Full Text of HB4506 100th General Assembly
HB4506 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4506 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED: |
| 740 ILCS 21/10 | | 720 ILCS 5/12-7.3 | from Ch. 38, par. 12-7.3 | 720 ILCS 5/12-7.5 | |
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Amends the Stalking No Contact Order Act. Provides that stalking does not include an exercise of the right to free speech or assembly that is otherwise lawful or picketing that is otherwise lawful (rather than, "an exercise of the right to free speech or assembly that is otherwise lawful or picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements"). Amends the Criminal Code of 2012. 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 fear for his or her safety or the safety of a third person (rather than, in addition, to suffer other emotional distress). Provides that a person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to fear for his or her safety (rather than, in addition, to suffer other emotional distress). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning stalking.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Section 10 as follows: | 6 | | (740 ILCS 21/10)
| 7 | | Sec. 10. Definitions. For the purposes of this Act: | 8 | | "Course of conduct" means 2 or more acts, including but not | 9 | | limited to acts in which a respondent directly, indirectly, or | 10 | | through third parties, by any action, method, device, or means | 11 | | follows, monitors, observes, surveils, threatens, or | 12 | | communicates to or about, a person, engages in other contact, | 13 | | or interferes with or damages a person's property or pet. A | 14 | | course of conduct may include contact via electronic | 15 | | communications. The incarceration of a person in a penal | 16 | | institution who commits the course of conduct is not a bar to | 17 | | prosecution under this Section. | 18 | | "Emotional distress" means significant mental suffering, | 19 | | anxiety or alarm. | 20 | | "Contact" includes any contact with the victim, that is | 21 | | initiated or continued without the victim's consent, or that is | 22 | | in disregard of the victim's expressed desire that the contact | 23 | | be avoided or discontinued, including but not limited to being |
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| 1 | | in the physical presence of the victim; appearing within the | 2 | | sight of the victim; approaching or confronting the victim in a | 3 | | public place or on private property; appearing at the workplace | 4 | | or residence of the victim; entering onto or remaining on | 5 | | property owned, leased, or occupied by the victim; or placing | 6 | | an object on, or delivering an object to, property owned, | 7 | | leased, or occupied by the victim. | 8 | | "Petitioner" means any named petitioner for the stalking no | 9 | | contact order or any named victim of stalking on whose behalf | 10 | | the petition is brought. | 11 | | "Reasonable person" means a person in the petitioner's | 12 | | circumstances with the petitioner's knowledge of the | 13 | | respondent and the respondent's prior acts. | 14 | | "Stalking" means engaging in a course of conduct directed | 15 | | at a specific person, and he or she knows or should know that | 16 | | this course of conduct would cause a reasonable person to fear | 17 | | for his or her safety or the safety of a third person or suffer | 18 | | emotional distress . Stalking does not include an exercise of | 19 | | the right to free speech or assembly that is otherwise lawful | 20 | | or picketing occurring at the workplace that is otherwise | 21 | | lawful and arises out of a bona fide labor dispute, including | 22 | | any controversy concerning wages, salaries, hours, working | 23 | | conditions or benefits, including health and welfare, sick | 24 | | leave, insurance, and pension or retirement provisions, the | 25 | | making or maintaining of collective bargaining agreements, and | 26 | | the terms to be included in those agreements . |
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| 1 | | "Stalking No Contact Order" means an emergency order or | 2 | | plenary order granted under this Act, which includes a remedy | 3 | | authorized by Section 80 of this Act.
| 4 | | (Source: P.A. 96-246, eff. 1-1-10.)
| 5 | | Section 10. The Criminal Code of 2012 is amended by | 6 | | changing Sections 12-7.3 and 12-7.5 as follows:
| 7 | | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
| 8 | | Sec. 12-7.3. Stalking.
| 9 | | (a) A person commits stalking when he or she knowingly | 10 | | engages in a course of conduct directed at a specific person, | 11 | | and he or she knows or should know that this course of conduct | 12 | | would cause a reasonable person to : (1) fear for his or her | 13 | | safety or the safety of a third person ; or (2) suffer other | 14 | | 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 | 24 | | immediate or future
bodily harm, sexual assault, |
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| 1 | | confinement or restraint to or of that person or a family | 2 | | member of that person.
| 3 | | (a-5) A person commits stalking when he or she has | 4 | | previously been
convicted of stalking another person and | 5 | | knowingly and without lawful
justification on one occasion:
| 6 | | (1) follows that same person or places that same person | 7 | | under
surveillance; and
| 8 | | (2) transmits a threat of immediate or future bodily | 9 | | harm, sexual
assault, confinement or restraint to that | 10 | | person or a family member of that person.
| 11 | | (b) Sentence.
