Full Text of SB2267 97th General Assembly
SB2267eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Sections 12-7.3, 12-7.4, 12-7.5, and 12-30 as follows:
| 6 | | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
| 7 | | Sec. 12-7.3. Stalking.
| 8 | | (a) A person commits stalking when he or she knowingly | 9 | | engages in a course of conduct directed at a specific person, | 10 | | and he or she knows or should know that this course of conduct | 11 | | would cause a reasonable person to: | 12 | | (1) fear for his or her safety or the safety of a third | 13 | | person; or | 14 | | (2) suffer other emotional distress. | 15 | | (a-3) A person commits stalking when he or she, knowingly | 16 | | and without
lawful justification, on at least 2 separate | 17 | | occasions follows
another person
or places the person under | 18 | | surveillance or any combination thereof and:
| 19 | | (1) at any time transmits a threat of immediate or | 20 | | future bodily harm, sexual
assault, confinement or | 21 | | restraint and the threat is directed towards that
person or | 22 | | a family member of that
person; or
| 23 | | (2) places that person in reasonable apprehension of |
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| 1 | | immediate or future
bodily harm, sexual assault, | 2 | | confinement or restraint; or
| 3 | | (3) places that person in reasonable apprehension that | 4 | | a family member
will receive immediate or future bodily | 5 | | harm, sexual assault, confinement, or
restraint.
| 6 | | (a-5) A person commits stalking when he or she has | 7 | | previously been
convicted of stalking another person and | 8 | | knowingly and without lawful
justification on one occasion:
| 9 | | (1) follows that same person or places that same person | 10 | | under
surveillance; and
| 11 | | (2) transmits a threat of immediate or future bodily | 12 | | harm, sexual
assault, confinement or restraint; and
| 13 | | (3) the threat is directed towards that person or a | 14 | | family member of
that person.
| 15 | | (b) Sentence.
Stalking is a Class 4 felony. A second or | 16 | | subsequent
conviction for stalking is a Class 3 felony.
| 17 | | (c) Definitions. For purposes of this Section: | 18 | | (1) "Course of conduct" means 2 or more acts, including | 19 | | but not limited to acts in which a defendant directly, | 20 | | indirectly, or through third parties, by any action, | 21 | | method, device, or means follows, monitors, observes, | 22 | | surveils, threatens, or communicates to or about, a person, | 23 | | engages in other non-consensual contact, or interferes | 24 | | with or damages a person's property or pet. A course of | 25 | | conduct may include contact via electronic communications. | 26 | | (2) "Electronic communication" means any transfer of |
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| 1 | | signs, signals, writings, sounds, data, or intelligence of | 2 | | any nature transmitted in whole or in part by a wire, | 3 | | radio, electromagnetic, photoelectric, or photo-optical | 4 | | system. "Electronic communication" includes transmissions | 5 | | by a computer through the Internet to another computer. | 6 | | (3) "Emotional distress" means significant mental | 7 | | suffering, anxiety or alarm. | 8 | | (4) "Family member" means a parent,
grandparent, | 9 | | brother, sister, or child, whether by whole blood, | 10 | | half-blood, or
adoption and includes a step-grandparent, | 11 | | step-parent, step-brother,
step-sister or step-child. | 12 | | "Family member" also means any other person who
regularly | 13 | | resides in the household, or who, within the prior 6 | 14 | | months,
regularly resided in the household. | 15 | | (5) "Follows another person" means (i) to
move in | 16 | | relative proximity to a person as that person moves from | 17 | | place to place
or (ii) to remain in relative proximity to a | 18 | | person who is stationary or whose
movements are confined to | 19 | | a small area.
