Full Text of SB0995 100th General Assembly
SB0995sam001 100TH GENERAL ASSEMBLY | Sen. Kyle McCarter Filed: 4/25/2017
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| 1 | | AMENDMENT TO SENATE BILL 995
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 995 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 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 | | Sec. 12-7.4. Aggravated stalking.
| 8 | | (a) A person commits
aggravated stalking when he or she | 9 | | commits stalking and:
| 10 | | (1) causes bodily harm to the victim;
| 11 | | (2) confines or restrains the victim; or
| 12 | | (2.1) causes damage to the property of the victim; | 13 | | (2.2) engages in harassment or intimidation of the | 14 | | victim; or
| 15 | | (3) violates a temporary
restraining order, an order of | 16 | | protection, a stalking no contact order, a civil no contact |
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| 1 | | order, a workplace protection restraining order, or an | 2 | | injunction
prohibiting the behavior described in
| 3 | | subsection (b)(1) of Section 214 of the Illinois Domestic | 4 | | Violence Act of 1986.
| 5 | | (a-1) A person commits
aggravated stalking when he or she | 6 | | is required to register under the Sex Offender Registration Act | 7 | | or has been previously required to register under that Act and | 8 | | commits the offense of stalking when the victim of the stalking | 9 | | is also the victim of the offense for which the sex offender is | 10 | | required to register under the Sex Offender Registration Act or | 11 | | a family member of the victim. | 12 | | (b) Sentence. Aggravated stalking is a Class 3 felony; a | 13 | | second or
subsequent conviction is a Class 2
felony.
| 14 | | (c) Exemptions. | 15 | | (1) This Section does not apply to any individual or | 16 | | organization (i) monitoring or attentive to compliance | 17 | | with public or worker safety laws, wage and hour | 18 | | requirements, or other statutory requirements, or (ii) | 19 | | picketing occurring at the
workplace that is otherwise | 20 | | lawful and arises out of a bona fide labor
dispute | 21 | | including any controversy concerning wages, salaries, | 22 | | hours, working conditions or benefits, including health | 23 | | and welfare, sick leave, insurance, and pension or | 24 | | retirement provisions, the managing or maintenance of | 25 | | collective bargaining agreements, and the terms to be | 26 | | included in those agreements , unless the individual or |
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| 1 | | organization has engaged in acts of violence or there is a | 2 | | credible threat of violence. As used in this paragraph (1), | 3 | | "credible threat of violence" means a statement or course | 4 | | of conduct that causes a reasonable person to fear for the | 5 | | person's safety at his or her workplace or for the safety | 6 | | of others at his or her workplace or for the safety of any | 7 | | property owned, rented, or leased by the victim . | 8 | | (2) This Section does not apply to an exercise of the | 9 | | right of free speech or assembly that is
otherwise lawful.
| 10 | | (3) Telecommunications carriers, commercial mobile | 11 | | service providers, and providers of information services, | 12 | | including, but not limited to, Internet service providers | 13 | | and hosting service providers, are not liable under this | 14 | | Section, except for willful and wanton misconduct, by | 15 | | virtue of the transmission, storage, or caching of | 16 | | electronic communications or messages of others or by | 17 | | virtue of the provision of other related | 18 | | telecommunications, commercial mobile services, or | 19 | | information services used by others in violation of this | 20 | | Section.
| 21 | | (d) A defendant who directed the actions of a third party | 22 | | to violate this Section, under the principles of accountability | 23 | | set forth in Article 5 of this Code, is guilty of violating | 24 | | this Section as if the same had been personally done by the | 25 | | defendant, without regard to the mental state of the third | 26 | | party acting at the direction of the defendant. |
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| 1 | | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | 2 | | 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff. | 3 | | 1-1-13.)
| 4 | | Section 10. The Workplace Violence Prevention Act is | 5 | | amended by changing Sections 10 and 130 as follows: | 6 | | (820 ILCS 275/10)
| 7 | | Sec. 10. Definitions. As used in this Act: | 8 | | "Credible threat of violence" means a statement or course | 9 | | of conduct that causes a reasonable person to fear for the | 10 | | person's safety at his or her workplace or for the safety of | 11 | | others at his or her workplace. | 12 | | "Employee" means: | 13 | | (1) a person employed or permitted to work or perform a | 14 | | service for remuneration; | 15 | | (2) a member of a board of directors of any | 16 | | organization; | 17 | | (3) an elected or appointed public officer; and | 18 | | (4) a volunteer, independent contractor, agency | 19 | | worker, or any other person who performs services for an | 20 | | employer at the employer's place of work. | 21 | | "Employer" means an individual, partnership, association, | 22 | | limited liability company, corporation, business trust, the | 23 | | State, a governmental agency, or a political subdivision that | 24 | | has at least 15 employees during any work week . |
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| 1 | | "Petitioner" means any employer who commences a proceeding | 2 | | for a workplace protection restraining order. | 3 | | "Respondent" means a person against whom a workplace | 4 | | protection restraining order proceeding has been commenced. | 5 | | "Workplace" or "place of work" means any property that is | 6 | | owned or leased by the employer and at which the official | 7 | | business of the petitioner is conducted. | 8 | | "Unlawful violence" means any act of violence, harassment, | 9 | | or stalking as defined by the Criminal Code of 2012.
| 10 | | (Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.) | 11 | | (820 ILCS 275/130) | 12 | | Sec. 130. Exemption. | 13 | | (a) This Act does not apply to any individual or | 14 | | organization that is lawfully (i) monitoring for compliance | 15 | | with public or worker safety laws, wage and hour requirements, | 16 | | or other statutory requirements or (ii) picketing, patrolling, | 17 | | using a banner, or otherwise protesting at the
workplace in | 18 | | relation to a bona fide labor
dispute including any controversy | 19 | | concerning wages, salaries, hours, working conditions or | 20 | | benefits, including health and welfare, sick leave, insurance, | 21 | | and pension or retirement provisions, the making or maintaining | 22 | | of collective bargaining agreements, and the terms to be | 23 | | included in those agreements , unless the individual or | 24 | | organization has engaged in unlawful violence against the | 25 | | employer seeking the workplace protection restraining order or |
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| 1 | | the property of the employer or there is a credible threat of | 2 | | violence against the employee, the employer, or the property of | 3 | | the employee or the employer . | 4 | | (b) This Act does not apply to any lawful exercise of the | 5 | | right of free speech or assembly.
| 6 | | (Source: P.A. 98-766, eff. 7-16-14.)".
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