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90_HB3037
720 ILCS 5/12-7.4 from Ch. 38, par. 12-7.4
Amends the Criminal Code of 1961. Provides that a person
who commits stalking and has been previously convicted of or
placed on supervision for any of the following: (1) making an
obscene phone call against the victim of the stalking; (2) an
assault or aggravated assault committed against a family or
household member; or (3) domestic battery is guilty of
aggravated stalking.
LRB9008514RCpc
LRB9008514RCpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-7.4.
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 12-7.4 as follows:
7 (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
8 Sec. 12-7.4. Aggravated stalking.
9 (a) A person commits aggravated stalking when he or she,
10 in conjunction with committing the offense of stalking, also
11 does any of the following:
12 (1) causes bodily harm to the victim;
13 (2) confines or restrains the victim; or
14 (3) violates a temporary restraining order, an
15 order of protection, or an injunction prohibiting the
16 behavior described in subsection (b)(1) of Section 214 of
17 the Illinois Domestic Violence Act of 1986.
18 (a-5) A person commits aggravated stalking when he or
19 she commits the offense of stalking and has been previously
20 convicted of or received a disposition of supervision for any
21 of the following:
22 (1) making an obscene telephone call to the victim
23 of the stalking in violation of Section 1 of the Obscene
24 Phone Call Act; or
25 (2) an assault or aggravated assault committed
26 against a family or household member as defined in
27 Subsection (3) of Section 112A-3 of the Code of Criminal
28 Procedure of 1963; or
29 (3) domestic battery.
30 (b) Sentence. Aggravated stalking is a Class 3 felony.
31 A second or subsequent conviction for aggravated stalking is
-2- LRB9008514RCpc
1 a Class 2 felony.
2 (c) Exemption. This Section does not apply to picketing
3 occurring at the workplace that is otherwise lawful and
4 arises out of a bona fide labor dispute, or any exercise of
5 the right of free speech or assembly that is otherwise
6 lawful.
7 (d) For purposes of this Section, "bona fide labor
8 dispute" has the meaning ascribed to it in Section 12-7.3.
9 (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff.
10 8-18-95.)