HARASS&OBSCENE COMM-MINORS Senate SponsorsSen. Linda Holmes, Michael W. Frerichs, John M. Sullivan, Matt Murphy, John O. Jones, Larry K. Bomke, Deanna Demuzio, M. Maggie Crotty and Edward D. Maloney House Sponsors(Rep. Sidney H. Mathias-Robert F. Flider-Mike Boland-Jack McGuire) 10/3/2008SenatePublic Act . . . . . . . . . 95-0984 720 ILCS 135/1-2720 ILCS 135/2from Ch. 134, par. 16.5Amends the Harassing and Obscene Communications Act relating to the offense of harassment through electronic communications. Provides that it is a Class 4 felony to use an electronic communication to engage in a course of conduct that consists of contact by a person at least 18 years of age at the time of the commission of the offense with a person under 18 years of age at the time of the commission of the offense in which the course of conduct demonstrates a knowing disregard for the health, safety, and welfare of the contacted person.Senate Committee Amendment No. 1 Changes the offense. Provides that a person also commits harassment through electronic communications by electronically communicating directly with another person with the intent to commit a violation of the Sex Offenses Article or Bodily Harm Article of the Criminal Code of 1961 with that person, and when the person initiating the communication is 18 years of age or older and the party communicated with is, or is believed to be, under 18 years of age. Provides that a violation is a Class 4 felony.Senate Floor Amendment No. 2 Provides that 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 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 the harassment through electronic communications statute.Senate Floor Amendment No. 3 Provides that the immunity from liability for telecommunication carriers, commercial mobile service providers, and providers of information services does not apply in cases of willful and wanton misconduct.House Amendment No. 1 Deletes new amendatory language that defines harassment through electronic communication to include electronically communicating directly with another person with the intent to commit a violation of Article 11 or Article 12 of the Criminal Code of 1961 with that person, and when the person initiating the communication is 18 years of age or older and the party communicated with is, or is believed to be, under 18 years of age. Provides that it is a Class 4 felony violation of the Harassing and Obscene Communications Act if the offender was at least 18 years of age at the time of the commission of the offense and the victim was under 18 years of age at the time of the commission of the offense. 2/15/2008SenateFiled with Secretary by Sen. Linda Holmes 2/15/2008SenateFirst Reading 2/15/2008SenateReferred to Rules 2/28/2008SenateAdded as Co-Sponsor Sen. Michael W. Frerichs 2/28/2008SenateAssigned to Judiciary Criminal Law 3/6/2008SenatePostponed - Judiciary Criminal Law 3/6/2008SenateAdded as Co-Sponsor Sen. John M. Sullivan 3/10/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Linda Holmes 3/10/2008SenateSenate Committee Amendment No. 1 Referred to Rules 3/11/2008SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law 3/11/2008SenateSenate Committee Amendment No. 1 Adopted 3/12/2008SenateDo Pass as Amended Judiciary Criminal Law; 006-000-000 3/12/2008SenatePlaced on Calendar Order of 2nd Reading March 13, 2008 3/31/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Linda Holmes 3/31/2008SenateSenate Floor Amendment No. 2 Referred to Rules 4/1/2008SenateAdded as Co-Sponsor Sen. Matt Murphy 4/1/2008SenateAdded as Co-Sponsor Sen. John O. Jones 4/1/2008SenateAdded as Co-Sponsor Sen. Larry K. Bomke 4/2/2008SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary Criminal Law 4/3/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary Criminal Law; 009-000-000 4/7/2008SenateAdded as Co-Sponsor Sen. Deanna Demuzio 4/8/2008SenateAdded as Co-Sponsor Sen. M. Maggie Crotty 4/9/2008SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Linda Holmes 4/9/2008SenateSenate Floor Amendment No. 3 Referred to Rules 4/15/2008SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary Criminal Law 4/16/2008SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary Criminal Law; 007-000-000 4/16/2008SenateSecond Reading 4/16/2008SenateSenate Floor Amendment No. 2 Adopted; Holmes 4/16/2008SenateSenate Floor Amendment No. 3 Adopted; Holmes 4/16/2008SenatePlaced on Calendar Order of 3rd Reading April 17, 2008 4/17/2008SenateThird Reading - Passed; 055-000-000 4/17/2008HouseArrived in House 4/17/2008HousePlaced on Calendar Order of First Reading 4/17/2008HouseChief House Sponsor Rep. Sidney H. Mathias 4/24/2008HouseFirst Reading 4/24/2008HouseReferred to Rules Committee 5/6/2008HouseAssigned to Judiciary II - Criminal Law Committee 5/8/2008HouseAdded Alternate Chief Co-Sponsor Rep. Robert F. Flider 5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008 5/21/2008HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 012-001-000 5/21/2008HousePlaced on Calendar 2nd Reading - Short Debate 5/21/2008HouseSecond Reading - Short Debate 5/21/2008HouseHeld on Calendar Order of Second Reading - Short Debate 5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008 5/29/2008HouseHouse Amendment No. 1 Filed with Clerk by Rep. Sidney H. Mathias 5/29/2008HouseHouse Amendment No. 1 Referred to Rules Committee 5/30/2008HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000 5/30/2008HouseHouse Amendment No. 1 Adopted by Voice Vote 5/30/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/30/2008HouseThird Reading - Short Debate - Passed 109-001-001 5/30/2008HouseAdded Alternate Chief Co-Sponsor Rep. Mike Boland 5/30/2008HouseAdded Alternate Chief Co-Sponsor Rep. Jack McGuire 5/30/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01 5/30/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 31, 2008 5/31/2008SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Linda Holmes 5/31/2008SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 7/1/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules 7/10/2008SenateApproved for Consideration Rules 7/10/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-July 10, 2008 7/10/2008SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law 7/10/2008SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 009-000-000 7/10/2008SenateAdded as Co-Sponsor Sen. Edward D. Maloney 7/10/2008Senate3/5 Vote Required 7/10/2008SenateHouse Amendment No. 1 Senate Concurs 042-000-000 7/10/2008SenatePassed Both Houses 8/8/2008SenateSent to the Governor 10/3/2008SenateGovernor Approved 10/3/2008SenateEffective Date June 1, 2009 10/3/2008SenatePublic Act . . . . . . . . . 95-0984