Sen. John G. Mulroe
Filed: 5/10/2011
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| 1 | AMENDMENT TO HOUSE BILL 277
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| 2 | AMENDMENT NO. ______. Amend House Bill 277 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 Section 12-7.4 as follows:
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| 6 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
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| 7 | (Text of Section after amendment by P.A. 96-1551)
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| 8 | Sec. 12-7.4. Aggravated stalking.
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| 9 | (a) A person commits
aggravated stalking when he or she | ||||||
| 10 | commits stalking and:
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| 11 | (1) causes bodily harm to the victim;
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| 12 | (2) confines or restrains the victim; or
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| 13 | (3) violates a temporary
restraining order, an order of | ||||||
| 14 | protection, a stalking no contact order, a civil no contact | ||||||
| 15 | order, or an injunction
prohibiting the behavior described | ||||||
| 16 | in
subsection (b)(1) of Section 214 of the Illinois | ||||||
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| 1 | Domestic Violence Act of 1986.
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| 2 | (a-1) A person commits
aggravated stalking when he or she | ||||||
| 3 | is required to register under the Sex Offender Registration Act | ||||||
| 4 | or has been previously required to register under that Act and | ||||||
| 5 | commits the offense of stalking when the victim of the stalking | ||||||
| 6 | is also the victim of the offense for which the sex offender is | ||||||
| 7 | required to register under the Sex Offender Registration Act or | ||||||
| 8 | a family member of the victim. | ||||||
| 9 | (b) Sentence. Aggravated stalking is a Class 3 felony; a | ||||||
| 10 | second or
subsequent conviction is a Class 2
felony.
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| 11 | (c) Exemptions. | ||||||
| 12 | (1) This Section does not apply to any individual or | ||||||
| 13 | organization (i) monitoring or attentive to compliance | ||||||
| 14 | with public or worker safety laws, wage and hour | ||||||
| 15 | requirements, or other statutory requirements, or (ii) | ||||||
| 16 | picketing occurring at the
workplace that is otherwise | ||||||
| 17 | lawful and arises out of a bona fide labor
dispute | ||||||
| 18 | including any controversy concerning wages, salaries, | ||||||
| 19 | hours, working conditions or benefits, including health | ||||||
| 20 | and welfare, sick leave, insurance, and pension or | ||||||
| 21 | retirement provisions, the managing or maintenance of | ||||||
| 22 | collective bargaining agreements, and the terms to be | ||||||
| 23 | included in those agreements. | ||||||
| 24 | (2) This Section does not apply to an exercise of the | ||||||
| 25 | right of free speech or assembly that is
otherwise lawful.
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| 26 | (3) Telecommunications carriers, commercial mobile | ||||||
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| 1 | service providers, and providers of information services, | ||||||
| 2 | including, but not limited to, Internet service providers | ||||||
| 3 | and hosting service providers, are not liable under this | ||||||
| 4 | Section, except for willful and wanton misconduct, by | ||||||
| 5 | virtue of the transmission, storage, or caching of | ||||||
| 6 | electronic communications or messages of others or by | ||||||
| 7 | virtue of the provision of other related | ||||||
| 8 | telecommunications, commercial mobile services, or | ||||||
| 9 | information services used by others in violation of this | ||||||
| 10 | Section.
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| 11 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11.)".
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