SB3411 EngrossedLRB100 19997 HEP 35278 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Stalking No Contact Order Act is amended by
5changing Sections 5, 10, 15, and 80 as follows:
6    (740 ILCS 21/5)
7    Sec. 5. Purpose. Stalking generally refers to a course of
8conduct, not a single act. Stalking behavior includes following
9a person, conducting surveillance of the person, appearing at
10the person's home, work or school, making unwanted phone calls,
11sending unwanted emails, unwanted messages via social media, or
12text messages, leaving objects for the person, vandalizing the
13person's property, or injuring a pet. Stalking is a serious
14crime. Victims experience fear for their safety, fear for the
15safety of others and suffer emotional distress. Many victims
16alter their daily routines to avoid the persons who are
17stalking them. Some victims are in such fear that they relocate
18to another city, town or state. While estimates suggest that
1970% of victims know the individuals stalking them, only 30% of
20victims have dated or been in intimate relationships with their
21stalkers. All stalking victims should be able to seek a civil
22remedy requiring the offenders stay away from the victims and
23third parties.



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1(Source: P.A. 96-246, eff. 1-1-10.)
2    (740 ILCS 21/10)
3    Sec. 10. Definitions. For the purposes of this Act:
4    "Course of conduct" means 2 or more acts, including but not
5limited to acts in which a respondent directly, indirectly, or
6through third parties, by any action, method, device, or means
7follows, monitors, observes, surveils, or threatens, or
8communicates to or about, a person, workplace, school, or place
9of worship, engages in other contact, or interferes with or
10damages a person's property or pet. A course of conduct may
11include contact via electronic communications. The
12incarceration of a person in a penal institution who commits
13the course of conduct is not a bar to prosecution under this
15    "Emotional distress" means significant mental suffering,
16anxiety or alarm.
17    "Contact" includes any contact with the victim, that is
18initiated or continued without the victim's consent, or that is
19in disregard of the victim's expressed desire that the contact
20be avoided or discontinued, including but not limited to being
21in the physical presence of the victim; appearing within the
22sight of the victim; approaching or confronting the victim in a
23public place or on private property; appearing at the workplace
24or residence of the victim; entering onto or remaining on
25property owned, leased, or occupied by the victim; or placing



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1an object on, or delivering an object to, property owned,
2leased, or occupied by the victim; and appearing at the
3prohibited workplace, school, or place of worship.
4    "Petitioner" means any named petitioner for the stalking no
5contact order or any named victim of stalking on whose behalf
6the petition is brought. "Petitioner" includes an authorized
7agent of a place of employment, an authorized agent of a place
8of worship, or an authorized agent of a school.
9    "Reasonable person" means a person in the petitioner's
10circumstances with the petitioner's knowledge of the
11respondent and the respondent's prior acts.
12    "Stalking" means engaging in a course of conduct directed
13at a specific person, and he or she knows or should know that
14this course of conduct would cause a reasonable person to fear
15for his or her safety, the safety of a workplace, school, or
16place of worship, or the safety of a third person or suffer
17emotional distress. Stalking does not include an exercise of
18the right to free speech or assembly that is otherwise lawful
19or picketing occurring at the workplace that is otherwise
20lawful and arises out of a bona fide labor dispute, including
21any controversy concerning wages, salaries, hours, working
22conditions or benefits, including health and welfare, sick
23leave, insurance, and pension or retirement provisions, the
24making or maintaining of collective bargaining agreements, and
25the terms to be included in those agreements.
26    "Stalking No Contact Order" means an emergency order or



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1plenary order granted under this Act, which includes a remedy
2authorized by Section 80 of this Act.
3(Source: P.A. 96-246, eff. 1-1-10.)
4    (740 ILCS 21/15)
5    Sec. 15. Persons protected by this Act. A petition for a
6stalking no contact order may be filed when relief is not
7available to the petitioner under the Illinois Domestic
8Violence Act of 1986:
9        (1) by any person who is a victim of stalking; or
10        (2) by a person on behalf of a minor child or an adult
11    who is a victim of stalking but, because of age,
12    disability, health, or inaccessibility, cannot file the
13    petition; .
14        (3) by an authorized agent of a workplace;
15        (4) by an authorized agent of a place of worship; or
16        (5) by an authorized agent of a school.
17(Source: P.A. 96-246, eff. 1-1-10.)
18    (740 ILCS 21/80)
19    Sec. 80. Stalking no contact orders; remedies.
20    (a) If the court finds that the petitioner has been a
21victim of stalking, a stalking no contact order shall issue;
22provided that the petitioner must also satisfy the requirements
23of Section 95 on emergency orders or Section 100 on plenary
24orders. The petitioner shall not be denied a stalking no



