Full Text of HB4506 100th General Assembly
HB4506ham001 100TH GENERAL ASSEMBLY | Rep. Peter Breen Filed: 4/5/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4506
| 2 | | AMENDMENT NO. ______. Amend House Bill 4506 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | prosecution under this Section. | 2 | | "Emotional distress" means significant mental suffering, | 3 | | anxiety or alarm. | 4 | | "Contact" includes any contact with the victim, that is | 5 | | initiated or continued without the victim's consent, or that is | 6 | | in disregard of the victim's expressed desire that the contact | 7 | | be avoided or discontinued, including but not limited to being | 8 | | in the physical presence of the victim; appearing within the | 9 | | sight of the victim; approaching or confronting the victim in a | 10 | | public place or on private property; appearing at the workplace | 11 | | or residence of the victim; entering onto or remaining on | 12 | | property owned, leased, or occupied by the victim; or placing | 13 | | an object on, or delivering an object to, property owned, | 14 | | leased, or occupied by the victim. | 15 | | "Petitioner" means any named petitioner for the stalking no | 16 | | contact order or any named victim of stalking on whose behalf | 17 | | the petition is brought. | 18 | | "Reasonable person" means a person in the petitioner's | 19 | | circumstances with the petitioner's knowledge of the | 20 | | respondent and the respondent's prior acts. | 21 | | "Stalking" means engaging in a course of conduct directed | 22 | | at a specific person, and he or she knows or should know that | 23 | | this course of conduct would cause a reasonable person to fear | 24 | | for his or her safety or the safety of a third person or suffer | 25 | | emotional distress . Stalking does not include an exercise of | 26 | | the right to free speech or assembly that is otherwise lawful |
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| 1 | | or picketing , including, but not limited to, picketing | 2 | | occurring at the workplace that is otherwise lawful , and arises | 3 | | out of a bona fide labor dispute, including any controversy | 4 | | concerning wages, salaries, hours, working conditions or | 5 | | benefits, including health and welfare, sick leave, insurance, | 6 | | and pension or retirement provisions, the making or maintaining | 7 | | of collective bargaining agreements, and the terms to be | 8 | | included in those agreements. | 9 | | "Stalking No Contact Order" means an emergency order or | 10 | | plenary order granted under this Act, which includes a remedy | 11 | | authorized by Section 80 of this Act.
| 12 | | (Source: P.A. 96-246, eff. 1-1-10.)
| 13 | | Section 10. The Criminal Code of 2012 is amended by | 14 | | changing Sections 12-7.3 and 12-7.5 as follows:
| 15 | | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
| 16 | | Sec. 12-7.3. Stalking.
| 17 | | (a) A person commits stalking when he or she knowingly | 18 | | engages in a course of conduct directed at a specific person, | 19 | | and he or she knows or should know that this course of conduct | 20 | | would cause a reasonable person to : (1) fear for his or her | 21 | | safety or the safety of a third person ; or (2) suffer other | 22 | | emotional distress . | 23 | | (a-3) A person commits stalking when he or she, knowingly | 24 | | and without
lawful justification, on at least 2 separate |
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| 1 | | occasions follows
another person
or places the person under | 2 | | surveillance or any combination thereof and:
| 3 | | (1) at any time transmits a threat of immediate or | 4 | | future bodily harm, sexual
assault, confinement or | 5 | | restraint and the threat is directed towards that
person or | 6 | | a family member of that
person; or
| 7 | | (2) places that person in reasonable apprehension of | 8 | | immediate or future
bodily harm, sexual assault, | 9 | | confinement or restraint to or of that person or a family | 10 | | member of that person.
| 11 | | (a-5) A person commits stalking when he or she has | 12 | | previously been
convicted of stalking another person and | 13 | | knowingly and without lawful
justification on one occasion:
| 14 | | (1) follows that same person or places that same person | 15 | | under
surveillance; and
| 16 | | (2) transmits a threat of immediate or future bodily | 17 | | harm, sexual
assault, confinement or restraint to that | 18 | | person or a family member of that person.
| 19 | | (b) Sentence.
