Full Text of HB0242 99th General Assembly
HB0242eng 99TH 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 2012 is amended by changing | 5 | | Section 12-7.3 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 to or of that person or a family | 3 | | member of that person.
| 4 | | (a-5) A person commits stalking when he or she has | 5 | | previously been
convicted of stalking another person and | 6 | | knowingly and without lawful
justification on one occasion:
| 7 | | (1) follows that same person or places that same person | 8 | | under
surveillance; and
| 9 | | (2) transmits a threat of immediate or future bodily | 10 | | harm, sexual
assault, confinement or restraint to that | 11 | | person or a family member of that person.
| 12 | | (b) Sentence.
Stalking is a Class 4 felony; a second or | 13 | | subsequent
conviction is a Class 3 felony.
| 14 | | (c) Definitions. 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. A course of | 22 | | conduct may include contact via electronic communications. | 23 | | (2) "Electronic communication" means any transfer of | 24 | | signs, signals, writings, sounds, data, or intelligence of | 25 | | any nature transmitted in whole or in part by a wire, | 26 | | radio, electromagnetic, photoelectric, or photo-optical |
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| 1 | | system. "Electronic communication" includes transmissions | 2 | | by a computer through the Internet to another computer. | 3 | | (3) "Emotional distress" means significant mental | 4 | | suffering, anxiety or alarm. | 5 | | (4) "Family member" means a parent,
grandparent, | 6 | | brother, sister, or child, whether by whole blood, | 7 | | half-blood, or
adoption and includes a step-grandparent, | 8 | | step-parent, step-brother,
step-sister or step-child. | 9 | | "Family member" also means any other person who
regularly | 10 | | resides in the household, or who, within the prior 6 | 11 | | months,
regularly resided in the household. | 12 | | (5) "Follows another person" means (i) to
move in | 13 | | relative proximity to a person as that person moves from | 14 | | place to place
or (ii) to remain in relative proximity to a | 15 | | person who is stationary or whose
movements are confined to | 16 | | a small area.
"Follows another person" does not
include a | 17 | | following within the residence of the defendant. | 18 | | (6) "Non-consensual contact" means any contact with | 19 | | the victim that is initiated or continued without the | 20 | | victim's consent, including but not limited to being in the | 21 | | physical presence of the victim; appearing within the sight | 22 | | of the victim; approaching or confronting the victim in a | 23 | | public place or on private property; appearing at the | 24 | | workplace or residence of the victim; entering onto or | 25 | | remaining on property owned, leased, or occupied by the | 26 | | victim; or placing an object on, or delivering an object |
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| 1 | | to, property owned, leased, or occupied by the victim. | 2 | | (7) "Places a person under
surveillance" means: (1) | 3 | | remaining present outside the person's school, place of
| 4 | | employment, vehicle, other place occupied by the person, or | 5 | | residence other
than the residence of the defendant; or (2) | 6 | | placing an electronic tracking device on the person or the | 7 | | person's property , or otherwise tracks the person through | 8 | | any similar available technological means . | 9 | | (8) "Reasonable person" means a person in the victim's | 10 | | situation. | 11 | | (9) "Transmits a threat" means a verbal
or
written | 12 | | threat or a threat implied by a pattern of conduct or a | 13 | | combination of
verbal or written statements or conduct. | 14 | | (d) 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 making or maintaining of | 25 | | collective bargaining agreements, and the terms to be | 26 | | included in those agreements. |
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| 1 | | (2) This Section does not apply to an exercise of the | 2 | | right to free speech or assembly that is otherwise lawful. | 3 | | (3) Telecommunications carriers, commercial mobile | 4 | | service providers, and providers of information services, | 5 | | including, but not limited to, Internet service providers | 6 | | and hosting service providers, are not liable under this | 7 | | Section, except for willful and wanton misconduct, by | 8 | | virtue of the transmission, storage, or caching of | 9 | | electronic communications or messages of others or by | 10 | | virtue of the provision of other related | 11 | | telecommunications, commercial mobile services, or | 12 | | information services used by others in violation of this | 13 | | Section. | 14 | | (d-5) The incarceration of a person in a penal institution | 15 | | who commits the course of conduct or transmits a
threat is not | 16 | | a bar to prosecution under this Section.
| 17 | | (d-10) A defendant who directed the actions of a third | 18 | | party to violate this Section, under the principles of | 19 | | accountability set forth in Article 5 of this Code, is guilty | 20 | | of violating this Section as if the same had been personally | 21 | | done by the defendant, without regard to the mental state of | 22 | | the third party acting at the direction of the defendant. | 23 | | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | 24 | | 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
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