Sen. Toi W. Hutchinson

Filed: 5/15/2009

 

 


 

 


 
09600HB2542sam002 LRB096 10797 RLC 26703 a

1
AMENDMENT TO HOUSE BILL 2542

2     AMENDMENT NO. ______. Amend House Bill 2542 by replacing
3 everything after the enacting clause with the following:
 
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:
 
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

 

 

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1 occasions follows another person or places the person under
2 surveillance or any combination thereof and:
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
7         (2) places that person in reasonable apprehension of
8     immediate or future bodily harm, sexual assault,
9     confinement or restraint; or
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.
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:
16         (1) follows that same person or places that same person
17     under surveillance; and
18         (2) transmits a threat of immediate or future bodily
19     harm, sexual assault, confinement or restraint; and
20         (3) the threat is directed towards that person or a
21     family member of that person.
22     (b) Sentence. Stalking is a Class 4 felony. A second or
23 subsequent conviction for stalking is a Class 3 felony.
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
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.
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.
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.
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
14 movements are confined to a small area. "Follows another
15 person" does not include a following within the residence of
16 the defendant.
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
21 pension or retirement provisions, the making or maintaining of
22 collective bargaining agreements, and the terms to be included
23 in those agreements.
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.
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
7 regularly resides in the household, or who, within the prior 6
8 months, regularly resided in the household.
9 (Source: P.A. 95-33, eff. 1-1-08.)
 
10     (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
11     Sec. 12-7.4. Aggravated stalking.
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:
15         (1) causes bodily harm to the victim;
16         (2) confines or restrains the victim; or
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.
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.
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.
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.
2 (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff.
3 8-18-95.)
 
4     (720 ILCS 5/12-7.5)
5     Sec. 12-7.5. Cyberstalking.
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:
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
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
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:
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.
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
5 computer through the Internet to another computer.
6     (b) (c) Sentence. Cyberstalking is a Class 4 felony. A
7 second or subsequent conviction for cyberstalking is a Class 3
8 felony.
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.)
 
6     Section 97. Severability. The provisions of this Act are
7 severable under Section 1.31 of the Statute on Statutes.".