HB1073eng 97TH GENERAL ASSEMBLY

HB1073 Engrossed LRB097 05786 RLC 45854 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 12-7.7 as follows:

(720 ILCS 5/12-7.7 new)

Sec. 12-7.7. Perpetual harassment.

(a) A person commits perpetual harassment when he or she purposely and repeatedly harasses another person or follows another person with the intent of harassing that person.

(b) Sentence. Perpetual harassment is a Class A misdemeanor. A second or subsequent conviction for perpetual harassment is a Class 4 felony if the offense was committed against the same victim.

(c) For the purposes of this Section, "harass" means to engage in a course of conduct directed at a specific person that serves no legitimate purpose, that would cause a reasonable person to suffer substantial emotional distress, and that actually causes substantial emotional distress to that person; and "substantial emotional distress" means significant mental suffering, anxiety, or alarm.

(d) Perpetual harassment does not include an exercise of the right to free speech or assembly that is otherwise lawful or picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.