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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Sections 12-7.3, 12-7.4, 12-7.5, and 12-30 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 | ||||||
17 | occasions follows
another person
or places the person under | ||||||
18 | surveillance or any combination thereof and:
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19 | (1) at any time transmits a threat of immediate or | ||||||
20 | future bodily harm, sexual
assault, confinement or | ||||||
21 | restraint and the threat is directed towards that
person or | ||||||
22 | a family member of that
person; or
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23 | (2) places that person in reasonable apprehension of |
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1 | immediate or future
bodily harm, sexual assault, | ||||||
2 | confinement or restraint; or
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3 | (3) places that person in reasonable apprehension that | ||||||
4 | a family member
will receive immediate or future bodily | ||||||
5 | harm, sexual assault, confinement, or
restraint.
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6 | (a-5) A person commits stalking when he or she has | ||||||
7 | previously been
convicted of stalking another person and | ||||||
8 | knowingly and without lawful
justification on one occasion:
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9 | (1) follows that same person or places that same person | ||||||
10 | under
surveillance; and
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11 | (2) transmits a threat of immediate or future bodily | ||||||
12 | harm, sexual
assault, confinement or restraint; and
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13 | (3) the threat is directed towards that person or a | ||||||
14 | family member of
that person.
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15 | (b) Sentence.
Stalking is a Class 4 felony. A second or | ||||||
16 | subsequent
conviction for stalking is a Class 3 felony.
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17 | (c) Definitions. For purposes of this Section: | ||||||
18 | (1) "Course of conduct" means 2 or more acts, including | ||||||
19 | but not limited to acts in which a defendant directly, | ||||||
20 | indirectly, or through third parties, by any action, | ||||||
21 | method, device, or means follows, monitors, observes, | ||||||
22 | surveils, threatens, or communicates to or about, a person, | ||||||
23 | engages in other non-consensual contact, or interferes | ||||||
24 | with or damages a person's property or pet. A course of | ||||||
25 | conduct may include contact via electronic communications. | ||||||
26 | (2) "Electronic communication" means any transfer of |
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1 | signs, signals, writings, sounds, data, or intelligence of | ||||||
2 | any nature transmitted in whole or in part by a wire, | ||||||
3 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
4 | system. "Electronic communication" includes transmissions | ||||||
5 | by a computer through the Internet to another computer. | ||||||
6 | (3) "Emotional distress" means significant mental | ||||||
7 | suffering, anxiety or alarm. | ||||||
8 | (4) "Family member" means a parent,
grandparent, | ||||||
9 | brother, sister, or child, whether by whole blood, | ||||||
10 | half-blood, or
adoption and includes a step-grandparent, | ||||||
11 | step-parent, step-brother,
step-sister or step-child. | ||||||
12 | "Family member" also means any other person who
regularly | ||||||
13 | resides in the household, or who, within the prior 6 | ||||||
14 | months,
regularly resided in the household. | ||||||
15 | (5) "Follows another person" means (i) to
move in | ||||||
16 | relative proximity to a person as that person moves from | ||||||
17 | place to place
or (ii) to remain in relative proximity to a | ||||||
18 | person who is stationary or whose
movements are confined to | ||||||
19 | a small area.
