SB2267 EnrolledLRB097 10008 RLC 50179 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 12-7.3, 12-7.4, 12-7.5, and 12-30 as follows:
 
6    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
7    Sec. 12-7.3. Stalking.
8    (a) A person commits stalking when he or she knowingly
9engages in a course of conduct directed at a specific person,
10and he or she knows or should know that this course of conduct
11would cause a reasonable person to:
12        (1) fear for his or her safety or the safety of a third
13    person; or
14        (2) suffer other emotional distress.
15    (a-3) A person commits stalking when he or she, knowingly
16and without lawful justification, on at least 2 separate
17occasions follows another person or places the person under
18surveillance or any combination thereof and:
19        (1) at any time transmits a threat of immediate or
20    future bodily harm, sexual assault, confinement or
21    restraint and the threat is directed towards that person or
22    a family member of that person; or
23        (2) places that person in reasonable apprehension of

 

 

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1    immediate or future bodily harm, sexual assault,
2    confinement or restraint; or
3        (3) places that person in reasonable apprehension that
4    a family member will receive immediate or future bodily
5    harm, sexual assault, confinement, or restraint.
6    (a-5) A person commits stalking when he or she has
7previously been convicted of stalking another person and
8knowingly and without lawful justification on one occasion:
9        (1) follows that same person or places that same person
10    under surveillance; and
11        (2) transmits a threat of immediate or future bodily
12    harm, sexual assault, confinement or restraint; and
13        (3) the threat is directed towards that person or a
14    family member of that person.
15    (b) Sentence. Stalking is a Class 4 felony. A second or
16subsequent conviction for stalking is a Class 3 felony.
17    (c) Definitions. For purposes of this Section:
18        (1) "Course of conduct" means 2 or more acts, including
19    but not limited to acts in which a defendant directly,
20    indirectly, or through third parties, by any action,
21    method, device, or means follows, monitors, observes,
22    surveils, threatens, or communicates to or about, a person,
23    engages in other non-consensual contact, or interferes
24    with or damages a person's property or pet. A course of
25    conduct may include contact via electronic communications.
26        (2) "Electronic communication" means any transfer of

 

 

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1    signs, signals, writings, sounds, data, or intelligence of
2    any nature transmitted in whole or in part by a wire,
3    radio, electromagnetic, photoelectric, or photo-optical
4    system. "Electronic communication" includes transmissions
5    by a computer through the Internet to another computer.
6        (3) "Emotional distress" means significant mental
7    suffering, anxiety or alarm.
8        (4) "Family member" means a parent, grandparent,
9    brother, sister, or child, whether by whole blood,
10    half-blood, or adoption and includes a step-grandparent,
11    step-parent, step-brother, step-sister or step-child.
12    "Family member" also means any other person who regularly
13    resides in the household, or who, within the prior 6
14    months, regularly resided in the household.
15        (5) "Follows another person" means (i) to move in
16    relative proximity to a person as that person moves from
17    place to place or (ii) to remain in relative proximity to a
18    person who is stationary or whose movements are confined to
19    a small area. "Follows another person" does not include a
20    following within the residence of the defendant.
21        (6) "Non-consensual contact" means any contact with
22    the victim that is initiated or continued without the
23    victim's consent, including but not limited to being in the
24    physical presence of the victim; appearing within the sight
25    of the victim; approaching or confronting the victim in a
26    public place or on private property; appearing at the

 

 

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1    workplace or residence of the victim; entering onto or
2    remaining on property owned, leased, or occupied by the
3    victim; or placing an object on, or delivering an object
4    to, property owned, leased, or occupied by the victim.
5        (7) "Places a person under surveillance" means: (1)
6    remaining present outside the person's school, place of
7    employment, vehicle, other place occupied by the person, or
8    residence other than the residence of the defendant; or (2)
9    placing an electronic tracking device on the person or the
10    person's property.
11        (8) "Reasonable person" means a person in the victim's
12    situation.
13        (9) "Transmits a threat" means a verbal or written
14    threat or a threat implied by a pattern of conduct or a
15    combination of verbal or written statements or conduct.
16    (d) Exemptions.
17        (1) This Section does not apply to any individual or
18    organization (i) monitoring or attentive to compliance
19    with public or worker safety laws, wage and hour
20    requirements, or other statutory requirements, or (ii)
21    picketing occurring at the workplace that is otherwise
22    lawful and arises out of a bona fide labor dispute,
23    including any controversy concerning wages, salaries,
24    hours, working conditions or benefits, including health
25    and welfare, sick leave, insurance, and pension or
26    retirement provisions, the making or maintaining of

