Sen. Toi W. Hutchinson
Filed: 5/15/2009
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1 | AMENDMENT TO HOUSE BILL 2542
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2 | AMENDMENT NO. ______. Amend House Bill 2542 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Sections 12-7.3, 12-7.4, and 12-7.5 as follows:
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6 | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
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7 | Sec. 12-7.3. Stalking.
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8 | (a) A person commits stalking when he or she , knowingly | ||||||
9 | engages in a course of conduct directed at a specific person, | ||||||
10 | and he or she knows or should know that this course of conduct | ||||||
11 | would cause a reasonable person to: | ||||||
12 | (1) fear for his or her safety or the safety of a third | ||||||
13 | person; or | ||||||
14 | (2) suffer other emotional distress. | ||||||
15 | (a-3) A person commits stalking when he or she, knowingly | ||||||
16 | and without
lawful justification, on at least 2 separate |
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1 | occasions follows
another person
or places the person under | ||||||
2 | surveillance or any combination thereof and:
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3 | (1) at any time transmits a threat of immediate or | ||||||
4 | future bodily harm, sexual
assault, confinement or | ||||||
5 | restraint and the threat is directed towards that
person or | ||||||
6 | a family member of that
person; or
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7 | (2) places that person in reasonable apprehension of | ||||||
8 | immediate or future
bodily harm, sexual assault, | ||||||
9 | confinement or restraint; or
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10 | (3) places that person in reasonable apprehension that | ||||||
11 | a family member
will receive immediate or future bodily | ||||||
12 | harm, sexual assault, confinement, or
restraint.
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13 | (a-5) A person commits stalking when he or she has | ||||||
14 | previously been
convicted of stalking another person and | ||||||
15 | knowingly and without lawful
justification on one occasion:
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16 | (1) follows that same person or places that same person | ||||||
17 | under
surveillance; and
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18 | (2) transmits a threat of immediate or future bodily | ||||||
19 | harm, sexual
assault, confinement or restraint; and
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20 | (3) the threat is directed towards that person or a | ||||||
21 | family member of
that person.
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22 | (b) Sentence.
Stalking is a Class 4 felony. A second or | ||||||
23 | subsequent
conviction for stalking is a Class 3 felony.
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24 | (c) Definitions. For purposes of this Section: | ||||||
25 | (1) "Course of conduct" means 2 or more acts, including | ||||||
26 | but not limited to acts in which a defendant directly, |
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1 | indirectly, or through third parties, by any action, | ||||||
2 | method, device, or means follows, monitors, observes, | ||||||
3 | surveils, threatens, or communicates to or about, a person, | ||||||
4 | engages in other non-consensual contact, or interferes | ||||||
5 | with or damages a person's property or pet. A course of | ||||||
6 | conduct may include contact via electronic communications. | ||||||
7 | (2) "Electronic communication" means any transfer of | ||||||
8 | signs, signals, writings, sounds, data, or intelligence of | ||||||
9 | any nature transmitted in whole or in part by a wire, | ||||||
10 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
11 | system. "Electronic communication" includes transmissions | ||||||
12 | by a computer through the Internet to another computer. | ||||||
13 | (3) "Emotional distress" means significant mental | ||||||
14 | suffering, anxiety or alarm. | ||||||
15 | (4) "Family member" means a parent,
grandparent, | ||||||
16 | brother, sister, or child, whether by whole blood, | ||||||
17 | half-blood, or
adoption and includes a step-grandparent, | ||||||
18 | step-parent, step-brother,
step-sister or step-child. | ||||||
19 | "Family member" also means any other person who
regularly | ||||||
20 | resides in the household, or who, within the prior 6 | ||||||
21 | months,
regularly resided in the household. | ||||||
22 | (5) "Follows another person" means (i) to
move in | ||||||
23 | relative proximity to a person as that person moves from | ||||||
24 | place to place
or (ii) to remain in relative proximity to a | ||||||
25 | person who is stationary or whose
movements are confined to | ||||||
26 | a small area.
