Full Text of HB5770 95th General Assembly
HB5770 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5770
Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
|
720 ILCS 5/12-7.3 |
from Ch. 38, par. 12-7.3 |
|
Amends the Criminal Code of 1961 relating to the offense of stalking. Provides that if a person ignores another person's request not to follow him or her or his or her family members, a rebuttable presumption exists that the person has transmitted a threat of immediate or future bodily harm. Provides that if a person remains outside another person's home for a period of time in excess of 10 minutes or for a period of time totaling 30 minutes within a 24-hour period on 5 or more occasions, a rebuttable presumption exists that the person has transmitted a threat of immediate or future bodily harm.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB5770 |
|
LRB095 16744 RLC 42778 b |
|
| 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 |
| 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 and | 9 |
| without
lawful justification, on at least 2 separate occasions | 10 |
| follows
another person
or places the person under surveillance | 11 |
| or any combination thereof and:
| 12 |
| (1) at any time transmits a threat of immediate or | 13 |
| future bodily harm, sexual
assault, confinement or | 14 |
| restraint and the threat is directed towards that
person or | 15 |
| a family member of that
person; or
| 16 |
| (2) places that person in reasonable apprehension of | 17 |
| immediate or future
bodily harm, sexual assault, | 18 |
| confinement or restraint; or
| 19 |
| (3) places that person in reasonable apprehension that | 20 |
| a family member
will receive immediate or future bodily | 21 |
| harm, sexual assault, confinement, or
restraint.
| 22 |
| (a-5) A person commits stalking when he or she has | 23 |
| previously been
convicted of stalking another person and |
|
|
|
HB5770 |
- 2 - |
LRB095 16744 RLC 42778 b |
|
| 1 |
| knowingly and without lawful
justification on one occasion:
| 2 |
| (1) follows that same person or places that same person | 3 |
| under
surveillance; and
| 4 |
| (2) transmits a threat of immediate or future bodily | 5 |
| harm, sexual
assault, confinement or restraint; and
| 6 |
| (3) the threat is directed towards that person or a | 7 |
| family member of
that person.
| 8 |
| (a-6) If a person ignores another person's request not to | 9 |
| follow him or her or his or her family members, a rebuttable | 10 |
| presumption exists that the person has transmitted a threat of | 11 |
| immediate or future bodily harm as described in paragraph (1) | 12 |
| of subsection (a) or paragraph (2) of subsection (a-5). | 13 |
| (a-7) If a person remains outside another person's home for | 14 |
| a period of time in excess of 10 minutes or for a period of time | 15 |
| totaling 30 minutes within a 24-hour period on 5 or more | 16 |
| occasions, a rebuttable presumption exists that the person has | 17 |
| transmitted a threat of immediate or future bodily harm as | 18 |
| described in paragraph (1) of subsection (a) or paragraph (2) | 19 |
| of subsection (a-5). | 20 |
| (b) Sentence.
Stalking is a Class 4 felony. A second or | 21 |
| subsequent
conviction for stalking is a Class 3 felony.
| 22 |
| (b-5) The incarceration of a person in a penal institution | 23 |
| who transmits a
threat is not a bar to prosecution under this | 24 |
| Section.
| 25 |
| (c) Exemption. This Section does not apply to picketing | 26 |
| occurring at
the workplace that is otherwise lawful and arises |
|
|
|
HB5770 |
- 3 - |
LRB095 16744 RLC 42778 b |
|
| 1 |
| out of a bona fide labor
dispute, or any exercise of the right | 2 |
| of free speech or assembly that is
otherwise lawful.
| 3 |
| (d) For the purpose of this Section, a defendant "places a | 4 |
| person under
surveillance" by: (1) remaining present outside | 5 |
| the person's school, place of
employment, vehicle, other place | 6 |
| occupied by the person, or residence other
than the residence | 7 |
| of the defendant; or (2) placing an electronic tracking device | 8 |
| on the person or the person's property.
| 9 |
| (e) For the purpose of this Section,
"follows another | 10 |
| person" means (i) to
move in relative proximity to a person as | 11 |
| that person moves from place to place
or (ii) to remain in | 12 |
| relative proximity to a person who is stationary or whose
| 13 |
| movements are confined to a small area.
"Follows another | 14 |
| person" does not
include a following within the residence of | 15 |
| the defendant.
| 16 |
| (f) For the purposes of this Section and Section 12-7.4, | 17 |
| "bona fide labor
dispute" means any controversy concerning | 18 |
| wages, salaries, hours, working
conditions, or benefits, | 19 |
| including health and welfare, sick leave, insurance,
and
| 20 |
| pension or retirement provisions, the making or maintaining of | 21 |
| collective
bargaining agreements, and the terms to be included | 22 |
| in those agreements.
| 23 |
| (g) For the purposes of this Section, "transmits a threat" | 24 |
| means a verbal
or
written threat or a threat implied by a | 25 |
| pattern of conduct or a combination of
verbal or written | 26 |
| statements or conduct.
|
|
|
|
HB5770 |
- 4 - |
LRB095 16744 RLC 42778 b |
|
| 1 |
| (h) For the purposes of this Section, "family member" means | 2 |
| a parent,
grandparent, brother, sister, or child, whether by | 3 |
| whole blood, half-blood, or
adoption and includes a | 4 |
| step-grandparent, step-parent, step-brother,
step-sister or | 5 |
| step-child. "Family member" also means any other person who
| 6 |
| regularly resides in the household, or who, within the prior 6 | 7 |
| months,
regularly resided in the household.
| 8 |
| (Source: P.A. 95-33, eff. 1-1-08.)
|
|