’s bill generally leaves bail amounts in the hands of judges.

Ventura County Dist. Atty. Michael D. Bradbury’s office wrote the proposed legislation, and top prosecutors traveled to Sacramento to testify for it.

“This bill broadens the protections for stalking victims,” Chief Deputy Dist. Atty. Lela Henke-Dobroth said after one hearing. “I don’t want to say this wouldn’t have happened to Vicki Shade. But any time you have broader protections, you lessen the chance of harm for the victim.”