 

 

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1    collective bargaining agreements, and the terms to be
2    included in those agreements.
3        (2) This Section does not apply to an exercise of the
4    right to free speech or assembly that is otherwise lawful.
5        (3) Telecommunications carriers, commercial mobile
6    service providers, and providers of information services,
7    including, but not limited to, Internet service providers
8    and hosting service providers, are not liable under this
9    Section, except for willful and wanton misconduct, by
10    virtue of the transmission, storage, or caching of
11    electronic communications or messages of others or by
12    virtue of the provision of other related
13    telecommunications, commercial mobile services, or
14    information services used by others in violation of this
15    Section.
16    (d-5) The incarceration of a person in a penal institution
17who commits the course of conduct or transmits a threat is not
18a bar to prosecution under this Section.
19    (d-10) A defendant who directed the actions of a third
20party to violate this Section, under the principles of
21accountability set forth in Article 5 of this Code, is guilty
22of violating this Section as if the same had been personally
23done by the defendant, without regard to the mental state of
24the third party acting at the direction of the defendant.
25(Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)
 

 

 

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1    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
2    Sec. 12-7.4. Aggravated stalking.
3    (a) A person commits aggravated stalking when he or she, in
4conjunction with committing the offense of stalking, also does
5any of the following:
6        (1) causes bodily harm to the victim;
7        (2) confines or restrains the victim; or
8        (3) violates a temporary restraining order, an order of
9    protection, a stalking no contact order, a civil no contact
10    order, or an injunction prohibiting the behavior described
11    in subsection (b)(1) of Section 214 of the Illinois
12    Domestic Violence Act of 1986.
13    (b) Sentence. Aggravated stalking is a Class 3 felony. A
14second or subsequent conviction for aggravated stalking is a
15Class 2 felony.
16    (c) Exemptions.
17        (1) This Section does not apply to any individual or
18    organization (i) monitoring or attentive to compliance
19    with public or worker safety laws, wage and hour
20    requirements, or other statutory requirements, or (ii)
21    picketing occurring at the workplace that is otherwise
22    lawful and arises out of a bona fide labor dispute
23    including any controversy concerning wages, salaries,
24    hours, working conditions or benefits, including health
25    and welfare, sick leave, insurance, and pension or
26    retirement provisions, the managing or maintenance of

 

 

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1    collective bargaining agreements, and the terms to be
2    included in those agreements.
3        (2) This Section does not apply to an exercise of the
4    right of free speech or assembly that is otherwise lawful.
5        (3) Telecommunications carriers, commercial mobile
6    service providers, and providers of information services,
7    including, but not limited to, Internet service providers
8    and hosting service providers, are not liable under this
9    Section, except for willful and wanton misconduct, by
10    virtue of the transmission, storage, or caching of
11    electronic communications or messages of others or by
12    virtue of the provision of other related
13    telecommunications, commercial mobile services, or
14    information services used by others in violation of this
15    Section.
16    (d) A defendant who directed the actions of a third party
17to violate this Section, under the principles of accountability
18set forth in Article 5 of this Code, is guilty of violating
19this Section as if the same had been personally done by the
20defendant, without regard to the mental state of the third
21party acting at the direction of the defendant.
22(Source: P.A. 96-686, eff. 1-1-10.)
 
23    (720 ILCS 5/12-7.5)
24    Sec. 12-7.5. Cyberstalking.
25    (a) A person commits cyberstalking when he or she engages

 

 

