Public Act 097-0468
 
HB0277 EnrolledLRB097 05792 RLC 45860 b

    AN ACT concerning sex offenders.
 
    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 changing
Section 12-7.4 as follows:
 
    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
    (Text of Section after amendment by P.A. 96-1551)
    Sec. 12-7.4. Aggravated stalking.
    (a) A person commits aggravated stalking when he or she
commits stalking and:
        (1) causes bodily harm to the victim;
        (2) confines or restrains the victim; or
        (3) violates a temporary restraining order, an order of
    protection, a stalking no contact order, a civil no contact
    order, or an injunction prohibiting the behavior described
    in subsection (b)(1) of Section 214 of the Illinois
    Domestic Violence Act of 1986.
    (a-1) A person commits aggravated stalking when he or she
is required to register under the Sex Offender Registration Act
or has been previously required to register under that Act and
commits the offense of stalking when the victim of the stalking
is also the victim of the offense for which the sex offender is
required to register under the Sex Offender Registration Act or
a family member of the victim.
    (b) Sentence. Aggravated stalking is a Class 3 felony; a
second or subsequent conviction is a Class 2 felony.
    (c) Exemptions.
        (1) This Section does not apply to any individual or
    organization (i) monitoring or attentive to compliance
    with public or worker safety laws, wage and hour
    requirements, or other statutory requirements, or (ii)
    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 managing or maintenance of
    collective bargaining agreements, and the terms to be
    included in those agreements.
        (2) This Section does not apply to an exercise of the
    right of free speech or assembly that is otherwise lawful.
        (3) Telecommunications carriers, commercial mobile
    service providers, and providers of information services,
    including, but not limited to, Internet service providers
    and hosting service providers, are not liable under this
    Section, except for willful and wanton misconduct, by
    virtue of the transmission, storage, or caching of
    electronic communications or messages of others or by
    virtue of the provision of other related
    telecommunications, commercial mobile services, or
    information services used by others in violation of this
    Section.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11.)

Effective Date: 1/1/2012