Bill Status of HB2542  96th General Assembly


Short Description:  CRIM CD-STALKING&CYBERSTALKING

House Sponsors
Rep. Karen A. Yarbrough - Fred Crespo - Suzanne Bassi - David E. Miller - William Davis, Esther Golar, Lou Lang and Linda Chapa LaVia

Senate Sponsors
(Sen. Toi W. Hutchinson - A. J. Wilhelmi - Emil Jones, III - Michael Noland - Kimberly A. Lightford, Heather Steans, Don Harmon, Kwame Raoul, Mattie Hunter, Deanna Demuzio, Michael W. Frerichs, Ira I. Silverstein, John J. Millner, Jacqueline Y. Collins, Linda Holmes, David Koehler, John M. Sullivan, Louis S. Viverito, William R. Haine, M. Maggie Crotty, Pamela J. Althoff, Dan Kotowski, Chris Lauzen and Larry K. Bomke)

Last Action
DateChamber Action
  8/25/2009HousePublic Act . . . . . . . . . 96-0686

Statutes Amended In Order of Appearance
720 ILCS 5/12-7.3from Ch. 38, par. 12-7.3
720 ILCS 5/12-7.4from Ch. 38, par. 12-7.4
720 ILCS 5/12-7.5


Synopsis As Introduced
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.

Senate Floor Amendment No. 2
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.

Actions 
DateChamber Action
  2/20/2009HouseFiled with the Clerk by Rep. Karen A. Yarbrough
  2/20/2009HouseFirst Reading
  2/20/2009HouseReferred to Rules Committee
  2/25/2009HouseAssigned to Judiciary II - Criminal Law Committee
  3/4/2009HouseAdded Chief Co-Sponsor Rep. Suzanne Bassi
  3/5/2009HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
  3/5/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/5/2009HouseAdded Chief Co-Sponsor Rep. Fred Crespo
  3/5/2009HouseAdded Chief Co-Sponsor Rep. David E. Miller
  3/5/2009HouseAdded Chief Co-Sponsor Rep. William Davis
  3/5/2009HouseAdded Co-Sponsor Rep. Esther Golar
  3/5/2009HouseAdded Co-Sponsor Rep. Lou Lang
  3/19/2009HouseSecond Reading - Short Debate
  3/19/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2009HouseThird Reading - Short Debate - Passed 113-001-000
  3/25/2009SenateArrive in Senate
  3/25/2009SenatePlaced on Calendar Order of First Reading
  3/25/2009HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/25/2009SenateChief Senate Sponsor Sen. Toi W. Hutchinson
  3/25/2009SenateFirst Reading
  3/25/2009SenateReferred to Assignments
  4/15/2009SenateAssigned to Criminal Law
  4/22/2009SenatePostponed - Criminal Law
  4/29/2009SenateAdded as Alternate Chief Co-Sponsor Sen. A. J. Wilhelmi
  4/29/2009SenateAdded as Alternate Co-Sponsor Sen. Heather Steans
  4/29/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Emil Jones, III
  4/30/2009SenatePostponed - Criminal Law
  4/30/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  5/5/2009SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  5/5/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson
  5/5/2009SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/7/2009SenateDo Pass Criminal Law; 008-000-000
  5/7/2009SenatePlaced on Calendar Order of 2nd Reading May 12, 2009
  5/7/2009SenateAdded as Alternate Co-Sponsor Sen. Kwame Raoul
  5/7/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/7/2009SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/7/2009SenateAdded as Alternate Co-Sponsor Sen. Deanna Demuzio
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. Michael W. Frerichs
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. John J. Millner
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. John M. Sullivan
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. Louis S. Viverito
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. William R. Haine
  5/12/2009SenateAdded as Alternate Co-Sponsor Sen. M. Maggie Crotty
  5/12/2009SenateSecond Reading
  5/12/2009SenatePlaced on Calendar Order of 3rd Reading May 13, 2009
  5/13/2009SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  5/13/2009SenateAdded as Alternate Co-Sponsor Sen. Dan Kotowski
  5/13/2009SenateAdded as Alternate Co-Sponsor Sen. Chris Lauzen
  5/15/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Toi W. Hutchinson
  5/15/2009SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/17/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  5/18/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 009-000-000
  5/20/2009SenateAdded as Alternate Co-Sponsor Sen. Larry K. Bomke
  5/21/2009SenateRecalled to Second Reading
  5/21/2009SenateSenate Floor Amendment No. 2 Adopted; Hutchinson
  5/21/2009SenatePlaced on Calendar Order of 3rd Reading
  5/21/2009SenateThird Reading - Passed; 058-000-000
  5/21/2009SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/21/2009HouseArrived in House
  5/21/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/21/2009HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Karen A. Yarbrough
  5/21/2009HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/26/2009HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/30/2009HouseSenate Floor Amendment No. 2 House Concurs 117-000-000
  5/30/2009HousePassed Both Houses
  6/26/2009HouseSent to the Governor
  8/25/2009HouseGovernor Approved
  8/25/2009HouseEffective Date January 1, 2010
  8/25/2009HousePublic Act . . . . . . . . . 96-0686