SB0298 96TH GENERAL ASSEMBLY

LRB096 06020 RLC 16101 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0298

Introduced 2/6/2009, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-7.7 new
720 ILCS 5/12-7.8 new
720 ILCS 5/12-30.5 new

Amends the Criminal Code of 1961. Provides that a person may bring a civil action in a circuit court for a court's stalking protective order against a person if: (1) the person intentionally, knowingly, or recklessly engages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person; (2) it is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and (3) the repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household. Creates the offense of violating a court's stalking protective order. Provides that a first offense is a Class A misdemeanor and a second or subsequent offense is a Class 4 felony. Provides that the offense is a Class 4 felony if the defendant had a prior conviction for stalking or aggravated stalking. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to stalking.

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 adding Sections 12-7.7, 12-7.8, and 12-30.5 as follows:

(720 ILCS 5/12-7.7 new)

Sec. 12-7.7. Action for issuance or violation of stalking protective order.

(a) A person may bring a civil action in a circuit court for a court's stalking protective order against a person if:

(1) the person intentionally, knowingly, or recklessly engages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person;

(2) it is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and

(3) the repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.

(b) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court's stalking protective order that may include, but is not limited to: (1) prohibiting acts of stalking or aggravated stalking in violation of Section 12-7.3 or 12-7.4, (2) prohibiting such contacts by the respondent with the allegedly stalked person or that person's family or household members as the court deems necessary to protect the safety of those persons; and (3) any other conditions that the court deems necessary to prevent further acts of stalking or aggravated stalking, communication, or other contact of any kind by the respondent. The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.

(c) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court's stalking protective order. If the respondent fails to appear after being served as required by subsection (b) of this Section, the court may issue a warrant of arrest in order to ensure the appearance of the respondent in court.

(d) The court may award reasonable attorney's fees as follows:

(i) to the petitioner, if the petitioner is the prevailing party; or

(ii) to the respondent, if the respondent is the prevailing party and if the court determines that the petition is frivolous in nature.

(e) The court may enter an order under this Section against a minor respondent without appointment of a guardian ad litem.

(f) An action under this Section must be commenced within 2 years of the conduct giving rise to the claim.

(g) Proof of the claim shall be by a preponderance of the evidence.

(h) The remedy provided by this Section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.

(i) No filing fee, service fee, or hearing fee shall be charged for a proceeding under this Section if a court's stalking order is the only relief sought.

(j) If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent's ability to possess firearms and ammunition or engage in activities involving firearms.

(k) Section 12-7.8 applies to protective orders issued under this Section.

(720 ILCS 5/12-7.8 new)

Sec. 12-7.8. Service of order; entry of order into LEADS.

(a) Whenever a stalking protective order, as authorized by Section 12-7.7, is issued and the person to be restrained has actual notice of the order, the person serving the order shall deliver forthwith to the county sheriff a true copy of the order and an affidavit of proof of service on which it is stated that personal service of the order was made on the respondent. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service of the order is waived and accompanying proof of service is not necessary. Upon receipt of proof of service, when required, and a true copy of the order, the county sheriff shall forthwith enter the order into the Law Enforcement Agencies Data System (LEADS) maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice. The sheriff shall also provide the complainant with a true copy of the proof of service. Entry into the Law Enforcement Agencies Data System (LEADS) constitutes notice to all law enforcement agencies of the existence of such order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of such order may be informed of the existence and terms of the order. The order shall be fully enforceable in any county in this State. The complainant may elect to deliver documents personally to a county sheriff or to have them delivered by a private person for entry into the Law Enforcement Agencies Data System (LEADS) and the databases of the National Crime Information Center of the United States Department of Justice.

(b) When a stalking protective order has been entered into the Law Enforcement Agencies Data System (LEADS) and the databases of the National Crime Information Center of the United States Department of Justice under subsection (a) of this Section, a county sheriff shall cooperate with a request from a law enforcement agency from any other jurisdiction to verify the existence of the stalking protective order or to transmit a copy of the order to the requesting jurisdiction.

(c) When a stalking protective order described in subsection (a) of this Section is terminated by order of the court, the clerk of the court shall deliver forthwith a true copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Agencies Data System (LEADS) and the databases of the National Crime Information Center of the United States Department of Justice.

(720 ILCS 5/12-30.5 new)

Sec. 12-30.5. Violating a court's stalking protective order.

(a) A person commits the offense of violating a court's stalking protective order when:

(1) the person has been served with a court's stalking protective order as provided in Section 12-7.7 or if further service was waived under Section 12-7.8 because the person appeared before the court; and

(2) the person, subsequent to the service of the order, has engaged intentionally, knowingly, or recklessly in conduct prohibited by the order.

(b) Sentence.

(1) Violating a court's stalking protective order is a Class A misdemeanor.

(2) Violating a court's stalking protective order is a Class 4 felony if the person has a prior conviction for:

(A) stalking or aggravated stalking; or

(B) violating a court's stalking protective order.

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