Stalking is a Class 4 felony; a second or | 12 | | subsequent
conviction is a Class 3 felony.
| 13 | | (c) Definitions. For purposes of this Section: | 14 | | (1) "Course of conduct" means 2 or more acts, including | 15 | | but not limited to acts in which a defendant directly, | 16 | | indirectly, or through third parties, by any action, | 17 | | method, device, or means follows, monitors, observes, | 18 | | surveils, threatens, or communicates to or about, a person, | 19 | | engages in other non-consensual contact, or interferes | 20 | | with or damages a person's property or pet. A course of | 21 | | conduct may include contact via electronic communications. | 22 | | (2) "Electronic communication" means any transfer of | 23 | | signs, signals, writings, sounds, data, or intelligence of | 24 | | any nature transmitted in whole or in part by a wire, | 25 | | radio, electromagnetic, photoelectric, or photo-optical | 26 | | system. "Electronic communication" includes transmissions |
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| 1 | | by a computer through the Internet to another computer. | 2 | | (3) (Blank). "Emotional distress" means significant | 3 | | mental suffering, anxiety or alarm. | 4 | | (4) "Family member" means a parent,
grandparent, | 5 | | brother, sister, or child, whether by whole blood, | 6 | | half-blood, or
adoption and includes a step-grandparent, | 7 | | step-parent, step-brother,
step-sister or step-child. | 8 | | "Family member" also means any other person who
regularly | 9 | | resides in the household, or who, within the prior 6 | 10 | | months,
regularly resided in the household. | 11 | | (5) "Follows another person" means (i) to
move in | 12 | | relative proximity to a person as that person moves from | 13 | | place to place
or (ii) to remain in relative proximity to a | 14 | | person who is stationary or whose
movements are confined to | 15 | | a small area.
"Follows another person" does not
include a | 16 | | following within the residence of the defendant. | 17 | | (6) "Non-consensual contact" means any contact with | 18 | | the victim that is initiated or continued without the | 19 | | victim's consent, including but not limited to being in the | 20 | | physical presence of the victim; appearing within the sight | 21 | | of the victim; approaching or confronting the victim in a | 22 | | public place or on private property; appearing at the | 23 | | workplace or residence of the victim; entering onto or | 24 | | remaining on property owned, leased, or occupied by the | 25 | | victim; or placing an object on, or delivering an object | 26 | | to, property owned, leased, or occupied by the victim. |
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| 1 | | (7) "Places a person under
surveillance" means: (1) | 2 | | remaining present outside the person's school, place of
| 3 | | employment, vehicle, other place occupied by the person, or | 4 | | residence other
than the residence of the defendant; or (2) | 5 | | placing an electronic tracking device on the person or the | 6 | | person's property. | 7 | | (8) "Reasonable person" means a person in the victim's | 8 | | situation. | 9 | | (9) "Transmits a threat" means a verbal
or
written | 10 | | threat or a threat implied by a pattern of conduct or a | 11 | | combination of
verbal or written statements or conduct. | 12 | | (d) Exemptions. | 13 | | (1) This Section does not apply to any individual or | 14 | | organization (i) monitoring or attentive to compliance | 15 | | with public or worker safety laws, wage and hour | 16 | | requirements, or other statutory requirements, or (ii) | 17 | | picketing occurring at the workplace that is otherwise | 18 | | lawful and arises out of a bona fide labor dispute, | 19 | | including any controversy concerning wages, salaries, | 20 | | hours, working conditions or benefits, including health | 21 | | and welfare, sick leave, insurance, and pension or | 22 | | retirement provisions, the making or maintaining of | 23 | | collective bargaining agreements, and the terms to be | 24 | | included in those agreements. | 25 | | (2) This Section does not apply to an exercise of the | 26 | | right to free speech or assembly that is otherwise lawful. |
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| 1 | | (3) Telecommunications carriers, commercial mobile | 2 | | service providers, and providers of information services, | 3 | | including, but not limited to, Internet service providers | 4 | | and hosting service providers, are not liable under this | 5 | | Section, except for willful and wanton misconduct, by | 6 | | virtue of the transmission, storage, or caching of | 7 | | electronic communications or messages of others or by | 8 | | virtue of the provision of other related | 9 | | telecommunications, commercial mobile services, or | 10 | | information services used by others in violation of this | 11 | | Section. | 12 | | (d-5) The incarceration of a person in a penal institution | 13 | | who commits the course of conduct or transmits a
threat is not | 14 | | a bar to prosecution under this Section.