"Follows another person" does not
include a | ||||||
20 | following within the residence of the defendant. | ||||||
21 | (6) "Non-consensual contact" means any contact with | ||||||
22 | the victim that is initiated or continued without the | ||||||
23 | victim's consent, including but not limited to being in the | ||||||
24 | physical presence of the victim; appearing within the sight | ||||||
25 | of the victim; approaching or confronting the victim in a | ||||||
26 | public place or on private property; appearing at the |
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1 | workplace or residence of the victim; entering onto or | ||||||
2 | remaining on property owned, leased, or occupied by the | ||||||
3 | victim; or placing an object on, or delivering an object | ||||||
4 | to, property owned, leased, or occupied by the victim. | ||||||
5 | (7) "Places a person under
surveillance" means: (1) | ||||||
6 | remaining present outside the person's school, place of
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7 | employment, vehicle, other place occupied by the person, or | ||||||
8 | residence other
than the residence of the defendant; or (2) | ||||||
9 | placing an electronic tracking device on the person or the | ||||||
10 | person's property. | ||||||
11 | (8) "Reasonable person" means a person in the victim's | ||||||
12 | situation. | ||||||
13 | (9) "Transmits a threat" means a verbal
or
written | ||||||
14 | threat or a threat implied by a pattern of conduct or a | ||||||
15 | combination of
verbal or written statements or conduct. | ||||||
16 | (d) Exemptions. | ||||||
17 | (1) This Section does not apply to any individual or | ||||||
18 | organization (i) monitoring or attentive to compliance | ||||||
19 | with public or worker safety laws, wage and hour | ||||||
20 | requirements, or other statutory requirements, or (ii) | ||||||
21 | picketing occurring at the workplace that is otherwise | ||||||
22 | lawful and arises out of a bona fide labor dispute, | ||||||
23 | including any controversy concerning wages, salaries, | ||||||
24 | hours, working conditions or benefits, including health | ||||||
25 | and welfare, sick leave, insurance, and pension or | ||||||
26 | retirement provisions, the making or maintaining of |
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1 | collective bargaining agreements, and the terms to be | ||||||
2 | included in those agreements. | ||||||
3 | (2) This Section does not apply to an exercise of the | ||||||
4 | right to free speech or assembly that is otherwise lawful. | ||||||
5 | (3) Telecommunications carriers, commercial mobile | ||||||
6 | service providers, and providers of information services, | ||||||
7 | including, but not limited to, Internet service providers | ||||||
8 | and hosting service providers, are not liable under this | ||||||
9 | Section, except for willful and wanton misconduct, by | ||||||
10 | virtue of the transmission, storage, or caching of | ||||||
11 | electronic communications or messages of others or by | ||||||
12 | virtue of the provision of other related | ||||||
13 | telecommunications, commercial mobile services, or | ||||||
14 | information services used by others in violation of this | ||||||
15 | Section. | ||||||
16 | (d-5) The incarceration of a person in a penal institution | ||||||
17 | who commits the course of conduct or transmits a
threat is not | ||||||
18 | a bar to prosecution under this Section.
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19 | (d-10) A defendant who directed the actions of a third | ||||||
20 | party to violate this Section, under the principles of | ||||||
21 | accountability set forth in Article 5 of this Code, is guilty | ||||||
22 | of violating this Section as if the same had been personally | ||||||
23 | done by the defendant, without regard to the mental state of | ||||||
24 | the third party acting at the direction of the defendant. | ||||||
25 | (Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)
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1 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
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2 | Sec. 12-7.4. Aggravated stalking.
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3 | (a) A person commits
aggravated stalking when he or she, in | ||||||
4 | conjunction with committing the
offense of stalking,
also does | ||||||
5 | any of the following:
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6 | (1) causes bodily harm to the victim;
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7 | (2) confines or restrains the victim; or
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8 | (3) violates a temporary
restraining order, an order of | ||||||
9 | protection, a stalking no contact order, a civil no contact | ||||||
10 | order, or an injunction
prohibiting the behavior described | ||||||
11 | in
subsection (b)(1) of Section 214 of the Illinois | ||||||
12 | Domestic Violence Act of 1986.
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13 | (b) Sentence. Aggravated stalking is a Class 3 felony. A | ||||||
14 | second or
subsequent conviction for aggravated stalking is a | ||||||
15 | Class 2
felony.
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16 | (c) Exemptions. | ||||||
17 | (1) This Section does not apply to any individual or | ||||||
18 | organization (i) monitoring or attentive to compliance | ||||||
19 | with public or worker safety laws, wage and hour | ||||||
20 | requirements, or other statutory requirements, or (ii) | ||||||
21 | picketing occurring at the
workplace that is otherwise | ||||||
22 | lawful and arises out of a bona fide labor
dispute | ||||||
23 | including any controversy concerning wages, salaries, | ||||||
24 | hours, working conditions or benefits, including health | ||||||
25 | and welfare, sick leave, insurance, and pension or | ||||||
26 | retirement provisions, the managing or maintenance of |
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1 | collective bargaining agreements, and the terms to be | ||||||
2 | included in those agreements. | ||||||
3 | (2) This Section does not apply to an exercise of the | ||||||
4 | right of free speech or assembly that is
otherwise lawful.
