Illinois General Assembly - Full Text of SB0995
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Full Text of SB0995  100th General Assembly


Sen. Kyle McCarter

Filed: 4/25/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 995 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-7.4 as follows:
6    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
7    Sec. 12-7.4. Aggravated stalking.
8    (a) A person commits aggravated stalking when he or she
9commits stalking and:
10        (1) causes bodily harm to the victim;
11        (2) confines or restrains the victim; or
12        (2.1) causes damage to the property of the victim;
13        (2.2) engages in harassment or intimidation of the
14    victim; or
15        (3) violates a temporary restraining order, an order of
16    protection, a stalking no contact order, a civil no contact



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1    order, a workplace protection restraining order, or an
2    injunction prohibiting the behavior described in
3    subsection (b)(1) of Section 214 of the Illinois Domestic
4    Violence Act of 1986.
5    (a-1) A person commits aggravated stalking when he or she
6is required to register under the Sex Offender Registration Act
7or has been previously required to register under that Act and
8commits the offense of stalking when the victim of the stalking
9is also the victim of the offense for which the sex offender is
10required to register under the Sex Offender Registration Act or
11a family member of the victim.
12    (b) Sentence. Aggravated stalking is a Class 3 felony; a
13second or subsequent conviction is a Class 2 felony.
14    (c) Exemptions.
15        (1) This Section does not apply to any individual or
16    organization (i) monitoring or attentive to compliance
17    with public or worker safety laws, wage and hour
18    requirements, or other statutory requirements, or (ii)
19    picketing occurring at the workplace that is otherwise
20    lawful and arises out of a bona fide labor dispute
21    including any controversy concerning wages, salaries,
22    hours, working conditions or benefits, including health
23    and welfare, sick leave, insurance, and pension or
24    retirement provisions, the managing or maintenance of
25    collective bargaining agreements, and the terms to be
26    included in those agreements, unless the individual or



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1    organization has engaged in acts of violence or there is a
2    credible threat of violence. As used in this paragraph (1),
3    "credible threat of violence" means a statement or course
4    of conduct that causes a reasonable person to fear for the
5    person's safety at his or her workplace or for the safety
6    of others at his or her workplace or for the safety of any
7    property owned, rented, or leased by the victim.
8        (2) This Section does not apply to an exercise of the
9    right of free speech or assembly that is otherwise lawful.
10        (3) Telecommunications carriers, commercial mobile
11    service providers, and providers of information services,
12    including, but not limited to, Internet service providers
13    and hosting service providers, are not liable under this
14    Section, except for willful and wanton misconduct, by
15    virtue of the transmission, storage, or caching of
16    electronic communications or messages of others or by
17    virtue of the provision of other related
18    telecommunications, commercial mobile services, or
19    information services used by others in violation of this
20    Section.
21    (d) A defendant who directed the actions of a third party
22to violate this Section, under the principles of accountability
23set forth in Article 5 of this Code, is guilty of violating
24this Section as if the same had been personally done by the
25defendant, without regard to the mental state of the third
26party acting at the direction of the defendant.



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1(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
297-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff.
4    Section 10. The Workplace Violence Prevention Act is
5amended by changing Sections 10 and 130 as follows:
6    (820 ILCS 275/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Credible threat of violence" means a statement or course
9of conduct that causes a reasonable person to fear for the
10person's safety at his or her workplace or for the safety of
11others at his or her workplace.
12    "Employee" means:
13        (1) a person employed or permitted to work or perform a
14    service for remuneration;
15        (2) a member of a board of directors of any
16    organization;
17        (3) an elected or appointed public officer; and
18        (4) a volunteer, independent contractor, agency
19    worker, or any other person who performs services for an
20    employer at the employer's place of work.
21    "Employer" means an individual, partnership, association,
22limited liability company, corporation, business trust, the
23State, a governmental agency, or a political subdivision that
24has at least 15 employees during any work week.



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1    "Petitioner" means any employer who commences a proceeding
2for a workplace protection restraining order.
3    "Respondent" means a person against whom a workplace
4protection restraining order proceeding has been commenced.
5    "Workplace" or "place of work" means any property that is
6owned or leased by the employer and at which the official
7business of the petitioner is conducted.
8    "Unlawful violence" means any act of violence, harassment,
9or stalking as defined by the Criminal Code of 2012.
10(Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)
11    (820 ILCS 275/130)
12    Sec. 130. Exemption.
13    (a) This Act does not apply to any individual or
14organization that is lawfully (i) monitoring for compliance
15with public or worker safety laws, wage and hour requirements,
16or other statutory requirements or (ii) picketing, patrolling,
17using a banner, or otherwise protesting at the workplace in
18relation to a bona fide labor dispute including any controversy
19concerning wages, salaries, hours, working conditions or
20benefits, including health and welfare, sick leave, insurance,
21and pension or retirement provisions, the making or maintaining
22of collective bargaining agreements, and the terms to be
23included in those agreements, unless the individual or
24organization has engaged in unlawful violence against the
25employer seeking the workplace protection restraining order or



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1the property of the employer or there is a credible threat of
2violence against the employee, the employer, or the property of
3the employee or the employer.
4    (b) This Act does not apply to any lawful exercise of the
5right of free speech or assembly.
6(Source: P.A. 98-766, eff. 7-16-14.)".