Rep. Barbara Wheeler

Filed: 5/14/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3411 by replacing
3everything after the enacting clause with the following:
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



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1stalking them. Some victims are in such fear that they relocate
2to another city, town or state. While estimates suggest that
370% of victims know the individuals stalking them, only 30% of
4victims have dated or been in intimate relationships with their
5stalkers. All stalking victims should be able to seek a civil
6remedy requiring the offenders stay away from the victims and
7third parties.
8(Source: P.A. 96-246, eff. 1-1-10.)
9    (740 ILCS 21/10)
10    Sec. 10. Definitions. For the purposes of this Act:
11    "Course of conduct" means 2 or more acts, including but not
12limited to acts in which a respondent directly, indirectly, or
13through third parties, by any action, method, device, or means
14follows, monitors, observes, surveils, or threatens, or
15communicates to or about, a person, workplace, school, or place
16of worship, engages in other contact, or interferes with or
17damages a person's property or pet. A course of conduct may
18include contact via electronic communications. The
19incarceration of a person in a penal institution who commits
20the course of conduct is not a bar to prosecution under this
22    "Emotional distress" means significant mental suffering,
23anxiety or alarm.
24    "Contact" includes any contact with the victim, that is
25initiated or continued without the victim's consent, or that is



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1in disregard of the victim's expressed desire that the contact
2be avoided or discontinued, including but not limited to being
3in the physical presence of the victim; appearing within the
4sight of the victim; approaching or confronting the victim in a
5public place or on private property; appearing at the workplace
6or residence of the victim; entering onto or remaining on
7property owned, leased, or occupied by the victim; or placing
8an object on, or delivering an object to, property owned,
9leased, or occupied by the victim; and appearing at the
10prohibited workplace, school, or place of worship.
11    "Petitioner" means any named petitioner for the stalking no
12contact order or any named victim of stalking on whose behalf
13the petition is brought. "Petitioner" includes an authorized
14agent of a place of employment, an authorized agent of a place
15of worship, or an authorized agent of a school.
16    "Reasonable person" means a person in the petitioner's
17circumstances with the petitioner's knowledge of the
18respondent and the respondent's prior acts.
19    "Stalking" means engaging in a course of conduct directed
20at a specific person, and he or she knows or should know that
21this course of conduct would cause a reasonable person to fear
22for his or her safety, the safety of a workplace, school, or
23place of worship, or the safety of a third person or suffer
24emotional distress. Stalking does not include an exercise of
25the right to free speech or assembly that is otherwise lawful
26or picketing occurring at the workplace that is otherwise



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1lawful and arises out of a bona fide labor dispute, including
2any controversy concerning wages, salaries, hours, working
3conditions or benefits, including health and welfare, sick
4leave, insurance, and pension or retirement provisions, the
5making or maintaining of collective bargaining agreements, and
6the terms to be included in those agreements.
7    "Stalking No Contact Order" means an emergency order or
8plenary order granted under this Act, which includes a remedy
9authorized by Section 80 of this Act.
10(Source: P.A. 96-246, eff. 1-1-10.)
11    (740 ILCS 21/15)
12    Sec. 15. Persons protected by this Act. A petition for a
13stalking no contact order may be filed when relief is not
14available to the petitioner under the Illinois Domestic
15Violence Act of 1986:
16        (1) by any person who is a victim of stalking; or
17        (2) by a person on behalf of a minor child or an adult
18    who is a victim of stalking but, because of age,
19    disability, health, or inaccessibility, cannot file the
20    petition; .
21        (3) by an authorized agent of a workplace;
22        (4) by an authorized agent of a place of worship; or
23        (5) by an authorized agent of a school.
24(Source: P.A. 96-246, eff. 1-1-10.)".