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1in a course of conduct using electronic communication directed
2at a specific person, and he or she knows or should know that
3would cause a reasonable person to:
4        (1) fear for his or her safety or the safety of a third
5    person; or
6        (2) suffer other emotional distress.
7    (a-3) A person commits cyberstalking when he or she,
8knowingly and without lawful justification, on at least 2
9separate occasions, harasses another person through the use of
10electronic communication and:
11        (1) at any time transmits a threat of immediate or
12    future bodily harm, sexual assault, confinement, or
13    restraint and the threat is directed towards that person or
14    a family member of that person; or
15        (2) places that person or a family member of that
16    person in reasonable apprehension of immediate or future
17    bodily harm, sexual assault, confinement, or restraint; or
18        (3) at any time knowingly solicits the commission of an
19    act by any person which would be a violation of this Code
20    directed towards that person or a family member of that
21    person.
22    (a-5) A person commits cyberstalking when he or she,
23knowingly and without lawful justification, creates and
24maintains an Internet website or webpage which is accessible to
25one or more third parties for a period of at least 24 hours,
26and which contains statements harassing another person and:

 

 

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1        (1) which communicates a threat of immediate or future
2    bodily harm, sexual assault, confinement, or restraint,
3    where the threat is directed towards that person or a
4    family member of that person, or
5        (2) which places that person or a family member of that
6    person in reasonable apprehension of immediate or future
7    bodily harm, sexual assault, confinement, or restraint, or
8        (3) which knowingly solicits the commission of an act
9    by any person which would be a violation of this Code
10    directed towards that person or a family member of that
11    person.
12    (b) Sentence. Cyberstalking is a Class 4 felony. A second
13or subsequent conviction for cyberstalking is a Class 3 felony.
14    (c) For purposes of this Section:
15        (1) "Course of conduct" means 2 or more acts, including
16    but not limited to acts in which a defendant directly,
17    indirectly, or through third parties, by any action,
18    method, device, or means follows, monitors, observes,
19    surveils, threatens, or communicates to or about, a person,
20    engages in other non-consensual contact, or interferes
21    with or damages a person's property or pet. The
22    incarceration in a penal institution of a person who
23    commits the course of conduct is not a bar to prosecution
24    under this Section.
25        (2) "Electronic communication" means any transfer of
26    signs, signals, writings, sounds, data, or intelligence of

 

 

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1    any nature transmitted in whole or in part by a wire,
2    radio, electromagnetic, photoelectric, or photo-optical
3    system. "Electronic communication" includes transmissions
4    by a computer through the Internet to another computer.
5        (3) "Emotional distress" means significant mental
6    suffering, anxiety or alarm.
7        (4) "Harass" means to engage in a knowing and willful
8    course of conduct directed at a specific person that
9    alarms, torments, or terrorizes that person.
10        (5) "Non-consensual contact" means any contact with
11    the victim that is initiated or continued without the
12    victim's consent, including but not limited to being in the
13    physical presence of the victim; appearing within the sight
14    of the victim; approaching or confronting the victim in a
15    public place or on private property; appearing at the
16    workplace or residence of the victim; entering onto or
17    remaining on property owned, leased, or occupied by the
18    victim; or placing an object on, or delivering an object
19    to, property owned, leased, or occupied by the victim.
20        (6) "Reasonable person" means a person in the victim's
21    circumstances, with the victim's knowledge of the
22    defendant and the defendant's prior acts.
23        (7) "Third party" means any person other than the
24    person violating these provisions and the person or persons
25    towards whom the violator's actions are directed.
26    (d) Telecommunications carriers, commercial mobile service

 

 

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1providers, and providers of information services, including,
2but not limited to, Internet service providers and hosting
3service providers, are not liable under this Section, except
4for willful and wanton misconduct, by virtue of the
5transmission, storage, or caching of electronic communications
6or messages of others or by virtue of the provision of other
7related telecommunications, commercial mobile services, or
8information services used by others in violation of this
9Section.
10    (e) A defendant who directed the actions of a third party
11to violate this Section, under the principles of accountability
12set forth in Article 5 of this Code, is guilty of violating
13this Section as if the same had been personally done by the
14defendant, without regard to the mental state of the third
15party acting at the direction of the defendant.
16(Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09;
1796-686, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
18    (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)
19    Sec. 12-30. Violation of an order of protection.
20    (a) A person commits violation of an order of protection
21if:
22        (1) He or she commits an act which was prohibited by a
23    court or fails to commit an act which was ordered by a
24    court in violation of:
25            (i) a remedy in a valid order of protection

 

 