Stalking is a Class 4 felony; a second or | 20 | | subsequent
conviction is a Class 3 felony.
| 21 | | (c) Definitions. For purposes of this Section: | 22 | | (1) "Course of conduct" means 2 or more acts, including | 23 | | but not limited to acts in which a defendant directly, | 24 | | indirectly, or through third parties, by any action, | 25 | | method, device, or means follows, monitors, observes, | 26 | | surveils, threatens, or communicates to or about, a person, |
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| 1 | | engages in other non-consensual contact, or interferes | 2 | | with or damages a person's property or pet. A course of | 3 | | conduct may include contact via electronic communications. | 4 | | (2) "Electronic communication" means any transfer of | 5 | | signs, signals, writings, sounds, data, or intelligence of | 6 | | any nature transmitted in whole or in part by a wire, | 7 | | radio, electromagnetic, photoelectric, or photo-optical | 8 | | system. "Electronic communication" includes transmissions | 9 | | by a computer through the Internet to another computer. | 10 | | (3) (Blank). "Emotional distress" means significant | 11 | | mental suffering, anxiety or alarm. | 12 | | (4) "Family member" means a parent,
grandparent, | 13 | | brother, sister, or child, whether by whole blood, | 14 | | half-blood, or
adoption and includes a step-grandparent, | 15 | | step-parent, step-brother,
step-sister or step-child. | 16 | | "Family member" also means any other person who
regularly | 17 | | resides in the household, or who, within the prior 6 | 18 | | months,
regularly resided in the household. | 19 | | (5) "Follows another person" means (i) to
move in | 20 | | relative proximity to a person as that person moves from | 21 | | place to place
or (ii) to remain in relative proximity to a | 22 | | person who is stationary or whose
movements are confined to | 23 | | a small area.
"Follows another person" does not
include a | 24 | | following within the residence of the defendant. | 25 | | (6) "Non-consensual contact" means any contact with | 26 | | the victim that is initiated or continued without the |
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| 1 | | victim's consent, including but not limited to being in the | 2 | | physical presence of the victim; appearing within the sight | 3 | | of the victim; approaching or confronting the victim in a | 4 | | public place or on private property; appearing at the | 5 | | workplace or residence of the victim; entering onto or | 6 | | remaining on property owned, leased, or occupied by the | 7 | | victim; or placing an object on, or delivering an object | 8 | | to, property owned, leased, or occupied by the victim. | 9 | | (7) "Places a person under
surveillance" means: (1) | 10 | | remaining present outside the person's school, place of
| 11 | | employment, vehicle, other place occupied by the person, or | 12 | | residence other
than the residence of the defendant; or (2) | 13 | | placing an electronic tracking device on the person or the | 14 | | person's property. | 15 | | (8) "Reasonable person" means a person in the victim's | 16 | | situation. | 17 | | (9) "Transmits a threat" means a verbal
or
written | 18 | | threat or a threat implied by a pattern of conduct or a | 19 | | combination of
verbal or written statements or conduct. | 20 | | (d) Exemptions. | 21 | | (1) This Section does not apply to any individual or | 22 | | organization (i) monitoring or attentive to compliance | 23 | | with public or worker safety laws, wage and hour | 24 | | requirements, or other statutory requirements, or (ii) | 25 | | picketing occurring at the workplace that is otherwise | 26 | | lawful and arises out of a bona fide labor dispute, |
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| 1 | | including any controversy concerning wages, salaries, | 2 | | hours, working conditions or benefits, including health | 3 | | and welfare, sick leave, insurance, and pension or | 4 | | retirement provisions, the making or maintaining of | 5 | | collective bargaining agreements, and the terms to be | 6 | | included in those agreements. | 7 | | (2) This Section does not apply to an exercise of the | 8 | | right to free speech or assembly that is otherwise lawful. | 9 | | (3) Telecommunications carriers, commercial mobile | 10 | | service providers, and providers of information services, | 11 | | including, but not limited to, Internet service providers | 12 | | and hosting service providers, are not liable under this | 13 | | Section, except for willful and wanton misconduct, by | 14 | | virtue of the transmission, storage, or caching of | 15 | | electronic communications or messages of others or by | 16 | | virtue of the provision of other related | 17 | | telecommunications, commercial mobile services, or | 18 | | information services used by others in violation of this | 19 | | Section. | 20 | | (d-5) The incarceration of a person in a penal institution | 21 | | who commits the course of conduct or transmits a
threat is not | 22 | | a bar to prosecution under this Section.
