HB5770 95TH GENERAL ASSEMBLY

LRB095 16744 RLC 42778 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5770

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-7.3

from Ch. 38, par. 12-7.3

Amends the Criminal Code of 1961 relating to the offense of stalking. Provides that if a person ignores another person's request not to follow him or her or his or her family members, a rebuttable presumption exists that the person has transmitted a threat of immediate or future bodily harm. Provides that if a person remains outside another person's home for a period of time in excess of 10 minutes or for a period of time totaling 30 minutes within a 24-hour period on 5 or more occasions, a rebuttable presumption exists that the person has transmitted a threat of immediate or future bodily harm.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 Section 12-7.3 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 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.

(a-6) If a person ignores another person's request not to follow him or her or his or her family members, a rebuttable presumption exists that the person has transmitted a threat of immediate or future bodily harm as described in paragraph (1) of subsection (a) or paragraph (2) of subsection (a-5).

(a-7) If a person remains outside another person's home for a period of time in excess of 10 minutes or for a period of time totaling 30 minutes within a 24-hour period on 5 or more occasions, a rebuttable presumption exists that the person has transmitted a threat of immediate or future bodily harm as described in paragraph (1) of subsection (a) or paragraph (2) of subsection (a-5).

(b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction for stalking is a Class 3 felony.

(b-5) The incarceration of a person in a penal institution who transmits a threat is not a bar to prosecution under this Section.

(c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful.

(d) For the purpose of this Section, a defendant "places a person under surveillance" by: (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.

(e) For the purpose of this Section, "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.

(f) For the purposes of this Section and Section 12-7.4, "bona fide labor dispute" means 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.

(g) For the purposes of this Section, "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.

(h) For the purposes of this Section, "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.

(Source: P.A. 95-33, eff. 1-1-08.)