"Follows another person" does not
include a | 20 | | following within the residence of the defendant. | 21 | | (6) "Non-consensual contact" means any contact with | 22 | | the victim that is initiated or continued without the | 23 | | victim's consent, including but not limited to being in the | 24 | | physical presence of the victim; appearing within the sight | 25 | | of the victim; approaching or confronting the victim in a | 26 | | public place or on private property; appearing at the |
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| 1 | | workplace or residence of the victim; entering onto or | 2 | | remaining on property owned, leased, or occupied by the | 3 | | victim; or placing an object on, or delivering an object | 4 | | to, property owned, leased, or occupied by the victim. | 5 | | (7) "Places a person under
surveillance" means: (1) | 6 | | remaining present outside the person's school, place of
| 7 | | employment, vehicle, other place occupied by the person, or | 8 | | residence other
than the residence of the defendant; or (2) | 9 | | placing an electronic tracking device on the person or the | 10 | | person's property. | 11 | | (8) "Reasonable person" means a person in the victim's | 12 | | situation. | 13 | | (9) "Transmits a threat" means a verbal
or
written | 14 | | threat or a threat implied by a pattern of conduct or a | 15 | | combination of
verbal or written statements or conduct. | 16 | | (d) Exemptions. | 17 | | (1) This Section does not apply to any individual or | 18 | | organization (i) monitoring or attentive to compliance | 19 | | with public or worker safety laws, wage and hour | 20 | | requirements, or other statutory requirements, or (ii) | 21 | | picketing occurring at the workplace that is otherwise | 22 | | lawful and arises out of a bona fide labor dispute, | 23 | | including any controversy concerning wages, salaries, | 24 | | hours, working conditions or benefits, including health | 25 | | and welfare, sick leave, insurance, and pension or | 26 | | retirement provisions, the making or maintaining of |
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| 1 | | collective bargaining agreements, and the terms to be | 2 | | included in those agreements. | 3 | | (2) This Section does not apply to an exercise of the | 4 | | right to free speech or assembly that is otherwise lawful. | 5 | | (3) Telecommunications carriers, commercial mobile | 6 | | service providers, and providers of information services, | 7 | | including, but not limited to, Internet service providers | 8 | | and hosting service providers, are not liable under this | 9 | | Section, except for willful and wanton misconduct, by | 10 | | virtue of the transmission, storage, or caching of | 11 | | electronic communications or messages of others or by | 12 | | virtue of the provision of other related | 13 | | telecommunications, commercial mobile services, or | 14 | | information services used by others in violation of this | 15 | | Section. | 16 | | (d-5) The incarceration of a person in a penal institution | 17 | | who commits the course of conduct or transmits a
threat is not | 18 | | a bar to prosecution under this Section.
| 19 | | (d-10) A defendant who directed the actions of a third | 20 | | party to violate this Section, under the principles of | 21 | | accountability set forth in Article 5 of this Code, is guilty | 22 | | of violating this Section as if the same had been personally | 23 | | done by the defendant, without regard to the mental state of | 24 | | the third party acting at the direction of the defendant. | 25 | | (Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)
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| 1 | | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
| 2 | | Sec. 12-7.4. Aggravated stalking.
| 3 | | (a) A person commits
aggravated stalking when he or she, in | 4 | | conjunction with committing the
offense of stalking,
also does | 5 | | any of the following:
| 6 | | (1) causes bodily harm to the victim;
| 7 | | (2) confines or restrains the victim; or
| 8 | | (3) violates a temporary
restraining order, an order of | 9 | | protection, a stalking no contact order, a civil no contact | 10 | | order, or an injunction
prohibiting the behavior described | 11 | | in
subsection (b)(1) of Section 214 of the Illinois | 12 | | Domestic Violence Act of 1986.
| 13 | | (b) Sentence. Aggravated stalking is a Class 3 felony. A | 14 | | second or
subsequent conviction for aggravated stalking is a | 15 | | Class 2
felony.
| 16 | | (c) Exemptions. | 17 | | (1) This Section does not apply to any individual or | 18 | | organization (i) monitoring or attentive to compliance | 19 | | with public or worker safety laws, wage and hour | 20 | | requirements, or other statutory requirements, or (ii) | 21 | | picketing occurring at the
workplace that is otherwise | 22 | | lawful and arises out of a bona fide labor
dispute | 23 | | including any controversy concerning wages, salaries, | 24 | | hours, working conditions or benefits, including health | 25 | | and welfare, sick leave, insurance, and pension or | 26 | | retirement provisions, the managing or maintenance of |
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| 1 | | collective bargaining agreements, and the terms to be | 2 | | included in those agreements. | 3 | | (2) This Section does not apply to an exercise of the | 4 | | right of free speech or assembly that is
otherwise lawful.