| 23 | | (d-10) A defendant who directed the actions of a third | 24 | | party to violate this Section, under the principles of | 25 | | accountability set forth in Article 5 of this Code, is guilty | 26 | | of violating this Section as if the same had been personally |
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| 1 | | done by the defendant, without regard to the mental state of | 2 | | the third party acting at the direction of the defendant. | 3 | | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | 4 | | 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
| 5 | | (720 ILCS 5/12-7.5)
| 6 | | Sec. 12-7.5. Cyberstalking.
| 7 | | (a) A person commits cyberstalking when he or she engages | 8 | | in a course of conduct using electronic communication directed | 9 | | at a specific person, and he or she knows or should know that | 10 | | would cause a reasonable person to : (1) fear for his or her | 11 | | safety or the safety of a third person ; or (2) suffer other | 12 | | emotional distress . | 13 | | (a-3) A person commits cyberstalking when he or she, | 14 | | knowingly and without
lawful justification, on at least 2 | 15 | | separate occasions, harasses another person
through the use of | 16 | | electronic communication and:
| 17 | | (1) at any time transmits a threat of immediate or | 18 | | future bodily harm,
sexual assault, confinement, or | 19 | | restraint and the threat is directed towards
that person or | 20 | | a family member of that person; or
| 21 | | (2) places that person or a family member of that | 22 | | person in reasonable
apprehension of immediate or future | 23 | | bodily harm, sexual assault, confinement,
or restraint; or
| 24 | | (3) at any time knowingly solicits the commission of an | 25 | | act by any person which would be a violation of this Code |
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| 1 | | directed towards that person or a family member of that | 2 | | person. | 3 | | (a-4) A person commits cyberstalking when he or she | 4 | | knowingly, surreptitiously, and without lawful justification, | 5 | | installs or otherwise places electronic monitoring software or | 6 | | spyware on an electronic communication device as a means to | 7 | | harass another person and: | 8 | | (1) at any time transmits a threat of immediate or | 9 | | future bodily harm, sexual assault, confinement, or | 10 | | restraint and the threat is directed towards that person or | 11 | | a family member of that person; | 12 | | (2) places that person or a family member of that | 13 | | person in reasonable apprehension of immediate or future | 14 | | bodily harm, sexual assault, confinement, or restraint; or | 15 | | (3) at any time knowingly solicits the commission of an | 16 | | act by any person which would be a violation of this Code | 17 | | directed towards that person or a family member of that | 18 | | person. | 19 | | For purposes of this Section, an installation or placement | 20 | | is not surreptitious if: | 21 | | (1) with respect to electronic software, hardware, or | 22 | | computer applications, clear notice regarding the use of | 23 | | the specific type of tracking software or spyware is | 24 | | provided by the installer in advance to the owners and | 25 | | primary users of the electronic software, hardware, or | 26 | | computer application; or |
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| 1 | | (2) written or electronic consent of all owners and | 2 | | primary users of the electronic software, hardware, or | 3 | | computer application on which the tracking software or | 4 | | spyware will be installed has been sought and obtained | 5 | | through a mechanism that does not seek to obtain any other | 6 | | approvals or acknowledgement from the owners and primary | 7 | | users. | 8 | | (a-5) A person commits cyberstalking when he or she, | 9 | | knowingly and without lawful justification, creates and | 10 | | maintains an Internet website or webpage which is accessible to | 11 | | one or more third parties for a period of at least 24 hours, | 12 | | and which contains statements harassing another person and: | 13 | | (1) which communicates a threat of immediate or future | 14 | | bodily harm, sexual assault, confinement, or restraint, | 15 | | where the threat is directed towards that person or a | 16 | | family member of that person, or | 17 | | (2) which places that person or a family member of that | 18 | | person in reasonable apprehension of immediate or future | 19 | | bodily harm, sexual assault, confinement, or restraint, or | 20 | | (3) which knowingly solicits the commission of an act | 21 | | by any person which would be a violation of this Code | 22 | | directed towards that person or a family member of that | 23 | | person.
| 24 | | (b) Sentence. Cyberstalking is a Class 4 felony; a second | 25 | | or subsequent
conviction is a Class 3 felony.
