Sen. Emil Jones, III

Filed: 3/8/2011

 

 


 

 


 
09700SB2267sam001LRB097 10008 RLC 51674 a

1
AMENDMENT TO SENATE BILL 2267

2    AMENDMENT NO. ______. Amend Senate Bill 2267 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 1961 is amended by
5changing Sections 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

 

 

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1occasions follows another person or places the person under
2surveillance or any combination thereof and:
3        (1) at any time transmits a threat of immediate or
4    future bodily harm, sexual assault, confinement or
5    restraint and the threat is directed towards that person or
6    a family member of that person; or
7        (2) places that person in reasonable apprehension of
8    immediate or future bodily harm, sexual assault,
9    confinement or restraint; or
10        (3) places that person in reasonable apprehension that
11    a family member will receive immediate or future bodily
12    harm, sexual assault, confinement, or restraint.
13    (a-5) A person commits stalking when he or she has
14previously been convicted of stalking another person and
15knowingly and without lawful justification on one occasion:
16        (1) follows that same person or places that same person
17    under surveillance; and
18        (2) transmits a threat of immediate or future bodily
19    harm, sexual assault, confinement or restraint; and
20        (3) the threat is directed towards that person or a
21    family member of that person.
22    (b) Sentence. Stalking is a Class 4 felony. A second or
23subsequent conviction for stalking is a Class 3 felony.
24    (c) Definitions. For purposes of this Section:
25        (1) "Course of conduct" means 2 or more acts, including
26    but not limited to acts in which a defendant directly,

 

 

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1    indirectly, or through third parties, by any action,
2    method, device, or means follows, monitors, observes,
3    surveils, threatens, or communicates to or about, a person,
4    engages in other non-consensual contact, or interferes
5    with or damages a person's property or pet. A course of
6    conduct may include contact via electronic communications.
7        (2) "Electronic communication" means any transfer of
8    signs, signals, writings, sounds, data, or intelligence of
9    any nature transmitted in whole or in part by a wire,
10    radio, electromagnetic, photoelectric, or photo-optical
11    system. "Electronic communication" includes transmissions
12    by a computer through the Internet to another computer.
13        (3) "Emotional distress" means significant mental
14    suffering, anxiety or alarm.
15        (4) "Family member" means a parent, grandparent,
16    brother, sister, or child, whether by whole blood,
17    half-blood, or adoption and includes a step-grandparent,
18    step-parent, step-brother, step-sister or step-child.
19    "Family member" also means any other person who regularly
20    resides in the household, or who, within the prior 6
21    months, regularly resided in the household.
22        (5) "Follows another person" means (i) to move in
23    relative proximity to a person as that person moves from
24    place to place or (ii) to remain in relative proximity to a
25    person who is stationary or whose movements are confined to
26    a small area. "Follows another person" does not include a

 

 

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1    following within the residence of the defendant.
2        (6) "Non-consensual contact" means any contact with
3    the victim that is initiated or continued without the
4    victim's consent, including but not limited to being in the
5    physical presence of the victim; appearing within the sight
6    of the victim; approaching or confronting the victim in a
7    public place or on private property; appearing at the
8    workplace or residence of the victim; entering onto or
9    remaining on property owned, leased, or occupied by the
10    victim; or placing an object on, or delivering an object
11    to, property owned, leased, or occupied by the victim.
12        (7) "Places a person under surveillance" means: (1)
13    remaining present outside the person's school, place of
14    employment, vehicle, other place occupied by the person, or
15    residence other than the residence of the defendant; or (2)
16    placing an electronic tracking device on the person or the
17    person's property.
18        (8) "Reasonable person" means a person in the victim's
19    situation.
20        (9) "Transmits a threat" means a verbal or written
21    threat or a threat implied by a pattern of conduct or a
22    combination of verbal or written statements or conduct.
23    (d) Exemptions.
24        (1) This Section does not apply to any individual or
25    organization (i) monitoring or attentive to compliance
26    with public or worker safety laws, wage and hour

 

 