| 5 | | (3) Telecommunications carriers, commercial mobile | 6 | | service providers, and providers of information services, | 7 | | including, but not limited to, Internet service providers | 8 | | and hosting service providers, are not liable under this | 9 | | Section, except for willful and wanton misconduct, by | 10 | | virtue of the transmission, storage, or caching of | 11 | | electronic communications or messages of others or by | 12 | | virtue of the provision of other related | 13 | | telecommunications, commercial mobile services, or | 14 | | information services used by others in violation of this | 15 | | Section.
| 16 | | (d) A defendant who directed the actions of a third party | 17 | | to violate this Section, under the principles of accountability | 18 | | set forth in Article 5 of this Code, is guilty of violating | 19 | | this Section as if the same had been personally done by the | 20 | | defendant, without regard to the mental state of the third | 21 | | party acting at the direction of the defendant. | 22 | | (Source: P.A. 96-686, eff. 1-1-10.)
| 23 | | (720 ILCS 5/12-7.5)
| 24 | | Sec. 12-7.5. Cyberstalking.
| 25 | | (a) A person commits cyberstalking when he or she engages |
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| 1 | | in a course of conduct using electronic communication directed | 2 | | at a specific person, and he or she knows or should know that | 3 | | would cause a reasonable person to: | 4 | | (1) fear for his or her safety or the safety of a third | 5 | | person; or | 6 | | (2) suffer other emotional distress. | 7 | | (a-3) A person commits cyberstalking when he or she, | 8 | | knowingly and without
lawful justification, on at least 2 | 9 | | separate occasions, harasses another person
through the use of | 10 | | electronic communication and:
| 11 | | (1) at any time transmits a threat of immediate or | 12 | | future bodily harm,
sexual assault, confinement, or | 13 | | restraint and the threat is directed towards
that person or | 14 | | a family member of that person; or
| 15 | | (2) places that person or a family member of that | 16 | | person in reasonable
apprehension of immediate or future | 17 | | bodily harm, sexual assault, confinement,
or restraint; or
| 18 | | (3) at any time knowingly solicits the commission of an | 19 | | act by any person which would be a violation of this Code | 20 | | directed towards that person or a family member of that | 21 | | person. | 22 | | (a-5) A person commits cyberstalking when he or she, | 23 | | knowingly and without lawful justification, creates and | 24 | | maintains an Internet website or webpage which is accessible to | 25 | | one or more third parties for a period of at least 24 hours, | 26 | | and which contains statements harassing another person and: |
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| 1 | | (1) which communicates a threat of immediate or future | 2 | | bodily harm, sexual assault, confinement, or restraint, | 3 | | where the threat is directed towards that person or a | 4 | | family member of that person, or | 5 | | (2) which places that person or a family member of that | 6 | | person in reasonable apprehension of immediate or future | 7 | | bodily harm, sexual assault, confinement, or restraint, or | 8 | | (3) which knowingly solicits the commission of an act | 9 | | by any person which would be a violation of this Code | 10 | | directed towards that person or a family member of that | 11 | | person.
| 12 | | (b) Sentence. Cyberstalking is a Class 4 felony. A second | 13 | | or subsequent
conviction for cyberstalking is a Class 3 felony.
