Rep. Barbara Wheeler
Filed: 5/14/2018
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1 | AMENDMENT TO SENATE BILL 3411
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2 | AMENDMENT NO. ______. Amend Senate Bill 3411 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Stalking No Contact Order Act is amended by | ||||||
5 | changing Sections 5, 10, and 15 as follows: | ||||||
6 | (740 ILCS 21/5)
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7 | Sec. 5. Purpose. Stalking generally refers to a course of | ||||||
8 | conduct, not a single act. Stalking behavior includes following | ||||||
9 | a person, conducting surveillance of the person, appearing at | ||||||
10 | the person's home, work or school, making unwanted phone calls, | ||||||
11 | sending unwanted emails , unwanted messages via social media, or | ||||||
12 | text messages, leaving objects for the person, vandalizing the | ||||||
13 | person's property, or injuring a pet. Stalking is a serious | ||||||
14 | crime. Victims experience fear for their safety, fear for the | ||||||
15 | safety of others and suffer emotional distress. Many victims | ||||||
16 | alter their daily routines to avoid the persons who are |
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1 | stalking them. Some victims are in such fear that they relocate | ||||||
2 | to another city, town or state. While estimates suggest that | ||||||
3 | 70% of victims know the individuals stalking them, only 30% of | ||||||
4 | victims have dated or been in intimate relationships with their | ||||||
5 | stalkers. All stalking victims should be able to seek a civil | ||||||
6 | remedy requiring the offenders stay away from the victims and | ||||||
7 | third parties.
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8 | (Source: P.A. 96-246, eff. 1-1-10.) | ||||||
9 | (740 ILCS 21/10)
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10 | Sec. 10. Definitions. For the purposes of this Act: | ||||||
11 | "Course of conduct" means 2 or more acts, including but not | ||||||
12 | limited to acts in which a respondent directly, indirectly, or | ||||||
13 | through third parties, by any action, method, device, or means | ||||||
14 | follows, monitors, observes, surveils, or threatens, or | ||||||
15 | communicates to or about, a person , workplace, school, or place | ||||||
16 | of worship , engages in other contact, or interferes with or | ||||||
17 | damages a person's property or pet. A course of conduct may | ||||||
18 | include contact via electronic communications. The | ||||||
19 | incarceration of a person in a penal institution who commits | ||||||
20 | the course of conduct is not a bar to prosecution under this | ||||||
21 | Section. | ||||||
22 | "Emotional distress" means significant mental suffering, | ||||||
23 | anxiety or alarm. | ||||||
24 | "Contact" includes any contact with the victim, that is | ||||||
25 | initiated or continued without the victim's consent, or that is |
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1 | in disregard of the victim's expressed desire that the contact | ||||||
2 | be avoided or discontinued, including but not limited to being | ||||||
3 | in the physical presence of the victim; appearing within the | ||||||
4 | sight of the victim; approaching or confronting the victim in a | ||||||
5 | public place or on private property; appearing at the workplace | ||||||
6 | or residence of the victim; entering onto or remaining on | ||||||
7 | property owned, leased, or occupied by the victim; or placing | ||||||
8 | an object on, or delivering an object to, property owned, | ||||||
9 | leased, or occupied by the victim ; and appearing at the | ||||||
10 | prohibited workplace, school, or place of worship . | ||||||
11 | "Petitioner" means any named petitioner for the stalking no | ||||||
12 | contact order or any named victim of stalking on whose behalf | ||||||
13 | the petition is brought. "Petitioner" includes an authorized | ||||||
14 | agent of a place of employment, an authorized agent of a place | ||||||
15 | of worship, or an authorized agent of a school. | ||||||
16 | "Reasonable person" means a person in the petitioner's | ||||||
17 | circumstances with the petitioner's knowledge of the | ||||||
18 | respondent and the respondent's prior acts. | ||||||
19 | "Stalking" means engaging in a course of conduct directed | ||||||
20 | at a specific person, and he or she knows or should know that | ||||||
21 | this course of conduct would cause a reasonable person to fear | ||||||
22 | for his or her safety , the safety of a workplace, school, or | ||||||
23 | place of worship, or the safety of a third person or suffer | ||||||
24 | emotional distress. Stalking does not include an exercise of | ||||||
25 | the right to free speech or assembly that is otherwise lawful | ||||||
26 | or picketing occurring at the workplace that is otherwise |
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1 | lawful and arises out of a bona fide labor dispute, including | ||||||
2 | any controversy concerning wages, salaries, hours, working | ||||||
3 | conditions or benefits, including health and welfare, sick | ||||||
4 | leave, insurance, and pension or retirement provisions, the | ||||||
5 | making or maintaining of collective bargaining agreements, and | ||||||
6 | the terms to be included in those agreements. | ||||||
7 | "Stalking No Contact Order" means an emergency order or | ||||||
8 | plenary order granted under this Act, which includes a remedy | ||||||
9 | authorized by Section 80 of this Act.
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10 | (Source: P.A. 96-246, eff. 1-1-10.) | ||||||
11 | (740 ILCS 21/15)
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12 | Sec. 15. Persons protected by this Act. A petition for a | ||||||
13 | stalking no contact order may be filed when relief is not | ||||||
14 | available to the petitioner under the Illinois Domestic | ||||||
15 | Violence Act of 1986: | ||||||
16 | (1) by any person who is a victim of stalking; or | ||||||
17 | (2) by a person on behalf of a minor child or an adult | ||||||
18 | who is a victim of stalking but, because of age, | ||||||
19 | disability, health, or inaccessibility, cannot file the | ||||||
20 | petition ; . | ||||||
21 | (3) by an authorized agent of a workplace; | ||||||
22 | (4) by an authorized agent of a place of worship; or | ||||||
23 | (5) by an authorized agent of a school.
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24 | (Source: P.A. 96-246, eff. 1-1-10.)".
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