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5 | (3) Telecommunications carriers, commercial mobile | ||||||
6 | service providers, and providers of information services, | ||||||
7 | including, but not limited to, Internet service providers | ||||||
8 | and hosting service providers, are not liable under this | ||||||
9 | Section, except for willful and wanton misconduct, by | ||||||
10 | virtue of the transmission, storage, or caching of | ||||||
11 | electronic communications or messages of others or by | ||||||
12 | virtue of the provision of other related | ||||||
13 | telecommunications, commercial mobile services, or | ||||||
14 | information services used by others in violation of this | ||||||
15 | Section.
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16 | (d) A defendant who directed the actions of a third party | ||||||
17 | to violate this Section, under the principles of accountability | ||||||
18 | set forth in Article 5 of this Code, is guilty of violating | ||||||
19 | this Section as if the same had been personally done by the | ||||||
20 | defendant, without regard to the mental state of the third | ||||||
21 | party acting at the direction of the defendant. | ||||||
22 | (Source: P.A. 96-686, eff. 1-1-10.)
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23 | (720 ILCS 5/12-7.5)
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24 | Sec. 12-7.5. Cyberstalking.
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25 | (a) A person commits cyberstalking when he or she engages |
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1 | in a course of conduct using electronic communication directed | ||||||
2 | at a specific person, and he or she knows or should know that | ||||||
3 | would cause a reasonable person to: | ||||||
4 | (1) fear for his or her safety or the safety of a third | ||||||
5 | person; or | ||||||
6 | (2) suffer other emotional distress. | ||||||
7 | (a-3) A person commits cyberstalking when he or she, | ||||||
8 | knowingly and without
lawful justification, on at least 2 | ||||||
9 | separate occasions, harasses another person
through the use of | ||||||
10 | electronic communication and:
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11 | (1) at any time transmits a threat of immediate or | ||||||
12 | future bodily harm,
sexual assault, confinement, or | ||||||
13 | restraint and the threat is directed towards
that person or | ||||||
14 | a family member of that person; or
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15 | (2) places that person or a family member of that | ||||||
16 | person in reasonable
apprehension of immediate or future | ||||||
17 | bodily harm, sexual assault, confinement,
or restraint; or
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18 | (3) at any time knowingly solicits the commission of an | ||||||
19 | act by any person which would be a violation of this Code | ||||||
20 | directed towards that person or a family member of that | ||||||
21 | person. | ||||||
22 | (a-5) A person commits cyberstalking when he or she, | ||||||
23 | knowingly and without lawful justification, creates and | ||||||
24 | maintains an Internet website or webpage which is accessible to | ||||||
25 | one or more third parties for a period of at least 24 hours, | ||||||
26 | and which contains statements harassing another person and: |
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1 | (1) which communicates a threat of immediate or future | ||||||
2 | bodily harm, sexual assault, confinement, or restraint, | ||||||
3 | where the threat is directed towards that person or a | ||||||
4 | family member of that person, or | ||||||
5 | (2) which places that person or a family member of that | ||||||
6 | person in reasonable apprehension of immediate or future | ||||||
7 | bodily harm, sexual assault, confinement, or restraint, or | ||||||
8 | (3) which knowingly solicits the commission of an act | ||||||
9 | by any person which would be a violation of this Code | ||||||
10 | directed towards that person or a family member of that | ||||||
11 | person.
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12 | (b) Sentence. Cyberstalking is a Class 4 felony. A second | ||||||
13 | or subsequent
conviction for cyberstalking is a Class 3 felony.
