Full Text of HB0693 96th General Assembly
HB0693 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0693
Introduced 2/6/2009, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-7.7 new |
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720 ILCS 5/12-7.8 new |
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720 ILCS 5/12-30.5 new |
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Amends the Criminal Code of 1961. Provides that a person may bring a civil
action in a circuit court for a
court's stalking protective order against a person if:
(1) the person intentionally, knowingly, or recklessly engages in repeated and
unwanted contact with the other
person or a member of that person's immediate family or household thereby
alarming or coercing the other
person; (2) it is objectively reasonable for a person in the victim's situation
to have been alarmed or coerced by the
contact; and (3) the repeated and unwanted contact causes the victim reasonable
apprehension regarding the personal
safety of the victim or a member of the victim's immediate family or household.
Creates the offense of violating a
court's stalking protective order. Provides that a first offense is a Class A
misdemeanor and a second or subsequent
offense is a Class 4 felony. Provides that the offense is a Class 4 felony if
the defendant had a prior conviction for
stalking or aggravated stalking. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| AN ACT in relation to stalking.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Sections 12-7.7,
12-7.8, and 12-30.5 as follows:
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| (720 ILCS 5/12-7.7 new)
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| Sec. 12-7.7. Action for issuance or violation of stalking | 8 |
| protective
order.
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| (a) A person may bring a civil action in a circuit court | 10 |
| for a court's
stalking protective order
against a person if:
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| (1) the person intentionally, knowingly, or recklessly | 12 |
| engages in repeated
and
unwanted contact with the other | 13 |
| person or a member of that person's
immediate family or | 14 |
| household thereby alarming or coercing
the other person;
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| (2) it is objectively reasonable for a person in the | 16 |
| victim's situation to
have been alarmed
or coerced by the | 17 |
| contact; and
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| (3) the repeated and unwanted contact causes the victim | 19 |
| reasonable
apprehension regarding the personal safety of | 20 |
| the victim or
a member of the victim's immediate family or | 21 |
| household.
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| (b) At the time the petition is filed, the court, upon a | 23 |
| finding of probable
cause based on the allegations in the
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| petition, shall enter a temporary court's stalking protective | 2 |
| order that may
include, but is not limited to: (1) prohibiting
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| acts of stalking or aggravated stalking in violation of Section | 4 |
| 12-7.3 or
12-7.4, (2) prohibiting such contacts by the
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| respondent with the allegedly stalked person or that person's | 6 |
| family or
household members as the court deems
necessary to | 7 |
| protect the safety of those persons; and (3) any other | 8 |
| conditions
that the court deems necessary to prevent
further | 9 |
| acts of stalking or aggravated stalking, communication, or | 10 |
| other
contact of any kind by the respondent. The
petition and | 11 |
| the temporary order shall be served upon the respondent with an
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| order requiring the respondent to
personally appear before the | 13 |
| court to show cause why the temporary order should
not be | 14 |
| continued for an indefinite
period.
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| (c) At the hearing, whether or not the respondent appears, | 16 |
| the court may
continue the hearing for up to 30
days or may | 17 |
| proceed to enter a court's stalking protective order. If the
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| respondent fails to appear after being served as
required by | 19 |
| subsection (b) of this Section, the court may issue a warrant | 20 |
| of
arrest in order to ensure the appearance of
the respondent | 21 |
| in court.
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| (d) The court may award reasonable attorney's fees as | 23 |
| follows:
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| (i) to the petitioner, if the petitioner is the | 25 |
| prevailing party; or
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| (ii) to the respondent, if the respondent is the |
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| prevailing party and if
the
court determines that the | 2 |
| petition is frivolous in nature.
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| (e) The court may enter an order under this Section against | 4 |
| a minor
respondent without appointment of a
guardian ad litem.
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| (f) An action under this Section must be commenced within 2 | 6 |
| years of the
conduct giving rise to the claim.
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| (g) Proof of the claim shall be by a preponderance of the | 8 |
| evidence.
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| (h) The remedy provided by this Section is in addition to | 10 |
| any other remedy,
civil or criminal, provided by
law for the | 11 |
| conduct giving rise to the claim.
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| (i) No filing fee, service fee, or hearing fee shall be | 13 |
| charged for a
proceeding under this Section if a court's
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| stalking order is the only relief sought.
