Sen. Kwame Raoul
Filed: 2/28/2018
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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, 15, and 80 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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1 | (740 ILCS 21/80)
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2 | Sec. 80. Stalking no contact orders; remedies. | ||||||
3 | (a) If the court finds that the petitioner has been a | ||||||
4 | victim of stalking, a stalking no contact order shall issue; | ||||||
5 | provided that the petitioner must also satisfy the requirements | ||||||
6 | of Section 95 on emergency orders or Section 100 on plenary | ||||||
7 | orders. The petitioner shall not be denied a stalking no | ||||||
8 | contact order because the petitioner or the respondent is a | ||||||
9 | minor. The court, when determining whether or not to issue a | ||||||
10 | stalking no contact order, may not require physical injury on | ||||||
11 | the person of the petitioner. Modification and extension of | ||||||
12 | prior stalking no contact orders shall be in accordance with | ||||||
13 | this Act. | ||||||
14 | (b) A stalking no contact order shall order one or more of | ||||||
15 | the following: | ||||||
16 | (1) prohibit the respondent from threatening to commit | ||||||
17 | or committing stalking; | ||||||
18 | (2) order the respondent not to have any contact with | ||||||
19 | the petitioner or a third person specifically named by the | ||||||
20 | court; | ||||||
21 | (3) prohibit the respondent from knowingly coming | ||||||
22 | within, or knowingly remaining within a specified distance | ||||||
23 | of the petitioner or the petitioner's residence, school, | ||||||
24 | daycare, or place of employment, or any specified place | ||||||
25 | frequented by the petitioner; however, the court may order | ||||||
26 | the respondent to stay away from the respondent's own |
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1 | residence, school, or place of employment only if the | ||||||
2 | respondent has been provided actual notice of the | ||||||
3 | opportunity to appear and be heard on the petition; | ||||||
4 | (4) prohibit the respondent from possessing a Firearm | ||||||
5 | Owners Identification Card, or possessing or buying | ||||||
6 | firearms; and | ||||||
7 | (5) order the respondent to submit to a mental health | ||||||
8 | evaluation; | ||||||
9 | (6) order a respondent to wear an electronic monitoring | ||||||
10 | device; and | ||||||
11 | (7) (5) order other injunctive relief the court | ||||||
12 | determines to be necessary to protect the petitioner or | ||||||
13 | third party specifically named by the court. | ||||||
14 | (b-5) When the petitioner and the respondent attend the | ||||||
15 | same public, private, or non-public elementary, middle, or high | ||||||
16 | school, the court when issuing a stalking no contact order and | ||||||
17 | providing relief shall consider the severity of the act, any | ||||||
18 | continuing physical danger or emotional distress to the | ||||||
19 | petitioner, the educational rights guaranteed to the | ||||||
20 | petitioner and respondent under federal and State law, the | ||||||
21 | availability of a transfer of the respondent to another school, | ||||||
22 | a change of placement or a change of program of the respondent, | ||||||
23 | the expense, difficulty, and educational disruption that would | ||||||
24 | be caused by a transfer of the respondent to another school, | ||||||
25 | and any other relevant facts of the case. The court may order | ||||||
26 | that the respondent not attend the public, private, or |
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1 | non-public elementary, middle, or high school attended by the | ||||||
2 | petitioner, order that the respondent accept a change of | ||||||
3 | placement or program, as determined by the school district or | ||||||
4 | private or non-public school, or place restrictions on the | ||||||
5 | respondent's movements within the school attended by the | ||||||
6 | petitioner.
The respondent bears the burden of proving by a | ||||||
7 | preponderance of the evidence that a transfer, change of | ||||||
8 | placement, or change of program of the respondent is not | ||||||
9 | available. The respondent also bears the burden of production | ||||||
10 | with respect to the expense, difficulty, and educational | ||||||
11 | disruption that would be caused by a transfer of the respondent | ||||||
12 | to another school. A transfer, change of placement, or change | ||||||
13 | of program is not unavailable to the respondent solely on the | ||||||
14 | ground that the respondent does not agree with the school | ||||||
15 | district's or private or non-public school's transfer, change | ||||||
16 | of placement, or change of program or solely on the ground that | ||||||
17 | the respondent fails or refuses to consent to or otherwise does | ||||||
18 | not take an action required to effectuate a transfer, change of | ||||||
19 | placement, or change of program.
When a court orders a | ||||||
20 | respondent to stay away from the public, private, or non-public | ||||||
21 | school attended by the petitioner and the respondent requests a | ||||||
22 | transfer to another attendance center within the respondent's | ||||||
23 | school district or private or non-public school, the school | ||||||
24 | district or private or non-public school shall have sole | ||||||
25 | discretion to determine the attendance center to which the | ||||||
26 | respondent is transferred.
In the event the court order results |
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1 | in a transfer of the minor respondent to another attendance | ||||||
2 | center, a change in the respondent's placement, or a change of | ||||||
3 | the respondent's program, the parents, guardian, or legal | ||||||
4 | custodian of the respondent is responsible for transportation | ||||||
5 | and other costs associated with the transfer or change. | ||||||
6 | (b-6) The court may order the parents, guardian, or legal | ||||||
7 | custodian of a minor respondent to take certain actions or to | ||||||
8 | refrain from taking certain actions to ensure that the | ||||||
9 | respondent complies with the order. In the event the court | ||||||
10 | orders a transfer of the respondent to another school, the | ||||||
11 | parents, guardian, or legal custodian of the respondent are | ||||||
12 | responsible for transportation and other costs associated with | ||||||
13 | the change of school by the respondent. | ||||||
14 | (b-7) The court shall not hold a school district or private | ||||||
15 | or non-public school or any of its employees in civil or | ||||||
16 | criminal contempt unless the school district or private or | ||||||
17 | non-public school has been allowed to intervene. | ||||||
18 | (b-8) The court may hold the parents, guardian, or legal | ||||||
19 | custodian of a minor respondent in civil or criminal contempt | ||||||
20 | for a violation of any provision of any order entered under | ||||||
21 | this Act for conduct of the minor respondent in violation of | ||||||
22 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
23 | encouraged, or assisted the respondent minor in such conduct. | ||||||
24 | (c) The court may award the petitioner costs and attorneys | ||||||
25 | fees if a stalking no contact order is granted. | ||||||
26 | (d) Monetary damages are not recoverable as a remedy. |
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1 | (e) If the stalking no contact order prohibits the | ||||||
2 | respondent from possessing a Firearm Owner's Identification | ||||||
3 | Card, or possessing or buying firearms; the court shall | ||||||
4 | confiscate the respondent's Firearm Owner's Identification | ||||||
5 | Card and immediately return the card to the Department of State | ||||||
6 | Police Firearm Owner's Identification Card Office.
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7 | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; | ||||||
8 | 97-1131, eff. 1-1-13.)".
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