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14 | (c) For purposes of this Section: | ||||||
15 | (1) "Course of conduct" means 2 or more acts, including | ||||||
16 | but not limited to acts in which a defendant directly, | ||||||
17 | indirectly, or through third parties, by any action, | ||||||
18 | method, device, or means follows, monitors, observes, | ||||||
19 | surveils, threatens, or communicates to or about, a person, | ||||||
20 | engages in other non-consensual contact, or interferes | ||||||
21 | with or damages a person's property or pet. The | ||||||
22 | incarceration in a penal institution of a person who | ||||||
23 | commits the course of conduct is not a bar to prosecution | ||||||
24 | under this Section. | ||||||
25 | (2) "Electronic communication" means any transfer of | ||||||
26 | signs, signals, writings, sounds, data, or intelligence of |
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| |||||||
1 | any nature transmitted in whole or in part by a wire, | ||||||
2 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
3 | system. "Electronic communication" includes transmissions | ||||||
4 | by a computer through the Internet to another computer. | ||||||
5 | (3) "Emotional distress" means significant mental | ||||||
6 | suffering, anxiety or alarm. | ||||||
7 | (4) "Harass"
means to engage in a knowing and willful | ||||||
8 | course of conduct directed at a
specific person
that | ||||||
9 | alarms, torments, or terrorizes that person. | ||||||
10 | (5) "Non-consensual contact" means any contact with | ||||||
11 | the victim that is initiated or continued without the | ||||||
12 | victim's consent, including but not limited to being in the | ||||||
13 | physical presence of the victim; appearing within the sight | ||||||
14 | of the victim; approaching or confronting the victim in a | ||||||
15 | public place or on private property; appearing at the | ||||||
16 | workplace or residence of the victim; entering onto or | ||||||
17 | remaining on property owned, leased, or occupied by the | ||||||
18 | victim; or placing an object on, or delivering an object | ||||||
19 | to, property owned, leased, or occupied by the victim. | ||||||
20 | (6) "Reasonable person" means a person in the victim's | ||||||
21 | circumstances, with the victim's knowledge of the | ||||||
22 | defendant and the defendant's prior acts. | ||||||
23 | (7) "Third party" means any person other than the | ||||||
24 | person violating these provisions and the person or persons | ||||||
25 | towards whom the violator's actions are directed. | ||||||
26 | (d) Telecommunications carriers, commercial mobile service |
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| |||||||
1 | providers, and providers of information services, including, | ||||||
2 | but not limited to, Internet service providers and hosting | ||||||
3 | service providers, are not liable under this Section, except | ||||||
4 | for willful and wanton misconduct, by virtue of the | ||||||
5 | transmission, storage, or caching of electronic communications | ||||||
6 | or messages of others or by virtue of the provision of other | ||||||
7 | related telecommunications, commercial mobile services, or | ||||||
8 | information services used by others in violation of this | ||||||
9 | Section. | ||||||
10 | (e) A defendant who directed the actions of a third party | ||||||
11 | to violate this Section, under the principles of accountability | ||||||
12 | set forth in Article 5 of this Code, is guilty of violating | ||||||
13 | this Section as if the same had been personally done by the | ||||||
14 | defendant, without regard to the mental state of the third | ||||||
15 | party acting at the direction of the defendant. | ||||||
16 | (Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09; | ||||||
17 | 96-686, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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18 | (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
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19 | Sec. 12-30. Violation of an order of protection.
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20 | (a) A person commits violation of an order of protection | ||||||
21 | if:
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22 | (1) He or she commits an act which was prohibited by a | ||||||
23 | court or fails
to commit
an act which was ordered by a | ||||||
24 | court in violation of:
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25 | (i) a remedy in a valid
order of protection |
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1 | authorized under paragraphs (1), (2), (3), (14),
or
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2 | (14.5) of
subsection (b) of Section 214 of the Illinois | ||||||
3 | Domestic Violence Act of 1986,
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4 | (ii) a remedy, which is substantially similar to | ||||||
5 | the remedies
authorized
under paragraphs (1), (2), | ||||||
6 | (3), (14) or (14.5) of subsection (b) of Section 214
of | ||||||
7 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
8 | order of protection,
which is authorized under the laws | ||||||
9 | of another state, tribe or United States
territory,
| ||||||
10 | (iii) any other remedy when the act constitutes a | ||||||
11 | crime against the
protected parties
as the term | ||||||
12 | protected parties is defined in Section 112A-4 of the | ||||||
13 | Code of
Criminal Procedure of 1963; and
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14 | (2) Such violation occurs after the offender has been | ||||||
15 | served notice of
the contents of the order, pursuant to the | ||||||
16 | Illinois Domestic Violence
Act of 1986 or any substantially | ||||||
17 | similar statute of another state, tribe or
United
States | ||||||
18 | territory, or otherwise has acquired actual knowledge of | ||||||
19 | the contents
of the
order.
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20 | An order of protection issued by a state, tribal or | ||||||
21 | territorial
court
related to domestic or family violence shall | ||||||
22 | be deemed valid if the issuing
court had jurisdiction over the | ||||||
23 | parties and matter under the law of the state,
tribe or | ||||||
24 | territory. There shall be a presumption of validity where an | ||||||
25 | order is
certified and appears authentic on its face.