| 14 | | (c) For purposes of this Section: | 15 | | (1) "Course of conduct" means 2 or more acts, including | 16 | | but not limited to acts in which a defendant directly, | 17 | | indirectly, or through third parties, by any action, | 18 | | method, device, or means follows, monitors, observes, | 19 | | surveils, threatens, or communicates to or about, a person, | 20 | | engages in other non-consensual contact, or interferes | 21 | | with or damages a person's property or pet. The | 22 | | incarceration in a penal institution of a person who | 23 | | commits the course of conduct is not a bar to prosecution | 24 | | under this Section. | 25 | | (2) "Electronic communication" means any transfer of | 26 | | signs, signals, writings, sounds, data, or intelligence of |
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| 1 | | any nature transmitted in whole or in part by a wire, | 2 | | radio, electromagnetic, photoelectric, or photo-optical | 3 | | system. "Electronic communication" includes transmissions | 4 | | by a computer through the Internet to another computer. | 5 | | (3) "Emotional distress" means significant mental | 6 | | suffering, anxiety or alarm. | 7 | | (4) "Harass"
means to engage in a knowing and willful | 8 | | course of conduct directed at a
specific person
that | 9 | | alarms, torments, or terrorizes that person. | 10 | | (5) "Non-consensual contact" means any contact with | 11 | | the victim that is initiated or continued without the | 12 | | victim's consent, including but not limited to being in the | 13 | | physical presence of the victim; appearing within the sight | 14 | | of the victim; approaching or confronting the victim in a | 15 | | public place or on private property; appearing at the | 16 | | workplace or residence of the victim; entering onto or | 17 | | remaining on property owned, leased, or occupied by the | 18 | | victim; or placing an object on, or delivering an object | 19 | | to, property owned, leased, or occupied by the victim. | 20 | | (6) "Reasonable person" means a person in the victim's | 21 | | circumstances, with the victim's knowledge of the | 22 | | defendant and the defendant's prior acts. | 23 | | (7) "Third party" means any person other than the | 24 | | person violating these provisions and the person or persons | 25 | | towards whom the violator's actions are directed. | 26 | | (d) Telecommunications carriers, commercial mobile service |
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| 1 | | providers, and providers of information services, including, | 2 | | but not limited to, Internet service providers and hosting | 3 | | service providers, are not liable under this Section, except | 4 | | for willful and wanton misconduct, by virtue of the | 5 | | transmission, storage, or caching of electronic communications | 6 | | or messages of others or by virtue of the provision of other | 7 | | related telecommunications, commercial mobile services, or | 8 | | information services used by others in violation of this | 9 | | Section. | 10 | | (e) A defendant who directed the actions of a third party | 11 | | to violate this Section, under the principles of accountability | 12 | | set forth in Article 5 of this Code, is guilty of violating | 13 | | this Section as if the same had been personally done by the | 14 | | defendant, without regard to the mental state of the third | 15 | | party acting at the direction of the defendant. | 16 | | (Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09; | 17 | | 96-686, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 18 | | (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
| 19 | | Sec. 12-30. Violation of an order of protection.
| 20 | | (a) A person commits violation of an order of protection | 21 | | if:
| 22 | | (1) He or she commits an act which was prohibited by a | 23 | | court or fails
to commit
an act which was ordered by a | 24 | | court in violation of:
| 25 | | (i) a remedy in a valid
order of protection |
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| 1 | | authorized under paragraphs (1), (2), (3), (14),
or
| 2 | | (14.5) of
subsection (b) of Section 214 of the Illinois | 3 | | Domestic Violence Act of 1986,
| 4 | | (ii) a remedy, which is substantially similar to | 5 | | the remedies
authorized
under paragraphs (1), (2), | 6 | | (3), (14) or (14.5) of subsection (b) of Section 214
of | 7 | | the Illinois Domestic Violence Act of 1986, in a valid | 8 | | order of protection,
which is authorized under the laws | 9 | | of another state, tribe or United States
territory,
| 10 | | (iii) any other remedy when the act constitutes a | 11 | | crime against the
protected parties
as the term | 12 | | protected parties is defined in Section 112A-4 of the | 13 | | Code of
Criminal Procedure of 1963; and
| 14 | | (2) Such violation occurs after the offender has been | 15 | | served notice of
the contents of the order, pursuant to the | 16 | | Illinois Domestic Violence
Act of 1986 or any substantially | 17 | | similar statute of another state, tribe or
United
States | 18 | | territory, or otherwise has acquired actual knowledge of | 19 | | the contents
of the
order.
| 20 | | An order of protection issued by a state, tribal or | 21 | | territorial
court
related to domestic or family violence shall | 22 | | be deemed valid if the issuing
court had jurisdiction over the | 23 | | parties and matter under the law of the state,
tribe or | 24 | | territory. There shall be a presumption of validity where an | 25 | | order is
certified and appears authentic on its face.
