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Public Act 097-0311

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Public Act 0311 97TH GENERAL ASSEMBLY

Public Act 097-0311

SB2267 Enrolled LRB097 10008 RLC 50179 b

    AN ACT concerning criminal law.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-7.3, 12-7.4, 12-7.5, and 12-30 as follows:

    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
    Sec. 12-7.3. Stalking.
    (a) A person commits stalking when he or she knowingly
engages in a course of conduct directed at a specific person,
and he or she knows or should know that this course of conduct
would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a third
    person; or
        (2) suffer other emotional distress.
    (a-3) A person commits stalking when he or she, knowingly
and without lawful justification, on at least 2 separate
occasions follows another person or places the person under
surveillance or any combination thereof and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement or
    restraint and the threat is directed towards that person or
    a family member of that person; or
        (2) places that person in reasonable apprehension of
    immediate or future bodily harm, sexual assault,
    confinement or restraint; or
        (3) places that person in reasonable apprehension that
    a family member will receive immediate or future bodily
    harm, sexual assault, confinement, or restraint.
    (a-5) A person commits stalking when he or she has
previously been convicted of stalking another person and
knowingly and without lawful justification on one occasion:
        (1) follows that same person or places that same person
    under surveillance; and
        (2) transmits a threat of immediate or future bodily
    harm, sexual assault, confinement or restraint; and
        (3) the threat is directed towards that person or a
    family member of that person.
    (b) Sentence. Stalking is a Class 4 felony. A second or
subsequent conviction for stalking is a Class 3 felony.
    (c) Definitions. For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts, including
    but not limited to acts in which a defendant directly,
    indirectly, or through third parties, by any action,
    method, device, or means follows, monitors, observes,
    surveils, threatens, or communicates to or about, a person,
    engages in other non-consensual contact, or interferes
    with or damages a person's property or pet. A course of
    conduct may include contact via electronic communications.
        (2) "Electronic communication" means any transfer of
    signs, signals, writings, sounds, data, or intelligence of
    any nature transmitted in whole or in part by a wire,
    radio, electromagnetic, photoelectric, or photo-optical
    system. "Electronic communication" includes transmissions
    by a computer through the Internet to another computer.
        (3) "Emotional distress" means significant mental
    suffering, anxiety or alarm.
        (4) "Family member" means a parent, grandparent,
    brother, sister, or child, whether by whole blood,
    half-blood, or adoption and includes a step-grandparent,
    step-parent, step-brother, step-sister or step-child.
    "Family member" also means any other person who regularly
    resides in the household, or who, within the prior 6
    months, regularly resided in the household.
        (5) "Follows another person" means (i) to move in
    relative proximity to a person as that person moves from
    place to place or (ii) to remain in relative proximity to a
    person who is stationary or whose movements are confined to
    a small area. "Follows another person" does not include a
    following within the residence of the defendant.
        (6) "Non-consensual contact" means any contact with
    the victim that is initiated or continued without the
    victim's consent, including but not limited to being in the
    physical presence of the victim; appearing within the sight
    of the victim; approaching or confronting the victim in a
    public place or on private property; appearing at the
    workplace or residence of the victim; entering onto or
    remaining on property owned, leased, or occupied by the
    victim; or placing an object on, or delivering an object
    to, property owned, leased, or occupied by the victim.
        (7) "Places a person under surveillance" means: (1)
    remaining present outside the person's school, place of
    employment, vehicle, other place occupied by the person, or
    residence other than the residence of the defendant; or (2)
    placing an electronic tracking device on the person or the
    person's property.
        (8) "Reasonable person" means a person in the victim's
    situation.
        (9) "Transmits a threat" means a verbal or written
    threat or a threat implied by a pattern of conduct or a
    combination of verbal or written statements or conduct.
    (d) Exemptions.
        (1) This Section does not apply to any individual or
    organization (i) monitoring or attentive to compliance
    with public or worker safety laws, wage and hour
    requirements, or other statutory requirements, or (ii)
    picketing occurring at the workplace that is otherwise
    lawful and arises out of a bona fide labor dispute,
    including any controversy concerning wages, salaries,
    hours, working conditions or benefits, including health
    and welfare, sick leave, insurance, and pension or
    retirement provisions, the making or maintaining of
    collective bargaining agreements, and the terms to be
    included in those agreements.
        (2) This Section does not apply to an exercise of the
    right to free speech or assembly that is otherwise lawful.
        (3) Telecommunications carriers, commercial mobile
    service providers, and providers of information services,
    including, but not limited to, Internet service providers
    and hosting service providers, are not liable under this
    Section, except for willful and wanton misconduct, by
    virtue of the transmission, storage, or caching of
    electronic communications or messages of others or by
    virtue of the provision of other related
    telecommunications, commercial mobile services, or
    information services used by others in violation of this
    Section.
    (d-5) The incarceration of a person in a penal institution
who commits the course of conduct or transmits a threat is not
a bar to prosecution under this Section.
    (d-10) A defendant who directed the actions of a third
party to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)