"Follows another person" does not
include a |
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1 | following within the residence of the defendant. | ||||||
2 | (6) "Non-consensual contact" means any contact with | ||||||
3 | the victim that is initiated or continued without the | ||||||
4 | victim's consent, including but not limited to being in the | ||||||
5 | physical presence of the victim; appearing within the sight | ||||||
6 | of the victim; approaching or confronting the victim in a | ||||||
7 | public place or on private property; appearing at the | ||||||
8 | workplace or residence of the victim; entering onto or | ||||||
9 | remaining on property owned, leased, or occupied by the | ||||||
10 | victim; or placing an object on, or delivering an object | ||||||
11 | to, property owned, leased, or occupied by the victim. | ||||||
12 | (7) "Places a person under
surveillance" means: (1) | ||||||
13 | remaining present outside the person's school, place of
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14 | employment, vehicle, other place occupied by the person, or | ||||||
15 | residence other
than the residence of the defendant; or (2) | ||||||
16 | placing an electronic tracking device on the person or the | ||||||
17 | person's property. | ||||||
18 | (8) "Reasonable person" means a person in the victim's | ||||||
19 | situation. | ||||||
20 | (9) "Transmits a threat" means a verbal
or
written | ||||||
21 | threat or a threat implied by a pattern of conduct or a | ||||||
22 | combination of
verbal or written statements or conduct. | ||||||
23 | (d) Exemptions. | ||||||
24 | (1) This Section does not apply to any individual or | ||||||
25 | organization (i) monitoring or attentive to compliance | ||||||
26 | with public or worker safety laws, wage and hour |
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1 | requirements, or other statutory requirements, or (ii) | ||||||
2 | picketing occurring at the workplace that is otherwise | ||||||
3 | lawful and arises out of a bona fide labor dispute, | ||||||
4 | including any controversy concerning wages, salaries, | ||||||
5 | hours, working conditions or benefits, including health | ||||||
6 | and welfare, sick leave, insurance, and pension or | ||||||
7 | retirement provisions, the making or maintaining of | ||||||
8 | collective bargaining agreements, and the terms to be | ||||||
9 | included in those agreements. | ||||||
10 | (2) This Section does not apply to an exercise of the | ||||||
11 | right to free speech or assembly that is otherwise lawful. | ||||||
12 | (3) Telecommunications carriers, commercial mobile | ||||||
13 | service providers, and providers of information services, | ||||||
14 | including, but not limited to, Internet service providers | ||||||
15 | and hosting service providers, are not liable under this | ||||||
16 | Section, except for willful and wanton misconduct, by | ||||||
17 | virtue of the transmission, storage, or caching of | ||||||
18 | electronic communications or messages of others or by | ||||||
19 | virtue of the provision of other related | ||||||
20 | telecommunications, commercial mobile services, or | ||||||
21 | information services used by others in violation of this | ||||||
22 | Section. | ||||||
23 | (b-5) The incarceration of a person in a penal institution | ||||||
24 | who commits the course of conduct or transmits a
threat is not | ||||||
25 | a bar to prosecution under this Section.
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26 | (c) Exemption. This Section does not apply to picketing |
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1 | occurring at
the workplace that is otherwise lawful and arises | ||||||
2 | out of a bona fide labor
dispute, or any exercise of the right | ||||||
3 | of free speech or assembly that is
otherwise lawful.
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4 | (d) For the purpose of this Section, a defendant "places a | ||||||
5 | person under
surveillance" by: (1) remaining present outside | ||||||
6 | the person's school, place of
employment, vehicle, other place | ||||||
7 | occupied by the person, or residence other
than the residence | ||||||
8 | of the defendant; or (2) placing an electronic tracking device | ||||||
9 | on the person or the person's property.
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10 | (e) For the purpose of this Section,
"follows another | ||||||
11 | person" means (i) to
move in relative proximity to a person as | ||||||
12 | that person moves from place to place
or (ii) to remain in | ||||||
13 | relative proximity to a person who is stationary or whose
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14 | movements are confined to a small area.
"Follows another | ||||||
15 | person" does not
include a following within the residence of | ||||||
16 | the defendant.
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17 | (f) For the purposes of this Section and Section 12-7.4, | ||||||
18 | "bona fide labor
dispute" means any controversy concerning | ||||||
19 | wages, salaries, hours, working
conditions, or benefits, | ||||||
20 | including health and welfare, sick leave, insurance,
and
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21 | pension or retirement provisions, the making or maintaining of | ||||||
22 | collective
bargaining agreements, and the terms to be included | ||||||
23 | in those agreements.
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24 | (g) For the purposes of this Section, "transmits a threat" | ||||||
25 | means a verbal
or
written threat or a threat implied by a | ||||||
26 | pattern of conduct or a combination of
verbal or written |
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1 | statements or conduct.
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2 | (h) For the purposes of this Section, "family member" means | ||||||
3 | a parent,
grandparent, brother, sister, or child, whether by | ||||||
4 | whole blood, half-blood, or
adoption and includes a | ||||||
5 | step-grandparent, step-parent, step-brother,
step-sister or | ||||||
6 | step-child. "Family member" also means any other person who
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7 | regularly resides in the household, or who, within the prior 6 | ||||||
8 | months,
regularly resided in the household.
