Full Text of SB3411 100th General Assembly
SB3411ham001 100TH GENERAL ASSEMBLY | Rep. Barbara Wheeler Filed: 5/14/2018
| | 10000SB3411ham001 | | LRB100 19997 HEP 40062 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3411
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3411 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Sections 5, 10, and 15 as follows: | 6 | | (740 ILCS 21/5)
| 7 | | Sec. 5. Purpose. Stalking generally refers to a course of | 8 | | conduct, not a single act. Stalking behavior includes following | 9 | | a person, conducting surveillance of the person, appearing at | 10 | | the person's home, work or school, making unwanted phone calls, | 11 | | sending unwanted emails , unwanted messages via social media, or | 12 | | text messages, leaving objects for the person, vandalizing the | 13 | | person's property, or injuring a pet. Stalking is a serious | 14 | | crime. Victims experience fear for their safety, fear for the | 15 | | safety of others and suffer emotional distress. Many victims | 16 | | alter their daily routines to avoid the persons who are |
| | | 10000SB3411ham001 | - 2 - | LRB100 19997 HEP 40062 a |
|
| 1 | | stalking them. Some victims are in such fear that they relocate | 2 | | to another city, town or state. While estimates suggest that | 3 | | 70% of victims know the individuals stalking them, only 30% of | 4 | | victims have dated or been in intimate relationships with their | 5 | | stalkers. All stalking victims should be able to seek a civil | 6 | | remedy requiring the offenders stay away from the victims and | 7 | | third parties.
| 8 | | (Source: P.A. 96-246, eff. 1-1-10.) | 9 | | (740 ILCS 21/10)
| 10 | | Sec. 10. Definitions. For the purposes of this Act: | 11 | | "Course of conduct" means 2 or more acts, including but not | 12 | | limited to acts in which a respondent directly, indirectly, or | 13 | | through third parties, by any action, method, device, or means | 14 | | follows, monitors, observes, surveils, or threatens, or | 15 | | communicates to or about, a person , workplace, school, or place | 16 | | of worship , engages in other contact, or interferes with or | 17 | | damages a person's property or pet. A course of conduct may | 18 | | include contact via electronic communications. The | 19 | | incarceration of a person in a penal institution who commits | 20 | | the course of conduct is not a bar to prosecution under this | 21 | | Section. | 22 | | "Emotional distress" means significant mental suffering, | 23 | | anxiety or alarm. | 24 | | "Contact" includes any contact with the victim, that is | 25 | | initiated or continued without the victim's consent, or that is |
| | | 10000SB3411ham001 | - 3 - | LRB100 19997 HEP 40062 a |
|
| 1 | | in disregard of the victim's expressed desire that the contact | 2 | | be avoided or discontinued, including but not limited to being | 3 | | in the physical presence of the victim; appearing within the | 4 | | sight of the victim; approaching or confronting the victim in a | 5 | | public place or on private property; appearing at the workplace | 6 | | or residence of the victim; entering onto or remaining on | 7 | | property owned, leased, or occupied by the victim; or placing | 8 | | an object on, or delivering an object to, property owned, | 9 | | leased, or occupied by the victim ; and appearing at the | 10 | | prohibited workplace, school, or place of worship . | 11 | | "Petitioner" means any named petitioner for the stalking no | 12 | | contact order or any named victim of stalking on whose behalf | 13 | | the petition is brought. "Petitioner" includes an authorized | 14 | | agent of a place of employment, an authorized agent of a place | 15 | | of worship, or an authorized agent of a school. | 16 | | "Reasonable person" means a person in the petitioner's | 17 | | circumstances with the petitioner's knowledge of the | 18 | | respondent and the respondent's prior acts. | 19 | | "Stalking" means engaging in a course of conduct directed | 20 | | at a specific person, and he or she knows or should know that | 21 | | this course of conduct would cause a reasonable person to fear | 22 | | for his or her safety , the safety of a workplace, school, or | 23 | | place of worship, or the safety of a third person or suffer | 24 | | emotional distress. Stalking does not include an exercise of | 25 | | the right to free speech or assembly that is otherwise lawful | 26 | | or picketing occurring at the workplace that is otherwise |
| | | 10000SB3411ham001 | - 4 - | LRB100 19997 HEP 40062 a |
|
| 1 | | lawful and arises out of a bona fide labor dispute, including | 2 | | any controversy concerning wages, salaries, hours, working | 3 | | conditions or benefits, including health and welfare, sick | 4 | | leave, insurance, and pension or retirement provisions, the | 5 | | making or maintaining of collective bargaining agreements, and | 6 | | the terms to be included in those agreements. | 7 | | "Stalking No Contact Order" means an emergency order or | 8 | | plenary order granted under this Act, which includes a remedy | 9 | | authorized by Section 80 of this Act.
| 10 | | (Source: P.A. 96-246, eff. 1-1-10.) | 11 | | (740 ILCS 21/15)
| 12 | | Sec. 15. Persons protected by this Act. A petition for a | 13 | | stalking no contact order may be filed when relief is not | 14 | | available to the petitioner under the Illinois Domestic | 15 | | Violence Act of 1986: | 16 | | (1) by any person who is a victim of stalking; or | 17 | | (2) by a person on behalf of a minor child or an adult | 18 | | who is a victim of stalking but, because of age, | 19 | | disability, health, or inaccessibility, cannot file the | 20 | | petition ; . | 21 | | (3) by an authorized agent of a workplace; | 22 | | (4) by an authorized agent of a place of worship; or | 23 | | (5) by an authorized agent of a school.
| 24 | | (Source: P.A. 96-246, eff. 1-1-10.)".
|
|