| 26 | | (a-5) Failure to provide reasonable notice and opportunity |
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| 1 | | to be heard
shall
be an affirmative defense to any charge or | 2 | | process filed seeking enforcement of
a foreign order of | 3 | | protection.
| 4 | | (b) For purposes of this Section, an "order of protection" | 5 | | may have been
issued in a criminal or civil proceeding.
| 6 | | (c) Nothing in this Section shall be construed to diminish | 7 | | the inherent
authority of the courts to enforce their lawful | 8 | | orders through civil or
criminal contempt proceedings.
| 9 | | (d) Violation of an order of protection under subsection | 10 | | (a) of this
Section is a Class A misdemeanor.
Violation of an | 11 | | order of protection under subsection (a) of this Section is a
| 12 | | Class 4 felony if the defendant has any prior conviction under | 13 | | this Code for
domestic battery (Section 12-3.2)
or violation of | 14 | | an order of protection (Section
12-30). Violation of an order | 15 | | of protection is a Class 4 felony if the
defendant has any | 16 | | prior conviction under this Code for
first degree murder | 17 | | (Section 9-1), attempt to commit first degree murder
(Section | 18 | | 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | 19 | | battery
(Section 12-4),
heinous battery (Section 12-4.1), | 20 | | aggravated battery with a firearm (Section
12-4.2), aggravated | 21 | | battery of a child (Section 12-4.3), aggravated battery of
an | 22 | | unborn child (Section 12-4.4), aggravated battery of a senior | 23 | | citizen
(Section 12-4.6),
stalking (Section 12-7.3), | 24 | | aggravated stalking (Section
12-7.4),
criminal sexual assault | 25 | | (Section 12-13), aggravated criminal sexual assault
(12-14), | 26 | | kidnapping (Section 10-1), aggravated kidnapping (Section |
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| 1 | | 10-2),
predatory criminal sexual assault of a child (Section | 2 | | 12-14.1),
aggravated criminal sexual abuse (Section 12-16),
| 3 | | unlawful restraint (Section 10-3), aggravated unlawful | 4 | | restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), | 5 | | or aggravated discharge of a firearm
(Section 24-1.2),
when any | 6 | | of these offenses have been committed against a family or
| 7 | | household member as defined in Section 112A-3 of the Code of | 8 | | Criminal Procedure
of 1963. The court shall impose a minimum | 9 | | penalty of 24 hours imprisonment for
defendant's second or | 10 | | subsequent violation of any order of protection; unless
the | 11 | | court explicitly finds that an increased penalty or such period | 12 | | of
imprisonment would be manifestly unjust. In addition to any | 13 | | other penalties,
the court may order the defendant to pay a | 14 | | fine as authorized under Section
5-9-1 of the Unified Code of | 15 | | Corrections or to make restitution to the victim
under Section | 16 | | 5-5-6 of the Unified Code of Corrections. In addition to any
| 17 | | other penalties, including those imposed by Section 5-9-1.5 of | 18 | | the Unified Code
of Corrections, the court shall impose an | 19 | | additional fine of $20 as authorized
by Section 5-9-1.11 of the | 20 | | Unified Code of Corrections upon any person
convicted of or | 21 | | placed on supervision for a violation of this
Section. The | 22 | | additional fine shall
be imposed for each violation of this | 23 | | Section.
| 24 | | (e) The limitations placed on law enforcement liability by | 25 | | Section 305 of
the Illinois Domestic Violence Act of 1986 apply | 26 | | to actions taken under this
Section.
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| 1 | | (f) A defendant who directed the actions of a third party | 2 | | to violate this Section, under the principles of accountability | 3 | | set forth in Article 5 of this Code, is guilty of violating | 4 | | this Section as if the same had been personally done by the | 5 | | defendant, without regard to the mental state of the third | 6 | | party acting at the direction of the defendant. | 7 | | (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | 8 | | 92-827, eff.
8-22-02.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law. |
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