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90_HB2026
720 ILCS 5/12-7.3 from Ch. 38, par. 12-7.3
Amends the Criminal Code of 1961. Includes harassment
and threats to family members of stalking victims in the
definition of stalking. Includes in the definition of
stalking placing a person in reasonable apprehension that a
family member will receive immediate or future bodily harm,
sexual assault, confinement, or restraint. Defines
"harasses", "transmits a threat" and "family member". Adds
that incarceration in prison of a person who transmits a
threat is not a bar to prosecution.
LRB9004698RCbd
LRB9004698RCbd
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-7.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-7.3 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 and without lawful justification, on at least 2 separate
11 occasions follows or harasses another person or places the
12 person under surveillance or any combination thereof and:
13 (1) at any time transmits a threat to that person
14 of immediate or future bodily harm, sexual assault,
15 confinement or restraint and the threat is directed
16 towards that person or a family member of that person; or
17 (2) places that person in reasonable apprehension
18 of immediate or future bodily harm, sexual assault,
19 confinement or restraint; or.
20 (3) places that person in reasonable apprehension
21 that a family member will receive immediate or future
22 bodily harm, sexual assault, confinement, or restraint.
23 (b) Sentence. Stalking is a Class 4 felony. A second or
24 subsequent conviction for stalking is a Class 3 felony.
25 (b-5) The incarceration of a person in a penal
26 institution who transmits a threat shall not be a bar to
27 prosecution under this Section.
28 (c) Exemption. This Section does not apply to picketing
29 occurring at the workplace that is otherwise lawful and
30 arises out of a bona fide labor dispute, or any exercise of
31 the right of free speech or assembly that is otherwise
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1 lawful.
2 (d) For the purpose of this Section, a defendant "places
3 a person under surveillance" by remaining present outside the
4 person's school, place of employment, vehicle, other place
5 occupied by the person, or residence other than the residence
6 of the defendant.
7 (e) For the purpose of this Section, "follows another
8 person" means (i) to move in relative proximity to a person
9 as that person moves from place to place or (ii) to remain in
10 relative proximity to a person who is stationary or whose
11 movements are confined to a small area. "Follows another
12 person" does not include a following within the residence of
13 the defendant.
14 (f) For the purposes of this Section and Section 12-7.4,
15 "bona fide labor dispute" means any controversy concerning
16 wages, salaries, hours, working conditions, or benefits,
17 including health and welfare, sick leave, insurance, and
18 pension or retirement provisions, the making or maintaining
19 of collective bargaining agreements, and the terms to be
20 included in those agreements.
21 (g) For the purposes of this Section, "harasses" means
22 knowing conduct that is not necessary to accomplish a purpose
23 which is reasonable under the circumstances; would cause a
24 reasonable person emotional distress; and does cause
25 emotional distress to the person.
26 (h) For the purposes of this Section, "transmits a
27 threat" means a verbal or written threat or a threat implied
28 by a pattern of conduct or a combination of verbal or written
29 statements or conduct.
30 (i) For the purposes of this Section, "family member"
31 means a parent, grandparent, brother, sister, or child,
32 whether by whole blood, half-blood, or adoption and includes
33 a step-grandparent, step-parent, step-brother, step-sister or
34 step-child. "Family member" also means any other person who
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1 regularly resides in the household, or who, within the prior
2 6 months, regularly resided in the household.
3 (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff.
4 8-18-95.)