Illinois General Assembly - Bill Status for HB2542

Amends the Criminal Code of 1961. Changes the elements of the offenses of stalking and cyberstalking. Provides that a person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress. Provides that if the conduct is committed using electronic communication, the offense is cyberstalking. Provides that a person also commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, violates a stalking no contact order or a civil no contact order. Retains the same penalties for the offenses.

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Adds elements to the offenses of stalking, aggravated stalking, and cyberstalking. Provides that a person also commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to: (1) fear for his or her safety or the safety of a third person; or (2) suffer other emotional distress. Provides that if the conduct is committed using electronic communication, the offense is cyberstalking. Provides that a person also commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, violates a stalking no contact order or a civil no contact order. Provides that the provisions relating to stalking and aggravated stalking do not apply to any individual or organization monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. Provides that telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under these provisions, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of these provisions. Retains the same penalties for the offenses.

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