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1    requirements, or other statutory requirements, or (ii)
2    picketing occurring at the workplace that is otherwise
3    lawful and arises out of a bona fide labor dispute,
4    including any controversy concerning wages, salaries,
5    hours, working conditions or benefits, including health
6    and welfare, sick leave, insurance, and pension or
7    retirement provisions, the making or maintaining of
8    collective bargaining agreements, and the terms to be
9    included in those agreements.
10        (2) This Section does not apply to an exercise of the
11    right to free speech or assembly that is otherwise lawful.
12        (3) Telecommunications carriers, commercial mobile
13    service providers, and providers of information services,
14    including, but not limited to, Internet service providers
15    and hosting service providers, are not liable under this
16    Section, except for willful and wanton misconduct, by
17    virtue of the transmission, storage, or caching of
18    electronic communications or messages of others or by
19    virtue of the provision of other related
20    telecommunications, commercial mobile services, or
21    information services used by others in violation of this
22    Section.
23    (d-5) The incarceration of a person in a penal institution
24who commits the course of conduct or transmits a threat is not
25a bar to prosecution under this Section.
26    (d-10) A defendant who directed the actions of a third

 

 

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1party to violate this Section, under the principles of
2accountability set forth in Article 5 of this Code, is guilty
3of violating this Section as if the same had been personally
4done by the defendant, without regard to the mental state of
5the third party acting at the direction of the defendant.
6(Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)
 
7    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
8    Sec. 12-7.4. Aggravated stalking.
9    (a) A person commits aggravated stalking when he or she, in
10conjunction with committing the offense of stalking, also does
11any of the following:
12        (1) causes bodily harm to the victim;
13        (2) confines or restrains the victim; or
14        (3) violates a temporary restraining order, an order of
15    protection, a stalking no contact order, a civil no contact
16    order, or an injunction prohibiting the behavior described
17    in subsection (b)(1) of Section 214 of the Illinois
18    Domestic Violence Act of 1986.
19    (b) Sentence. Aggravated stalking is a Class 3 felony. A
20second or subsequent conviction for aggravated stalking is a
21Class 2 felony.
22    (c) Exemptions.
23        (1) This Section does not apply to any individual or
24    organization (i) monitoring or attentive to compliance
25    with public or worker safety laws, wage and hour

 

 

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1    requirements, or other statutory requirements, or (ii)
2    picketing occurring at the workplace that is otherwise
3    lawful and arises out of a bona fide labor dispute
4    including any controversy concerning wages, salaries,
5    hours, working conditions or benefits, including health
6    and welfare, sick leave, insurance, and pension or
7    retirement provisions, the managing or maintenance of
8    collective bargaining agreements, and the terms to be
9    included in those agreements.
10        (2) This Section does not apply to an exercise of the
11    right of free speech or assembly that is otherwise lawful.
12        (3) Telecommunications carriers, commercial mobile
13    service providers, and providers of information services,
14    including, but not limited to, Internet service providers
15    and hosting service providers, are not liable under this
16    Section, except for willful and wanton misconduct, by
17    virtue of the transmission, storage, or caching of
18    electronic communications or messages of others or by
19    virtue of the provision of other related
20    telecommunications, commercial mobile services, or
21    information services used by others in violation of this
22    Section.
23    (d) A defendant who directed the actions of a third party
24to violate this Section, under the principles of accountability
25set forth in Article 5 of this Code, is guilty of violating
26this Section as if the same had been personally done by the

 

 

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1defendant, without regard to the mental state of the third
2party acting at the direction of the defendant.
3(Source: P.A. 96-686, eff. 1-1-10.)
 
4    (720 ILCS 5/12-7.5)
5    Sec. 12-7.5. Cyberstalking.
6    (a) A person commits cyberstalking when he or she engages
7in a course of conduct using electronic communication directed
8at a specific person, and he or she knows or should know that
9would cause a reasonable person to:
10        (1) fear for his or her safety or the safety of a third
11    person; or
12        (2) suffer other emotional distress.
13    (a-3) A person commits cyberstalking when he or she,
14knowingly and without lawful justification, on at least 2
15separate occasions, harasses another person through the use of
16electronic communication and:
17        (1) at any time transmits a threat of immediate or
18    future bodily harm, sexual assault, confinement, or
19    restraint and the threat is directed towards that person or
20    a family member of that person; or
21        (2) places that person or a family member of that
22    person in reasonable apprehension of immediate or future
23    bodily harm, sexual assault, confinement, or restraint; or
24        (3) at any time knowingly solicits the commission of an
25    act by any person which would be a violation of this Code