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| (j) If the respondent was provided notice and an | 16 |
| opportunity to be heard,
the
court shall also include in the
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| order, when appropriate, terms and findings sufficient under 18 | 18 |
| U.S.C. 922
(d)(8) and (g)(8) to affect the respondent's
ability | 19 |
| to possess firearms and ammunition or engage in activities | 20 |
| involving
firearms.
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| (k) Section 12-7.8 applies to protective orders issued | 22 |
| under this Section.
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| (720 ILCS 5/12-7.8 new)
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| Sec. 12-7.8. Service of order; entry of order into LEADS.
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| (a) Whenever a stalking protective order, as authorized by |
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| Section 12-7.7,
is
issued and the person to be
restrained has | 2 |
| actual notice of the order, the person serving the order shall
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| deliver forthwith to the county sheriff a true
copy of the | 4 |
| order and an affidavit of proof of service on which it is | 5 |
| stated
that personal service of the order was made
on the | 6 |
| respondent. If an order entered by the court recites that the | 7 |
| respondent
appeared in person before the court, the
necessity | 8 |
| for further service of the order is waived and accompanying | 9 |
| proof of
service is not necessary. Upon receipt
of proof of | 10 |
| service, when required, and a true copy of the order, the | 11 |
| county
sheriff shall forthwith enter the order into
the Law | 12 |
| Enforcement Agencies Data System (LEADS) maintained by the | 13 |
| Department
of State Police and into the
databases of the | 14 |
| National Crime Information Center of the United States | 15 |
| Department of Justice. The sheriff shall also
provide the | 16 |
| complainant with a true copy of the proof of service. Entry | 17 |
| into
the Law Enforcement Agencies Data
System (LEADS) | 18 |
| constitutes notice to all law enforcement agencies of the
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| existence of such order. Law enforcement
agencies shall | 20 |
| establish procedures adequate to ensure that an officer at the
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| scene of an alleged violation of such order
may be informed of | 22 |
| the existence and terms of the order. The order shall be
fully | 23 |
| enforceable in any county in this
State. The complainant may | 24 |
| elect to deliver documents personally to a county
sheriff or to | 25 |
| have them delivered by a
private person for entry into the Law | 26 |
| Enforcement Agencies Data System (LEADS)
and the databases of |
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| the National
Crime Information Center of the United States | 2 |
| Department of Justice.
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| (b) When a stalking protective order has been entered into | 4 |
| the Law
Enforcement Agencies Data System (LEADS) and the
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| databases of the National Crime Information Center of the | 6 |
| United States
Department of Justice under subsection (a) of
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| this Section, a county sheriff shall cooperate with a request | 8 |
| from a law
enforcement agency from any other jurisdiction
to | 9 |
| verify the existence of the stalking protective order or to | 10 |
| transmit a copy
of the order to the requesting jurisdiction.
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| (c) When a stalking protective order described in | 12 |
| subsection (a) of this
Section is terminated by order of the
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| court, the clerk of the court shall deliver forthwith a true | 14 |
| copy of the
termination order to the county sheriff with whom
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| the original order was filed. Upon receipt of the termination | 16 |
| order, the county
sheriff shall promptly remove the
original | 17 |
| order from the Law Enforcement Agencies Data System (LEADS) and | 18 |
| the
databases of the
National Crime Information Center of
the | 19 |
| United States Department of Justice.
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| (720 ILCS 5/12-30.5 new)
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| Sec. 12-30.5. Violating a court's stalking protective | 22 |
| order.
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| (a) A person commits the offense of violating a court's | 24 |
| stalking protective
order when:
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| (1) the person has been served with a court's stalking |
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| protective order as
provided in Section 12-7.7 or if | 2 |
| further service was waived under Section
12-7.8
because the | 3 |
| person appeared before the court; and
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| (2) the person, subsequent to the service of the order, | 5 |
| has engaged
intentionally, knowingly, or recklessly in | 6 |
| conduct prohibited by the order.
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| (b) Sentence.
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| (1) Violating a court's stalking protective order is a | 9 |
| Class A
misdemeanor.
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| (2) Violating a court's stalking protective order is a | 11 |
| Class 4 felony if
the
person has a prior conviction
for:
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| (A) stalking or aggravated stalking; or
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| (B) violating a court's stalking protective order.
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law. |
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