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26 | (a-5) Failure to provide reasonable notice and opportunity |
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1 | to be heard
shall
be an affirmative defense to any charge or | ||||||
2 | process filed seeking enforcement of
a foreign order of | ||||||
3 | protection.
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4 | (b) For purposes of this Section, an "order of protection" | ||||||
5 | may have been
issued in a criminal or civil proceeding.
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6 | (c) Nothing in this Section shall be construed to diminish | ||||||
7 | the inherent
authority of the courts to enforce their lawful | ||||||
8 | orders through civil or
criminal contempt proceedings.
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9 | (d) Violation of an order of protection under subsection | ||||||
10 | (a) of this
Section is a Class A misdemeanor.
Violation of an | ||||||
11 | order of protection under subsection (a) of this Section is a
| ||||||
12 | Class 4 felony if the defendant has any prior conviction under | ||||||
13 | this Code for
domestic battery (Section 12-3.2)
or violation of | ||||||
14 | an order of protection (Section
12-30). Violation of an order | ||||||
15 | of protection is a Class 4 felony if the
defendant has any | ||||||
16 | prior conviction under this Code for
first degree murder | ||||||
17 | (Section 9-1), attempt to commit first degree murder
(Section | ||||||
18 | 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | ||||||
19 | battery
(Section 12-4),
heinous battery (Section 12-4.1), | ||||||
20 | aggravated battery with a firearm (Section
12-4.2), aggravated | ||||||
21 | battery of a child (Section 12-4.3), aggravated battery of
an | ||||||
22 | unborn child (Section 12-4.4), aggravated battery of a senior | ||||||
23 | citizen
(Section 12-4.6),
stalking (Section 12-7.3), | ||||||
24 | aggravated stalking (Section
12-7.4),
criminal sexual assault | ||||||
25 | (Section 12-13), aggravated criminal sexual assault
(12-14), | ||||||
26 | kidnapping (Section 10-1), aggravated kidnapping (Section |
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| |||||||
1 | 10-2),
predatory criminal sexual assault of a child (Section | ||||||
2 | 12-14.1),
aggravated criminal sexual abuse (Section 12-16),
| ||||||
3 | unlawful restraint (Section 10-3), aggravated unlawful | ||||||
4 | restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), | ||||||
5 | or aggravated discharge of a firearm
(Section 24-1.2),
when any | ||||||
6 | of these offenses have been committed against a family or
| ||||||
7 | household member as defined in Section 112A-3 of the Code of | ||||||
8 | Criminal Procedure
of 1963. The court shall impose a minimum | ||||||
9 | penalty of 24 hours imprisonment for
defendant's second or | ||||||
10 | subsequent violation of any order of protection; unless
the | ||||||
11 | court explicitly finds that an increased penalty or such period | ||||||
12 | of
imprisonment would be manifestly unjust. In addition to any | ||||||
13 | other penalties,
the court may order the defendant to pay a | ||||||
14 | fine as authorized under Section
5-9-1 of the Unified Code of | ||||||
15 | Corrections or to make restitution to the victim
under Section | ||||||
16 | 5-5-6 of the Unified Code of Corrections. In addition to any
| ||||||
17 | other penalties, including those imposed by Section 5-9-1.5 of | ||||||
18 | the Unified Code
of Corrections, the court shall impose an | ||||||
19 | additional fine of $20 as authorized
by Section 5-9-1.11 of the | ||||||
20 | Unified Code of Corrections upon any person
convicted of or | ||||||
21 | placed on supervision for a violation of this
Section. The | ||||||
22 | additional fine shall
be imposed for each violation of this | ||||||
23 | Section.
| ||||||
24 | (e) The limitations placed on law enforcement liability by | ||||||
25 | Section 305 of
the Illinois Domestic Violence Act of 1986 apply | ||||||
26 | to actions taken under this
Section.
|
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| |||||||
1 | (f) A defendant who directed the actions of a third party | ||||||
2 | to violate this Section, under the principles of accountability | ||||||
3 | set forth in Article 5 of this Code, is guilty of violating | ||||||
4 | this Section as if the same had been personally done by the | ||||||
5 | defendant, without regard to the mental state of the third | ||||||
6 | party acting at the direction of the defendant. | ||||||
7 | (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | ||||||
8 | 92-827, eff.
8-22-02.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law. |