 

 

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1    directed towards that person or a family member of that
2    person.
3    (a-5) A person commits cyberstalking when he or she,
4knowingly and without lawful justification, creates and
5maintains an Internet website or webpage which is accessible to
6one or more third parties for a period of at least 24 hours,
7and which contains statements harassing another person and:
8        (1) which communicates a threat of immediate or future
9    bodily harm, sexual assault, confinement, or restraint,
10    where the threat is directed towards that person or a
11    family member of that person, or
12        (2) which places that person or a family member of that
13    person in reasonable apprehension of immediate or future
14    bodily harm, sexual assault, confinement, or restraint, or
15        (3) which knowingly solicits the commission of an act
16    by any person which would be a violation of this Code
17    directed towards that person or a family member of that
18    person.
19    (b) Sentence. Cyberstalking is a Class 4 felony. A second
20or subsequent conviction for cyberstalking is a Class 3 felony.
21    (c) For purposes of this Section:
22        (1) "Course of conduct" means 2 or more acts, including
23    but not limited to acts in which a defendant directly,
24    indirectly, or through third parties, by any action,
25    method, device, or means follows, monitors, observes,
26    surveils, threatens, or communicates to or about, a person,

 

 

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1    engages in other non-consensual contact, or interferes
2    with or damages a person's property or pet. The
3    incarceration in a penal institution of a person who
4    commits the course of conduct is not a bar to prosecution
5    under this Section.
6        (2) "Electronic communication" means any transfer of
7    signs, signals, writings, sounds, data, or intelligence of
8    any nature transmitted in whole or in part by a wire,
9    radio, electromagnetic, photoelectric, or photo-optical
10    system. "Electronic communication" includes transmissions
11    by a computer through the Internet to another computer.
12        (3) "Emotional distress" means significant mental
13    suffering, anxiety or alarm.
14        (4) "Harass" means to engage in a knowing and willful
15    course of conduct directed at a specific person that
16    alarms, torments, or terrorizes that person.
17        (5) "Non-consensual contact" means any contact with
18    the victim that is initiated or continued without the
19    victim's consent, including but not limited to being in the
20    physical presence of the victim; appearing within the sight
21    of the victim; approaching or confronting the victim in a
22    public place or on private property; appearing at the
23    workplace or residence of the victim; entering onto or
24    remaining on property owned, leased, or occupied by the
25    victim; or placing an object on, or delivering an object
26    to, property owned, leased, or occupied by the victim.

 

 

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1        (6) "Reasonable person" means a person in the victim's
2    circumstances, with the victim's knowledge of the
3    defendant and the defendant's prior acts.
4        (7) "Third party" means any person other than the
5    person violating these provisions and the person or persons
6    towards whom the violator's actions are directed.
7    (d) Telecommunications carriers, commercial mobile service
8providers, and providers of information services, including,
9but not limited to, Internet service providers and hosting
10service providers, are not liable under this Section, except
11for willful and wanton misconduct, by virtue of the
12transmission, storage, or caching of electronic communications
13or messages of others or by virtue of the provision of other
14related telecommunications, commercial mobile services, or
15information services used by others in violation of this
16Section.
17    (e) A defendant who directed the actions of a third party
18to violate this Section, under the principles of accountability
19set forth in Article 5 of this Code, is guilty of violating
20this Section as if the same had been personally done by the
21defendant, without regard to the mental state of the third
22party acting at the direction of the defendant.
23(Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09;
2496-686, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
25    (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)

 

 