    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
    Sec. 12-7.4. Aggravated stalking.
    (a) A person commits aggravated stalking when he or she, in
conjunction with committing the offense of stalking, also does
any of the following:
        (1) causes bodily harm to the victim;
        (2) confines or restrains the victim; or
        (3) violates a temporary restraining order, an order of
    protection, a stalking no contact order, a civil no contact
    order, or an injunction prohibiting the behavior described
    in subsection (b)(1) of Section 214 of the Illinois
    Domestic Violence Act of 1986.
    (b) Sentence. Aggravated stalking is a Class 3 felony. A
second or subsequent conviction for aggravated stalking is a
Class 2 felony.
    (c) Exemptions.
        (1) This Section does not apply to any individual or
    organization (i) monitoring or attentive to compliance
    with public or worker safety laws, wage and hour
    requirements, or other statutory requirements, or (ii)
    picketing occurring at the workplace that is otherwise
    lawful and arises out of a bona fide labor dispute
    including any controversy concerning wages, salaries,
    hours, working conditions or benefits, including health
    and welfare, sick leave, insurance, and pension or
    retirement provisions, the managing or maintenance of
    collective bargaining agreements, and the terms to be
    included in those agreements.
        (2) This Section does not apply to an exercise of the
    right of free speech or assembly that is otherwise lawful.
        (3) Telecommunications carriers, commercial mobile
    service providers, and providers of information services,
    including, but not limited to, Internet service providers
    and hosting service providers, are not liable under this
    Section, except for willful and wanton misconduct, by
    virtue of the transmission, storage, or caching of
    electronic communications or messages of others or by
    virtue of the provision of other related
    telecommunications, commercial mobile services, or
    information services used by others in violation of this
    Section.
    (d) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10.)

    (720 ILCS 5/12-7.5)
    Sec. 12-7.5. Cyberstalking.
    (a) A person commits cyberstalking when he or she engages
in a course of conduct using electronic communication directed
at a specific person, and he or she knows or should know that
would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a third
    person; or
        (2) suffer other emotional distress.
    (a-3) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement, or
    restraint and the threat is directed towards that person or
    a family member of that person; or
        (2) places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint; or
        (3) at any time knowingly solicits the commission of an
    act by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (a-5) A person commits cyberstalking when he or she,
knowingly and without lawful justification, creates and
maintains an Internet website or webpage which is accessible to
one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:
        (1) which communicates a threat of immediate or future
    bodily harm, sexual assault, confinement, or restraint,
    where the threat is directed towards that person or a
    family member of that person, or
        (2) which places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint, or
        (3) which knowingly solicits the commission of an act
    by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (b) Sentence. Cyberstalking is a Class 4 felony. A second
or subsequent conviction for cyberstalking is a Class 3 felony.
    (c) For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts, including
    but not limited to acts in which a defendant directly,
    indirectly, or through third parties, by any action,
    method, device, or means follows, monitors, observes,
    surveils, threatens, or communicates to or about, a person,
    engages in other non-consensual contact, or interferes
    with or damages a person's property or pet. The
    incarceration in a penal institution of a person who
    commits the course of conduct is not a bar to prosecution
    under this Section.
        (2) "Electronic communication" means any transfer of
    signs, signals, writings, sounds, data, or intelligence of
    any nature transmitted in whole or in part by a wire,
    radio, electromagnetic, photoelectric, or photo-optical
    system. "Electronic communication" includes transmissions
    by a computer through the Internet to another computer.
        (3) "Emotional distress" means significant mental
    suffering, anxiety or alarm.
        (4) "Harass" means to engage in a knowing and willful
    course of conduct directed at a specific person that
    alarms, torments, or terrorizes that person.
        (5) "Non-consensual contact" means any contact with
    the victim that is initiated or continued without the
    victim's consent, including but not limited to being in the
    physical presence of the victim; appearing within the sight
    of the victim; approaching or confronting the victim in a
    public place or on private property; appearing at the
    workplace or residence of the victim; entering onto or
    remaining on property owned, leased, or occupied by the
    victim; or placing an object on, or delivering an object
    to, property owned, leased, or occupied by the victim.
        (6) "Reasonable person" means a person in the victim's
    circumstances, with the victim's knowledge of the
    defendant and the defendant's prior acts.
        (7) "Third party" means any person other than the
    person violating these provisions and the person or persons
    towards whom the violator's actions are directed.
    (d) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
    (e) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09;
96-686, eff. 1-1-10; 96-1000, eff. 7-2-10.)

