[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3040
720 ILCS 5/12-7.3 from Ch. 38, par. 12-7.3
Amends the Criminal Code of 1961. Makes a stylistic
change in the stalking statute.
LRB9010807RCks
LRB9010807RCks
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 another person or places the person under
12 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; or
16 (2) places that person in reasonable apprehension
17 of immediate or future bodily harm, sexual assault,
18 confinement or restraint.
19 (b) Sentence. Stalking is a Class 4 felony. A second or
20 subsequent conviction for stalking is a Class 3 felony.
21 (c) Exemption. This Section does not apply to picketing
22 occurring at the workplace that is otherwise lawful and
23 arises out of a bona fide labor dispute, or any exercise of
24 the right of free speech or assembly that is otherwise
25 lawful.
26 (d) For the purpose of this Section, a defendant "places
27 a person under surveillance" by remaining present outside the
28 person's school, place of employment, vehicle, other place
29 occupied by the person, or residence other than the residence
30 of the defendant.
31 (e) For the purpose of this Section, "follows another
-2- LRB9010807RCks
1 person" means (I) (i) to move in relative proximity to a
2 person as that person moves from place to place or (II) (ii)
3 to remain in relative proximity to a person who is stationary
4 or whose movements are confined to a small area. "Follows
5 another person" does not include a following within the
6 residence of the defendant.
7 (f) For the purposes of this Section and Section 12-7.4,
8 "bona fide labor dispute" means any controversy concerning
9 wages, salaries, hours, working conditions, or benefits,
10 including health and welfare, sick leave, insurance, and
11 pension or retirement provisions, the making or maintaining
12 of collective bargaining agreements, and the terms to be
13 included in those agreements.
14 (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff.
15 8-18-95.)