| 15 | | (d-10) A defendant who directed the actions of a third | 16 | | party to violate this Section, under the principles of | 17 | | accountability set forth in Article 5 of this Code, is guilty | 18 | | of violating this Section as if the same had been personally | 19 | | done by the defendant, without regard to the mental state of | 20 | | the third party acting at the direction of the defendant. | 21 | | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | 22 | | 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
| 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 : (1) fear for his or her | 4 | | safety or the safety of a third person ; or (2) suffer other | 5 | | emotional distress . | 6 | | (a-3) A person commits cyberstalking when he or she, | 7 | | knowingly and without
lawful justification, on at least 2 | 8 | | separate occasions, harasses another person
through the use of | 9 | | electronic communication and:
| 10 | | (1) at any time transmits a threat of immediate or | 11 | | future bodily harm,
sexual assault, confinement, or | 12 | | restraint and the threat is directed towards
that person or | 13 | | a family member of that person; or
| 14 | | (2) places that person or a family member of that | 15 | | person in reasonable
apprehension of immediate or future | 16 | | bodily harm, sexual assault, confinement,
or restraint; or
| 17 | | (3) at any time knowingly solicits the commission of an | 18 | | act by any person which would be a violation of this Code | 19 | | directed towards that person or a family member of that | 20 | | person. | 21 | | (a-4) A person commits cyberstalking when he or she | 22 | | knowingly, surreptitiously, and without lawful justification, | 23 | | installs or otherwise places electronic monitoring software or | 24 | | spyware on an electronic communication device as a means to | 25 | | harass another person and: | 26 | | (1) at any time transmits a threat of immediate or |
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| 1 | | future bodily harm, sexual assault, confinement, or | 2 | | restraint and the threat is directed towards that person or | 3 | | a family member of that person; | 4 | | (2) places that person or a family member of that | 5 | | person in reasonable apprehension of immediate or future | 6 | | bodily harm, sexual assault, confinement, or restraint; or | 7 | | (3) at any time knowingly solicits the commission of an | 8 | | act by any person which would be a violation of this Code | 9 | | directed towards that person or a family member of that | 10 | | person. | 11 | | For purposes of this Section, an installation or placement | 12 | | is not surreptitious if: | 13 | | (1) with respect to electronic software, hardware, or | 14 | | computer applications, clear notice regarding the use of | 15 | | the specific type of tracking software or spyware is | 16 | | provided by the installer in advance to the owners and | 17 | | primary users of the electronic software, hardware, or | 18 | | computer application; or | 19 | | (2) written or electronic consent of all owners and | 20 | | primary users of the electronic software, hardware, or | 21 | | computer application on which the tracking software or | 22 | | spyware will be installed has been sought and obtained | 23 | | through a mechanism that does not seek to obtain any other | 24 | | approvals or acknowledgement from the owners and primary | 25 | | users. | 26 | | (a-5) A person commits cyberstalking when he or she, |
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| 1 | | knowingly and without lawful justification, creates and | 2 | | maintains an Internet website or webpage which is accessible to | 3 | | one or more third parties for a period of at least 24 hours, | 4 | | and which contains statements harassing another person and: | 5 | | (1) which communicates a threat of immediate or future | 6 | | bodily harm, sexual assault, confinement, or restraint, | 7 | | where the threat is directed towards that person or a | 8 | | family member of that person, or | 9 | | (2) which places that person or a family member of that | 10 | | person in reasonable apprehension of immediate or future | 11 | | bodily harm, sexual assault, confinement, or restraint, or | 12 | | (3) which knowingly solicits the commission of an act | 13 | | by any person which would be a violation of this Code | 14 | | directed towards that person or a family member of that | 15 | | person.
| 16 | | (b) Sentence. Cyberstalking is a Class 4 felony; a second | 17 | | or subsequent
conviction is a Class 3 felony.