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1    Sec. 12-30. Violation of an order of protection.
2    (a) A person commits violation of an order of protection
3if:
4        (1) He or she commits an act which was prohibited by a
5    court or fails to commit an act which was ordered by a
6    court in violation of:
7            (i) a remedy in a valid order of protection
8        authorized under paragraphs (1), (2), (3), (14), or
9        (14.5) of subsection (b) of Section 214 of the Illinois
10        Domestic Violence Act of 1986,
11            (ii) a remedy, which is substantially similar to
12        the remedies authorized under paragraphs (1), (2),
13        (3), (14) or (14.5) of subsection (b) of Section 214 of
14        the Illinois Domestic Violence Act of 1986, in a valid
15        order of protection, which is authorized under the laws
16        of another state, tribe or United States territory,
17            (iii) any other remedy when the act constitutes a
18        crime against the protected parties as the term
19        protected parties is defined in Section 112A-4 of the
20        Code of Criminal Procedure of 1963; and
21        (2) Such violation occurs after the offender has been
22    served notice of the contents of the order, pursuant to the
23    Illinois Domestic Violence Act of 1986 or any substantially
24    similar statute of another state, tribe or United States
25    territory, or otherwise has acquired actual knowledge of
26    the contents of the order.

 

 

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1    An order of protection issued by a state, tribal or
2territorial court related to domestic or family violence shall
3be deemed valid if the issuing court had jurisdiction over the
4parties and matter under the law of the state, tribe or
5territory. There shall be a presumption of validity where an
6order is certified and appears authentic on its face.
7    (a-5) Failure to provide reasonable notice and opportunity
8to be heard shall be an affirmative defense to any charge or
9process filed seeking enforcement of a foreign order of
10protection.
11    (b) For purposes of this Section, an "order of protection"
12may have been issued in a criminal or civil proceeding.
13    (c) Nothing in this Section shall be construed to diminish
14the inherent authority of the courts to enforce their lawful
15orders through civil or criminal contempt proceedings.
16    (d) Violation of an order of protection under subsection
17(a) of this Section is a Class A misdemeanor. Violation of an
18order of protection under subsection (a) of this Section is a
19Class 4 felony if the defendant has any prior conviction under
20this Code for domestic battery (Section 12-3.2) or violation of
21an order of protection (Section 12-30). Violation of an order
22of protection is a Class 4 felony if the defendant has any
23prior conviction under this Code for first degree murder
24(Section 9-1), attempt to commit first degree murder (Section
258-4), aggravated domestic battery (Section 12-3.3), aggravated
26battery (Section 12-4), heinous battery (Section 12-4.1),

 

 

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1aggravated battery with a firearm (Section 12-4.2), aggravated
2battery of a child (Section 12-4.3), aggravated battery of an
3unborn child (Section 12-4.4), aggravated battery of a senior
4citizen (Section 12-4.6), stalking (Section 12-7.3),
5aggravated stalking (Section 12-7.4), criminal sexual assault
6(Section 12-13), aggravated criminal sexual assault (12-14),
7kidnapping (Section 10-1), aggravated kidnapping (Section
810-2), predatory criminal sexual assault of a child (Section
912-14.1), aggravated criminal sexual abuse (Section 12-16),
10unlawful restraint (Section 10-3), aggravated unlawful
11restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
12or aggravated discharge of a firearm (Section 24-1.2), when any
13of these offenses have been committed against a family or
14household member as defined in Section 112A-3 of the Code of
15Criminal Procedure of 1963. The court shall impose a minimum
16penalty of 24 hours imprisonment for defendant's second or
17subsequent violation of any order of protection; unless the
18court explicitly finds that an increased penalty or such period
19of imprisonment would be manifestly unjust. In addition to any
20other penalties, the court may order the defendant to pay a
21fine as authorized under Section 5-9-1 of the Unified Code of
22Corrections or to make restitution to the victim under Section
235-5-6 of the Unified Code of Corrections. In addition to any
24other penalties, including those imposed by Section 5-9-1.5 of
25the Unified Code of Corrections, the court shall impose an
26additional fine of $20 as authorized by Section 5-9-1.11 of the

 

 

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1Unified Code of Corrections upon any person convicted of or
2placed on supervision for a violation of this Section. The
3additional fine shall be imposed for each violation of this
4Section.
5    (e) The limitations placed on law enforcement liability by
6Section 305 of the Illinois Domestic Violence Act of 1986 apply
7to actions taken under this Section.
8    (f) A defendant who directed the actions of a third party
9to violate this Section, under the principles of accountability
10set forth in Article 5 of this Code, is guilty of violating
11this Section as if the same had been personally done by the
12defendant, without regard to the mental state of the third
13party acting at the direction of the defendant.
14(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
1592-827, eff. 8-22-02.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".