Illinois General Assembly - Full Text of HB0277
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Full Text of HB0277  97th General Assembly


Sen. John G. Mulroe

Filed: 5/16/2011





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2    AMENDMENT NO. ______. Amend House Bill 277 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 1961 is amended by
5changing 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
10commits 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
3is required to register under the Sex Offender Registration Act
4or has been previously required to register under that Act and
5commits the offense of stalking when the victim of the stalking
6is also the victim of the offense for which the sex offender is
7required to register under the Sex Offender Registration Act or
8a family member of the victim.
9    (b) Sentence. Aggravated stalking is a Class 3 felony; a
10second 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.)".