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9 | (Source: P.A. 95-33, eff. 1-1-08.)
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10 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
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11 | Sec. 12-7.4. Aggravated stalking.
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12 | (a) A person commits
aggravated stalking when he or she, in | ||||||
13 | conjunction with committing the
offense of stalking,
also does | ||||||
14 | any of the following:
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15 | (1) causes bodily harm to the victim;
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16 | (2) confines or restrains the victim; or
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17 | (3) violates a temporary
restraining order, an order of | ||||||
18 | protection, a stalking no contact order, a civil no contact | ||||||
19 | order, or an injunction
prohibiting the behavior described | ||||||
20 | in
subsection (b)(1) of Section 214 of the Illinois | ||||||
21 | Domestic Violence Act of 1986.
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22 | (b) Sentence. Aggravated stalking is a Class 3 felony. A | ||||||
23 | second or
subsequent conviction for aggravated stalking is a | ||||||
24 | Class 2
felony.
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25 | (c) Exemptions Exemption . |
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1 | (1) This Section does not apply to any individual or | ||||||
2 | organization (i) monitoring or attentive to compliance | ||||||
3 | with public or worker safety laws, wage and hour | ||||||
4 | requirements, or other statutory requirements, or (ii) | ||||||
5 | picketing occurring at the
workplace that is otherwise | ||||||
6 | lawful and arises out of a bona fide labor
dispute | ||||||
7 | including any controversy concerning wages, salaries, | ||||||
8 | hours, working conditions or benefits, including health | ||||||
9 | and welfare, sick leave, insurance, and pension or | ||||||
10 | retirement provisions, the managing or maintenance of | ||||||
11 | collective bargaining agreements, and the terms to be | ||||||
12 | included in those agreements. , or any | ||||||
13 | (2) This Section does not apply to an exercise of the | ||||||
14 | right of free speech or assembly that is
otherwise lawful.
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15 | (3) Telecommunications carriers, commercial mobile | ||||||
16 | service providers, and providers of information services, | ||||||
17 | including, but not limited to, Internet service providers | ||||||
18 | and hosting service providers, are not liable under this | ||||||
19 | Section, except for willful and wanton misconduct, by | ||||||
20 | virtue of the transmission, storage, or caching of | ||||||
21 | electronic communications or messages of others or by | ||||||
22 | virtue of the provision of other related | ||||||
23 | telecommunications, commercial mobile services, or | ||||||
24 | information services used by others in violation of this | ||||||
25 | Section. | ||||||
26 | (d) For purposes of this Section, "bona fide labor dispute" |
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1 | has the
meaning ascribed to it in Section 12-7.3.
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2 | (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff. | ||||||
3 | 8-18-95.)
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4 | (720 ILCS 5/12-7.5)
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5 | Sec. 12-7.5. Cyberstalking.
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6 | (a) A person commits cyberstalking when he or she engages | ||||||
7 | in a course of conduct using electronic communication directed | ||||||
8 | at a specific person, and he or she knows or should know that | ||||||
9 | would cause a reasonable person to: | ||||||
10 | (1) fear for his or her safety or the safety of a third | ||||||
11 | person; or | ||||||
12 | (2) suffer other emotional distress. | ||||||
13 | (a-3) A person commits cyberstalking when he or she , | ||||||
14 | knowingly and without
lawful justification, on at least 2 | ||||||
15 | separate occasions, harasses another person
through the use of | ||||||
16 | electronic communication and:
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17 | (1) at any time transmits a threat of immediate or | ||||||
18 | future bodily harm,
sexual assault, confinement, or | ||||||
19 | restraint and the threat is directed towards
that person or | ||||||
20 | a family member of that person, or
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21 | (2) places that person or a family member of that | ||||||
22 | person in reasonable
apprehension of immediate or future | ||||||
23 | bodily harm, sexual assault, confinement,
or restraint; or
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24 | (3) at any time knowingly solicits the commission of an | ||||||
25 | act by any person which would be a violation of this Code |
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1 | directed towards that person or a family member of that | ||||||
2 | person. | ||||||
3 | (a-5) A person commits cyberstalking when he or she, | ||||||
4 | knowingly and without lawful justification, creates and | ||||||
5 | maintains an Internet website or webpage which is accessible to | ||||||
6 | one or more third parties for a period of at least 24 hours, | ||||||
7 | and which contains statements harassing another person and: | ||||||
8 | (1) which communicates a threat of immediate or future | ||||||
9 | bodily harm, sexual assault, confinement, or restraint, | ||||||
10 | where the threat is directed towards that person or a | ||||||
11 | family member of that person, or | ||||||
12 | (2) which places that person or a family member of that | ||||||
13 | person in reasonable apprehension of immediate or future | ||||||
14 | bodily harm, sexual assault, confinement, or restraint, or | ||||||
15 | (3) which knowingly solicits the commission of an act | ||||||
16 | by any person which would be a violation of this Code | ||||||
17 | directed towards that person or a family member of that | ||||||
18 | person. | ||||||
19 | (b) As used in this Section:
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20 | "Harass"
means to engage in a knowing and willful course of | ||||||
21 | conduct directed at a
specific person
that alarms, torments, or | ||||||
22 | terrorizes that person.
