Full Text of HB0277 97th General Assembly
HB0277sam002 97TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/16/2011
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| 1 | | AMENDMENT TO HOUSE BILL 277
| 2 | | AMENDMENT NO. ______. Amend House Bill 277 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by | 5 | | changing Section 12-7.4 as follows:
| 6 | | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
| 7 | | (Text of Section after amendment by P.A. 96-1551 )
| 8 | | Sec. 12-7.4. Aggravated stalking.
| 9 | | (a) A person commits
aggravated stalking when he or she | 10 | | commits stalking and:
| 11 | | (1) causes bodily harm to the victim;
| 12 | | (2) confines or restrains the victim; or
| 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.
| 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.
| 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.
| 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.
| 11 | | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11.)".
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