    (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)
    Sec. 12-30. Violation of an order of protection.
    (a) A person commits violation of an order of protection
if:
        (1) He or she commits an act which was prohibited by a
    court or fails to commit an act which was ordered by a
    court in violation of:
            (i) a remedy in a valid order of protection
        authorized under paragraphs (1), (2), (3), (14), or
        (14.5) of subsection (b) of Section 214 of the Illinois
        Domestic Violence Act of 1986,
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14) or (14.5) of subsection (b) of Section 214 of
        the Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory,
            (iii) any other remedy when the act constitutes a
        crime against the protected parties as the term
        protected parties is defined in Section 112A-4 of the
        Code of Criminal Procedure of 1963; and
        (2) Such violation occurs after the offender has been
    served notice of the contents of the order, pursuant to the
    Illinois Domestic Violence Act of 1986 or any substantially
    similar statute of another state, tribe or United States
    territory, or otherwise has acquired actual knowledge of
    the contents of the order.
    An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face.
    (a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
    (b) For purposes of this Section, an "order of protection"
may have been issued in a criminal or civil proceeding.
    (c) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
    (d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. Violation of an
order of protection under subsection (a) of this Section is a
Class 4 felony if the defendant has any prior conviction under
this Code for domestic battery (Section 12-3.2) or violation of
an order of protection (Section 12-30). Violation of an order
of protection is a Class 4 felony if the defendant has any
prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-4), heinous battery (Section 12-4.1),
aggravated battery with a firearm (Section 12-4.2), aggravated
battery of a child (Section 12-4.3), aggravated battery of an
unborn child (Section 12-4.4), aggravated battery of a senior
citizen (Section 12-4.6), stalking (Section 12-7.3),
aggravated stalking (Section 12-7.4), criminal sexual assault
(Section 12-13), aggravated criminal sexual assault (12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section
10-2), predatory criminal sexual assault of a child (Section
12-14.1), aggravated criminal sexual abuse (Section 12-16),
unlawful restraint (Section 10-3), aggravated unlawful
restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
or aggravated discharge of a firearm (Section 24-1.2), when any
of these offenses have been committed against a family or
household member as defined in Section 112A-3 of the Code of
Criminal Procedure of 1963. The court shall impose a minimum
penalty of 24 hours imprisonment for defendant's second or
subsequent violation of any order of protection; unless the
court explicitly finds that an increased penalty or such period
of imprisonment would be manifestly unjust. In addition to any
other penalties, the court may order the defendant to pay a
fine as authorized under Section 5-9-1 of the Unified Code of
Corrections or to make restitution to the victim under Section
5-5-6 of the Unified Code of Corrections. In addition to any
other penalties, including those imposed by Section 5-9-1.5 of
the Unified Code of Corrections, the court shall impose an
additional fine of $20 as authorized by Section 5-9-1.11 of the
Unified Code of Corrections upon any person convicted of or
placed on supervision for a violation of this Section. The
additional fine shall be imposed for each violation of this
Section.
    (e) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply
to actions taken under this Section.
    (f) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
92-827, eff. 8-22-02.)

    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2011

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