A stalking and harassment prevention draft act might be passed on Friday next week after negotiations at the Legislative Yuan on Wednesday night.
The draft act proposed by the Executive Yuan defines stalking as behavior in which a person “repeatedly and consistently” follows someone against their will, including by their presence or in a vehicle, via electronic devices, the Internet or other means.
The reasons for the activity must be related to sex or gender-specific purposes, the draft act says.
If promulgated, the proposed law would require police to immediately launch a criminal investigation once they receive such a report and they can issue written warnings to suspects.
Targets of stalkers would be eligible to seek a restraining order if a suspect contravenes the act again within two years after receiving a written warning, it says.
Prosecutors can seek a preventive detention if they deem it necessary, it says.
People convicted under the proposed rules could be sentenced to up to one year in prison or a detention facility, or fined up to NT$100,000, the draft act says.
Lawmakers on Wednesday reached a consensus on a Ministry of Justice proposal to permit preventive detention of suspects only if they had a weapon or other dangerous items, and the judge deems that they would continue illegal activities.
Articles on which lawmakers did not reach consensus — including definitions of stalking, as well as procedures that police and targets of stalking should follow to issue warnings and seek restraining orders — are to be reviewed at plenary sessions, Legislative Speaker You Si-kun (游錫堃) said.
Chinese Nationalist Party (KMT) Legislator Lin Wei-chou (林為洲) told a news conference yesterday that the act would not protect all targets of stalking if it narrowly defines stalking as behavior based on a sexual or gender-specific agenda.
This would not prevent tragedies from happening again, Lin said.
“The KMT caucus would again propose negotiations between the ruling and opposition parties on these unresolved issues,” he said.
Taiwan People’s Party Legislator Lai Hsiang-ling (賴香伶) said that people affected by Internet stalking in cases in which a suspect did not act for a sexual or gender-specific reason would have no way to report the crime if the act excludes them.
New Power Party caucus whip Chiu Hsien-chih (邱顯智) said that an excessively narrow definition of stalking would create a barrier for people to seek legal assistance.
“When considering the best protection for victims of stalking, the government should try to be in their shoes,” Chiu said. “They would not be given instant protection if restraining orders could only be obtained after a suspect is given written warnings and if the government lacks a system to grant emergency restraining orders.”
