HB2542 Enrolled LRB096 10797 RLC 21009 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 12-7.3, 12-7.4, and 12-7.5 as follows:
 
6     (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
7     Sec. 12-7.3. Stalking.
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:
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
23         (2) places that person in reasonable apprehension of

 

 

HB2542 Enrolled - 2 - LRB096 10797 RLC 21009 b

1     immediate or future bodily harm, sexual assault,
2     confinement or restraint; or
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.
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:
9         (1) follows that same person or places that same person
10     under surveillance; and
11         (2) transmits a threat of immediate or future bodily
12     harm, sexual assault, confinement or restraint; and
13         (3) the threat is directed towards that person or a
14     family member of that person.
15     (b) Sentence. Stalking is a Class 4 felony. A second or
16 subsequent conviction for stalking is a Class 3 felony.
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

 

 

HB2542 Enrolled - 3 - LRB096 10797 RLC 21009 b

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

 

 

HB2542 Enrolled - 4 - LRB096 10797 RLC 21009 b

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
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

 

 

HB2542 Enrolled - 5 - LRB096 10797 RLC 21009 b

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) (b-5) The incarceration of a person in a penal
17 institution who commits the course of conduct or transmits a
18 threat is not a bar to prosecution under this Section.
19     (c) Exemption. This Section does not apply to picketing
20 occurring at the workplace that is otherwise lawful and arises
21 out of a bona fide labor dispute, or any exercise of the right
22 of free speech or assembly that is otherwise lawful.
23     (d) For the purpose of this Section, a defendant "places a
24 person under surveillance" by: (1) remaining present outside
25 the person's school, place of employment, vehicle, other place
26 occupied by the person, or residence other than the residence

 

 

HB2542 Enrolled - 6 - LRB096 10797 RLC 21009 b

1 of the defendant; or (2) placing an electronic tracking device
2 on the person or the person's property.
3     (e) For the purpose of this Section, "follows another
4 person" means (i) to move in relative proximity to a person as
5 that person moves from place to place or (ii) to remain in
6 relative proximity to a person who is stationary or whose
7 movements are confined to a small area. "Follows another
8 person" does not include a following within the residence of
9 the defendant.
10     (f) For the purposes of this Section and Section 12-7.4,
11 "bona fide labor dispute" means any controversy concerning
12 wages, salaries, hours, working conditions, or benefits,
13 including health and welfare, sick leave, insurance, and
14 pension or retirement provisions, the making or maintaining of
15 collective bargaining agreements, and the terms to be included
16 in those agreements.
17     (g) For the purposes of this Section, "transmits a threat"
18 means a verbal or written threat or a threat implied by a
19 pattern of conduct or a combination of verbal or written
20 statements or conduct.
21     (h) For the purposes of this Section, "family member" means
22 a parent, grandparent, brother, sister, or child, whether by
23 whole blood, half-blood, or adoption and includes a
24 step-grandparent, step-parent, step-brother, step-sister or
25 step-child. "Family member" also means any other person who
26 regularly resides in the household, or who, within the prior 6

 

 

HB2542 Enrolled - 7 - LRB096 10797 RLC 21009 b

1 months, regularly resided in the household.
2 (Source: P.A. 95-33, eff. 1-1-08.)
 
3     (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
4     Sec. 12-7.4. Aggravated stalking.
5     (a) A person commits aggravated stalking when he or she, in
6 conjunction with committing the offense of stalking, also does
7 any of the following:
8         (1) causes bodily harm to the victim;
9         (2) confines or restrains the victim; or
10         (3) violates a temporary restraining order, an order of
11     protection, a stalking no contact order, a civil no contact
12     order, or an injunction prohibiting the behavior described
13     in subsection (b)(1) of Section 214 of the Illinois
14     Domestic Violence Act of 1986.
15     (b) Sentence. Aggravated stalking is a Class 3 felony. A
16 second or subsequent conviction for aggravated stalking is a
17 Class 2 felony.
18     (c) Exemptions Exemption.
19         (1) This Section does not apply to any individual or
20     organization (i) monitoring or attentive to compliance
21     with public or worker safety laws, wage and hour
22     requirements, or other statutory requirements, or (ii)
23     picketing occurring at the workplace that is otherwise
24     lawful and arises out of a bona fide labor dispute
25     including any controversy concerning wages, salaries,

 

 