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1        authorized under paragraphs (1), (2), (3), (14), or
2        (14.5) of subsection (b) of Section 214 of the Illinois
3        Domestic Violence Act of 1986,
4            (ii) a remedy, which is substantially similar to
5        the remedies authorized under paragraphs (1), (2),
6        (3), (14) or (14.5) of subsection (b) of Section 214 of
7        the Illinois Domestic Violence Act of 1986, in a valid
8        order of protection, which is authorized under the laws
9        of another state, tribe or United States territory,
10            (iii) any other remedy when the act constitutes a
11        crime against the protected parties as the term
12        protected parties is defined in Section 112A-4 of the
13        Code of Criminal Procedure of 1963; and
14        (2) Such violation occurs after the offender has been
15    served notice of the contents of the order, pursuant to the
16    Illinois Domestic Violence Act of 1986 or any substantially
17    similar statute of another state, tribe or United States
18    territory, or otherwise has acquired actual knowledge of
19    the contents of the order.
20    An order of protection issued by a state, tribal or
21territorial court related to domestic or family violence shall
22be deemed valid if the issuing court had jurisdiction over the
23parties and matter under the law of the state, tribe or
24territory. There shall be a presumption of validity where an
25order is certified and appears authentic on its face.
26    (a-5) Failure to provide reasonable notice and opportunity

 

 

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1to be heard shall be an affirmative defense to any charge or
2process filed seeking enforcement of a foreign order of
3protection.
4    (b) For purposes of this Section, an "order of protection"
5may have been issued in a criminal or civil proceeding.
6    (c) Nothing in this Section shall be construed to diminish
7the inherent authority of the courts to enforce their lawful
8orders through civil or criminal contempt proceedings.
9    (d) Violation of an order of protection under subsection
10(a) of this Section is a Class A misdemeanor. Violation of an
11order of protection under subsection (a) of this Section is a
12Class 4 felony if the defendant has any prior conviction under
13this Code for domestic battery (Section 12-3.2) or violation of
14an order of protection (Section 12-30). Violation of an order
15of protection is a Class 4 felony if the defendant has any
16prior conviction under this Code for first degree murder
17(Section 9-1), attempt to commit first degree murder (Section
188-4), aggravated domestic battery (Section 12-3.3), aggravated
19battery (Section 12-4), heinous battery (Section 12-4.1),
20aggravated battery with a firearm (Section 12-4.2), aggravated
21battery of a child (Section 12-4.3), aggravated battery of an
22unborn child (Section 12-4.4), aggravated battery of a senior
23citizen (Section 12-4.6), stalking (Section 12-7.3),
24aggravated stalking (Section 12-7.4), criminal sexual assault
25(Section 12-13), aggravated criminal sexual assault (12-14),
26kidnapping (Section 10-1), aggravated kidnapping (Section

 

 

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110-2), predatory criminal sexual assault of a child (Section
212-14.1), aggravated criminal sexual abuse (Section 12-16),
3unlawful restraint (Section 10-3), aggravated unlawful
4restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
5or aggravated discharge of a firearm (Section 24-1.2), when any
6of these offenses have been committed against a family or
7household member as defined in Section 112A-3 of the Code of
8Criminal Procedure of 1963. The court shall impose a minimum
9penalty of 24 hours imprisonment for defendant's second or
10subsequent violation of any order of protection; unless the
11court explicitly finds that an increased penalty or such period
12of imprisonment would be manifestly unjust. In addition to any
13other penalties, the court may order the defendant to pay a
14fine as authorized under Section 5-9-1 of the Unified Code of
15Corrections or to make restitution to the victim under Section
165-5-6 of the Unified Code of Corrections. In addition to any
17other penalties, including those imposed by Section 5-9-1.5 of
18the Unified Code of Corrections, the court shall impose an
19additional fine of $20 as authorized by Section 5-9-1.11 of the
20Unified Code of Corrections upon any person convicted of or
21placed on supervision for a violation of this Section. The
22additional fine shall be imposed for each violation of this
23Section.
24    (e) The limitations placed on law enforcement liability by
25Section 305 of the Illinois Domestic Violence Act of 1986 apply
26to actions taken under this Section.

 

 

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1    (f) A defendant who directed the actions of a third party
2to violate this Section, under the principles of accountability
3set forth in Article 5 of this Code, is guilty of violating
4this Section as if the same had been personally done by the
5defendant, without regard to the mental state of the third
6party acting at the direction of the defendant.
7(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
892-827, eff. 8-22-02.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.