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1contact order because the petitioner or the respondent is a
2minor. The court, when determining whether or not to issue a
3stalking no contact order, may not require physical injury on
4the person of the petitioner. Modification and extension of
5prior stalking no contact orders shall be in accordance with
6this Act.
7    (b) A stalking no contact order shall order one or more of
8the following:
9        (1) prohibit the respondent from threatening to commit
10    or committing stalking;
11        (2) order the respondent not to have any contact with
12    the petitioner or a third person specifically named by the
13    court;
14        (3) prohibit the respondent from knowingly coming
15    within, or knowingly remaining within a specified distance
16    of the petitioner or the petitioner's residence, school,
17    daycare, or place of employment, or any specified place
18    frequented by the petitioner; however, the court may order
19    the respondent to stay away from the respondent's own
20    residence, school, or place of employment only if the
21    respondent has been provided actual notice of the
22    opportunity to appear and be heard on the petition;
23        (4) prohibit the respondent from possessing a Firearm
24    Owners Identification Card, or possessing or buying
25    firearms; and
26        (5) order the respondent to submit to a mental health



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1    evaluation;
2        (6) order a respondent to wear an electronic monitoring
3    device; and
4        (7) (5) order other injunctive relief the court
5    determines to be necessary to protect the petitioner or
6    third party specifically named by the court.
7    (b-5) When the petitioner and the respondent attend the
8same public, private, or non-public elementary, middle, or high
9school, the court when issuing a stalking no contact order and
10providing relief shall consider the severity of the act, any
11continuing physical danger or emotional distress to the
12petitioner, the educational rights guaranteed to the
13petitioner and respondent under federal and State law, the
14availability of a transfer of the respondent to another school,
15a change of placement or a change of program of the respondent,
16the expense, difficulty, and educational disruption that would
17be caused by a transfer of the respondent to another school,
18and any other relevant facts of the case. The court may order
19that the respondent not attend the public, private, or
20non-public elementary, middle, or high school attended by the
21petitioner, order that the respondent accept a change of
22placement or program, as determined by the school district or
23private or non-public school, or place restrictions on the
24respondent's movements within the school attended by the
25petitioner. The respondent bears the burden of proving by a
26preponderance of the evidence that a transfer, change of



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1placement, or change of program of the respondent is not
2available. The respondent also bears the burden of production
3with respect to the expense, difficulty, and educational
4disruption that would be caused by a transfer of the respondent
5to another school. A transfer, change of placement, or change
6of program is not unavailable to the respondent solely on the
7ground that the respondent does not agree with the school
8district's or private or non-public school's transfer, change
9of placement, or change of program or solely on the ground that
10the respondent fails or refuses to consent to or otherwise does
11not take an action required to effectuate a transfer, change of
12placement, or change of program. When a court orders a
13respondent to stay away from the public, private, or non-public
14school attended by the petitioner and the respondent requests a
15transfer to another attendance center within the respondent's
16school district or private or non-public school, the school
17district or private or non-public school shall have sole
18discretion to determine the attendance center to which the
19respondent is transferred. In the event the court order results
20in a transfer of the minor respondent to another attendance
21center, a change in the respondent's placement, or a change of
22the respondent's program, the parents, guardian, or legal
23custodian of the respondent is responsible for transportation
24and other costs associated with the transfer or change.
25    (b-6) The court may order the parents, guardian, or legal
26custodian of a minor respondent to take certain actions or to



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1refrain from taking certain actions to ensure that the
2respondent complies with the order. In the event the court
3orders a transfer of the respondent to another school, the
4parents, guardian, or legal custodian of the respondent are
5responsible for transportation and other costs associated with
6the change of school by the respondent.
7    (b-7) The court shall not hold a school district or private
8or non-public school or any of its employees in civil or
9criminal contempt unless the school district or private or
10non-public school has been allowed to intervene.
11    (b-8) The court may hold the parents, guardian, or legal
12custodian of a minor respondent in civil or criminal contempt
13for a violation of any provision of any order entered under
14this Act for conduct of the minor respondent in violation of
15this Act if the parents, guardian, or legal custodian directed,
16encouraged, or assisted the respondent minor in such conduct.
17    (c) The court may award the petitioner costs and attorneys
18fees if a stalking no contact order is granted.
19    (d) Monetary damages are not recoverable as a remedy.
20    (e) If the stalking no contact order prohibits the
21respondent from possessing a Firearm Owner's Identification
22Card, or possessing or buying firearms; the court shall
23confiscate the respondent's Firearm Owner's Identification
24Card and immediately return the card to the Department of State
25Police Firearm Owner's Identification Card Office.
26(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;



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197-1131, eff. 1-1-13.)