SB3411 EnrolledLRB100 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, and 15 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.)