| 18 | | (c) For purposes of this Section: | 19 | | (1) "Course of conduct" means 2 or more acts, including | 20 | | but not limited to acts in which a defendant directly, | 21 | | indirectly, or through third parties, by any action, | 22 | | method, device, or means follows, monitors, observes, | 23 | | surveils, threatens, or communicates to or about, a person, | 24 | | engages in other non-consensual contact, or interferes | 25 | | with or damages a person's property or pet. The | 26 | | incarceration in a penal institution of a person who |
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| 1 | | commits the course of conduct is not a bar to prosecution | 2 | | under this Section. | 3 | | (2) "Electronic communication" means any transfer of | 4 | | signs, signals, writings, sounds, data, or intelligence of | 5 | | any nature transmitted in whole or in part by a wire, | 6 | | radio, electromagnetic, photoelectric, or photo-optical | 7 | | system. "Electronic communication" includes transmissions | 8 | | through an electronic device including, but not limited to, | 9 | | a telephone, cellular phone, computer, or pager, which | 10 | | communication includes, but is not limited to, e-mail, | 11 | | instant message, text message, or voice mail. | 12 | | (2.1) "Electronic communication device" means an | 13 | | electronic device, including, but not limited to, a | 14 | | wireless telephone, personal digital assistant, or a | 15 | | portable or mobile computer. | 16 | | (2.2) "Electronic monitoring software or spyware" | 17 | | means software or an application that surreptitiously | 18 | | tracks computer activity on a device and records and | 19 | | transmits the information to third parties with the intent | 20 | | to cause injury or harm. For the purposes of this paragraph | 21 | | (2.2), "intent to cause injury or harm" does not include | 22 | | activities carried out in furtherance of the prevention of | 23 | | fraud or crime or of protecting the security of networks, | 24 | | online services, applications, software, other computer | 25 | | programs, users, or electronic communication devices or | 26 | | similar devices. |
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| 1 | | (3) (Blank). "Emotional distress" means significant | 2 | | mental suffering, anxiety or alarm. | 3 | | (4) "Harass"
means to engage in a knowing and willful | 4 | | course of conduct directed at a
specific person
that | 5 | | alarms, torments, or terrorizes that person. | 6 | | (5) "Non-consensual contact" means any contact with | 7 | | the victim that is initiated or continued without the | 8 | | victim's consent, including but not limited to being in the | 9 | | physical presence of the victim; appearing within the sight | 10 | | of the victim; approaching or confronting the victim in a | 11 | | public place or on private property; appearing at the | 12 | | workplace or residence of the victim; entering onto or | 13 | | remaining on property owned, leased, or occupied by the | 14 | | victim; or placing an object on, or delivering an object | 15 | | to, property owned, leased, or occupied by the victim. | 16 | | (6) "Reasonable person" means a person in the victim's | 17 | | circumstances, with the victim's knowledge of the | 18 | | defendant and the defendant's prior acts. | 19 | | (7) "Third party" means any person other than the | 20 | | person violating these provisions and the person or persons | 21 | | towards whom the violator's actions are directed. | 22 | | (d) Telecommunications carriers, commercial mobile service | 23 | | providers, and providers of information services, including, | 24 | | but not limited to, Internet service providers and hosting | 25 | | service providers, are not liable under this Section, except | 26 | | for willful and wanton misconduct, by virtue of the |
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| 1 | | transmission, storage, or caching of electronic communications | 2 | | or messages of others or by virtue of the provision of other | 3 | | related telecommunications, commercial mobile services, or | 4 | | information services used by others in violation of this | 5 | | Section. | 6 | | (e) A defendant who directed the actions of a third party | 7 | | to violate this Section, under the principles of accountability | 8 | | set forth in Article 5 of this Code, is guilty of violating | 9 | | this Section as if the same had been personally done by the | 10 | | defendant, without regard to the mental state of the third | 11 | | party acting at the direction of the defendant. | 12 | | (f) It is not a violation of this Section to: | 13 | | (1) provide, protect, maintain, update, or upgrade | 14 | | networks, online services, applications, software, other | 15 | | computer programs, electronic communication devices, or | 16 | | similar devices under the terms of use applicable to those | 17 | | networks, services, applications, software, programs, or | 18 | | devices; | 19 | | (2) interfere with or prohibit terms or conditions in a | 20 | | contract or license related to networks, online services, | 21 | | applications, software, other computer programs, | 22 | | electronic communication devices, or similar devices; or | 23 | | (3) create any liability by reason of terms or | 24 | | conditions adopted, or technical measures implemented, to | 25 | | prevent the transmission of unsolicited electronic mail or | 26 | | communications. |
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| 1 | | (Source: P.A. 100-166, eff. 1-1-18 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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