HB2542 Enrolled - 8 - LRB096 10797 RLC 21009 b

1     hours, working conditions or benefits, including health
2     and welfare, sick leave, insurance, and pension or
3     retirement provisions, the managing or maintenance of
4     collective bargaining agreements, and the terms to be
5     included in those agreements. , or any
6         (2) This Section does not apply to an exercise of the
7     right of free speech or assembly that is otherwise lawful.
8         (3) Telecommunications carriers, commercial mobile
9     service providers, and providers of information services,
10     including, but not limited to, Internet service providers
11     and hosting service providers, are not liable under this
12     Section, except for willful and wanton misconduct, by
13     virtue of the transmission, storage, or caching of
14     electronic communications or messages of others or by
15     virtue of the provision of other related
16     telecommunications, commercial mobile services, or
17     information services used by others in violation of this
18     Section.
19     (d) For purposes of this Section, "bona fide labor dispute"
20 has the meaning ascribed to it in Section 12-7.3.
21 (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff.
22 8-18-95.)
 
23     (720 ILCS 5/12-7.5)
24     Sec. 12-7.5. Cyberstalking.
25     (a) A person commits cyberstalking when he or she engages

 

 

HB2542 Enrolled - 9 - LRB096 10797 RLC 21009 b

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:
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
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
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:

 

 

HB2542 Enrolled - 10 - LRB096 10797 RLC 21009 b

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.
12     (b) As used in this Section:
13     "Harass" means to engage in a knowing and willful course of
14 conduct directed at a specific person that alarms, torments, or
15 terrorizes that person.
16     "Third party" means any person other than the person
17 violating these provisions and the person or persons towards
18 whom the violator's actions are directed.
19     "Electronic communication" means any transfer of signs,
20 signals, writings, sounds, data, or intelligence of any nature
21 transmitted in whole or in part by a wire, radio,
22 electronmagnetic, photoelectric, or photo-optical system.
23 "Electronic communication" includes transmissions by a
24 computer through the Internet to another computer.
25     (b) (c) Sentence. Cyberstalking is a Class 4 felony. A
26 second or subsequent conviction for cyberstalking is a Class 3

 

 

HB2542 Enrolled - 11 - LRB096 10797 RLC 21009 b

1 felony.
2     (c) For purposes of this Section:
3         (1) "Course of conduct" means 2 or more acts, including
4     but not limited to acts in which a defendant directly,
5     indirectly, or through third parties, by any action,
6     method, device, or means follows, monitors, observes,
7     surveils, threatens, or communicates to or about, a person,
8     engages in other non-consensual contact, or interferes
9     with or damages a person's property or pet. The
10     incarceration in a penal institution of a person who
11     commits the course of conduct is not a bar to prosecution
12     under this Section.
13         (2) "Electronic communication" means any transfer of
14     signs, signals, writings, sounds, data, or intelligence of
15     any nature transmitted in whole or in part by a wire,
16     radio, electromagnetic, photoelectric, or photo-optical
17     system. "Electronic communication" includes transmissions
18     by a computer through the Internet to another computer.
19         (3) "Emotional distress" means significant mental
20     suffering, anxiety or alarm.
21         (4) "Harass" means to engage in a knowing and willful
22     course of conduct directed at a specific person that
23     alarms, torments, or terrorizes that person.
24         (5) "Non-consensual contact" means any contact with
25     the victim that is initiated or continued without the
26     victim's consent, including but not limited to being in the

 

 

HB2542 Enrolled - 12 - LRB096 10797 RLC 21009 b

1     physical presence of the victim; appearing within the sight
2     of the victim; approaching or confronting the victim in a
3     public place or on private property; appearing at the
4     workplace or residence of the victim; entering onto or
5     remaining on property owned, leased, or occupied by the
6     victim; or placing an object on, or delivering an object
7     to, property owned, leased, or occupied by the victim.
8         (6) "Reasonable person" means a person in the victim's
9     circumstances, with the victim's knowledge of the
10     defendant and the defendant's prior acts.
11         (7) "Third party" means any person other than the
12     person violating these provisions and the person or persons
13     towards whom the violator's actions are directed.
14     (d) Telecommunications carriers, commercial mobile service
15 providers, and providers of information services, including,
16 but not limited to, Internet service providers and hosting
17 service providers, are not liable under this Section, except
18 for willful and wanton misconduct, by virtue of the
19 transmission, storage, or caching of electronic communications
20 or messages of others or by virtue of the provision of other
21 related telecommunications, commercial mobile services, or
22 information services used by others in violation of this
23 Section.
24 (Source: P.A. 95-849, eff. 1-1-09; revised 9-10-08.)
 
25     Section 97. Severability. The provisions of this Act are

 

 

HB2542 Enrolled - 13 - LRB096 10797 RLC 21009 b

1 severable under Section 1.31 of the Statute on Statutes.