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23 | "Third party" means any person other than the person | ||||||
24 | violating these provisions and the person or persons towards | ||||||
25 | whom the violator's actions are directed. | ||||||
26 | "Electronic communication" means any
transfer of signs, |
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1 | signals, writings, sounds, data, or intelligence of any
nature | ||||||
2 | transmitted in whole or in part by a wire, radio, | ||||||
3 | electronmagnetic,
photoelectric, or photo-optical system. | ||||||
4 | "Electronic communication" includes
transmissions by a
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5 | computer through the Internet to another computer.
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6 | (b) (c) Sentence. Cyberstalking is a Class 4 felony. A | ||||||
7 | second or subsequent
conviction for cyberstalking is a Class 3 | ||||||
8 | felony.
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9 | (c) For purposes of this Section: | ||||||
10 | (1) "Course of conduct" means 2 or more acts, including | ||||||
11 | but not limited to acts in which a defendant directly, | ||||||
12 | indirectly, or through third parties, by any action, | ||||||
13 | method, device, or means follows, monitors, observes, | ||||||
14 | surveils, threatens, or communicates to or about, a person, | ||||||
15 | engages in other non-consensual contact, or interferes | ||||||
16 | with or damages a person's property or pet. The | ||||||
17 | incarceration in a penal institution of a person who | ||||||
18 | commits the course of conduct is not a bar to prosecution | ||||||
19 | under this Section. | ||||||
20 | (2) "Electronic communication" means any transfer of | ||||||
21 | signs, signals, writings, sounds, data, or intelligence of | ||||||
22 | any nature transmitted in whole or in part by a wire, | ||||||
23 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
24 | system. "Electronic communication" includes transmissions | ||||||
25 | by a computer through the Internet to another computer. | ||||||
26 | (3) "Emotional distress" means significant mental |
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1 | suffering, anxiety or alarm. | ||||||
2 | (4) "Harass"
means to engage in a knowing and willful | ||||||
3 | course of conduct directed at a
specific person
that | ||||||
4 | alarms, torments, or terrorizes that person. | ||||||
5 | (5) "Non-consensual contact" means any contact with | ||||||
6 | the victim that is initiated or continued without the | ||||||
7 | victim's consent, including but not limited to being in the | ||||||
8 | physical presence of the victim; appearing within the sight | ||||||
9 | of the victim; approaching or confronting the victim in a | ||||||
10 | public place or on private property; appearing at the | ||||||
11 | workplace or residence of the victim; entering onto or | ||||||
12 | remaining on property owned, leased, or occupied by the | ||||||
13 | victim; or placing an object on, or delivering an object | ||||||
14 | to, property owned, leased, or occupied by the victim. | ||||||
15 | (6) "Reasonable person" means a person in the victim's | ||||||
16 | circumstances, with the victim's knowledge of the | ||||||
17 | defendant and the defendant's prior acts. | ||||||
18 | (7) "Third party" means any person other than the | ||||||
19 | person violating these provisions and the person or persons | ||||||
20 | towards whom the violator's actions are directed. | ||||||
21 | (d) Telecommunications carriers, commercial mobile service | ||||||
22 | providers, and providers of information services, including, | ||||||
23 | but not limited to, Internet service providers and hosting | ||||||
24 | service providers, are not liable under this Section, except | ||||||
25 | for willful and wanton misconduct, by virtue of the | ||||||
26 | transmission, storage, or caching of electronic communications |
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1 | or messages of others or by virtue of the provision of other | ||||||
2 | related telecommunications, commercial mobile services, or | ||||||
3 | information services used by others in violation of this | ||||||
4 | Section. | ||||||
5 | (Source: P.A. 95-849, eff. 1-1-09; revised 9-10-08.)
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6 | Section 97. Severability. The provisions of this Act are | ||||||
7 | severable under Section 1.31 of the Statute on Statutes.".
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