Public Act 097-0311
 
SB2267 EnrolledLRB097 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.