| 26 | | (c) For purposes of this Section: |
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| 1 | | (1) "Course of conduct" means 2 or more acts, including | 2 | | but not limited to acts in which a defendant directly, | 3 | | indirectly, or through third parties, by any action, | 4 | | method, device, or means follows, monitors, observes, | 5 | | surveils, threatens, or communicates to or about, a person, | 6 | | engages in other non-consensual contact, or interferes | 7 | | with or damages a person's property or pet. The | 8 | | incarceration in a penal institution of a person who | 9 | | commits the course of conduct is not a bar to prosecution | 10 | | under this Section. | 11 | | (2) "Electronic communication" means any transfer of | 12 | | signs, signals, writings, sounds, data, or intelligence of | 13 | | any nature transmitted in whole or in part by a wire, | 14 | | radio, electromagnetic, photoelectric, or photo-optical | 15 | | system. "Electronic communication" includes transmissions | 16 | | through an electronic device including, but not limited to, | 17 | | a telephone, cellular phone, computer, or pager, which | 18 | | communication includes, but is not limited to, e-mail, | 19 | | instant message, text message, or voice mail. | 20 | | (2.1) "Electronic communication device" means an | 21 | | electronic device, including, but not limited to, a | 22 | | wireless telephone, personal digital assistant, or a | 23 | | portable or mobile computer. | 24 | | (2.2) "Electronic monitoring software or spyware" | 25 | | means software or an application that surreptitiously | 26 | | tracks computer activity on a device and records and |
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| 1 | | transmits the information to third parties with the intent | 2 | | to cause injury or harm. For the purposes of this paragraph | 3 | | (2.2), "intent to cause injury or harm" does not include | 4 | | activities carried out in furtherance of the prevention of | 5 | | fraud or crime or of protecting the security of networks, | 6 | | online services, applications, software, other computer | 7 | | programs, users, or electronic communication devices or | 8 | | similar devices. | 9 | | (3) (Blank). "Emotional distress" means significant | 10 | | mental suffering, anxiety or alarm. | 11 | | (4) "Harass"
means to engage in a knowing and willful | 12 | | course of conduct directed at a
specific person
that | 13 | | alarms, torments, or terrorizes that person. | 14 | | (5) "Non-consensual contact" means any contact with | 15 | | the victim that is initiated or continued without the | 16 | | victim's consent, including but not limited to being in the | 17 | | physical presence of the victim; appearing within the sight | 18 | | of the victim; approaching or confronting the victim in a | 19 | | public place or on private property; appearing at the | 20 | | workplace or residence of the victim; entering onto or | 21 | | remaining on property owned, leased, or occupied by the | 22 | | victim; or placing an object on, or delivering an object | 23 | | to, property owned, leased, or occupied by the victim. | 24 | | (6) "Reasonable person" means a person in the victim's | 25 | | circumstances, with the victim's knowledge of the | 26 | | defendant and the defendant's prior acts. |
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| 1 | | (7) "Third party" means any person other than the | 2 | | person violating these provisions and the person or persons | 3 | | towards whom the violator's actions are directed. | 4 | | (d) Telecommunications carriers, commercial mobile service | 5 | | providers, and providers of information services, including, | 6 | | but not limited to, Internet service providers and hosting | 7 | | service providers, are not liable under this Section, except | 8 | | for willful and wanton misconduct, by virtue of the | 9 | | transmission, storage, or caching of electronic communications | 10 | | or messages of others or by virtue of the provision of other | 11 | | related telecommunications, commercial mobile services, or | 12 | | information services used by others in violation of this | 13 | | Section. | 14 | | (e) A defendant who directed the actions of a third party | 15 | | to violate this Section, under the principles of accountability | 16 | | set forth in Article 5 of this Code, is guilty of violating | 17 | | this Section as if the same had been personally done by the | 18 | | defendant, without regard to the mental state of the third | 19 | | party acting at the direction of the defendant. | 20 | | (f) It is not a violation of this Section to: | 21 | | (1) provide, protect, maintain, update, or upgrade | 22 | | networks, online services, applications, software, other | 23 | | computer programs, electronic communication devices, or | 24 | | similar devices under the terms of use applicable to those | 25 | | networks, services, applications, software, programs, or | 26 | | devices; |
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| 1 | | (2) interfere with or prohibit terms or conditions in a | 2 | | contract or license related to networks, online services, | 3 | | applications, software, other computer programs, | 4 | | electronic communication devices, or similar devices; or | 5 | | (3) create any liability by reason of terms or | 6 | | conditions adopted, or technical measures implemented, to | 7 | | prevent the transmission of unsolicited electronic mail or | 8 | | communications. | 9 | | (Source: P.A. 100-166, eff. 1-1-18 .)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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