Full Text of SB3411 100th General Assembly
SB3411sam001 100TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 2/28/2018
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| 1 | | AMENDMENT TO SENATE BILL 3411
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3411 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Sections 5, 10, 15, and 80 as follows: | 6 | | (740 ILCS 21/5)
| 7 | | Sec. 5. Purpose. Stalking generally refers to a course of | 8 | | conduct, not a single act. Stalking behavior includes following | 9 | | a person, conducting surveillance of the person, appearing at | 10 | | the person's home, work or school, making unwanted phone calls, | 11 | | sending unwanted emails , unwanted messages via social media, or | 12 | | text messages, leaving objects for the person, vandalizing the | 13 | | person's property, or injuring a pet. Stalking is a serious | 14 | | crime. Victims experience fear for their safety, fear for the | 15 | | safety of others and suffer emotional distress. Many victims | 16 | | alter their daily routines to avoid the persons who are |
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| 1 | | stalking them. Some victims are in such fear that they relocate | 2 | | to another city, town or state. While estimates suggest that | 3 | | 70% of victims know the individuals stalking them, only 30% of | 4 | | victims have dated or been in intimate relationships with their | 5 | | stalkers. All stalking victims should be able to seek a civil | 6 | | remedy requiring the offenders stay away from the victims and | 7 | | third 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 | 12 | | limited to acts in which a respondent directly, indirectly, or | 13 | | through third parties, by any action, method, device, or means | 14 | | follows, monitors, observes, surveils, or threatens, or | 15 | | communicates to or about, a person , workplace, school, or place | 16 | | of worship , engages in other contact, or interferes with or | 17 | | damages a person's property or pet. A course of conduct may | 18 | | include contact via electronic communications. The | 19 | | incarceration of a person in a penal institution who commits | 20 | | the course of conduct is not a bar to prosecution under this | 21 | | Section. | 22 | | "Emotional distress" means significant mental suffering, | 23 | | anxiety or alarm. | 24 | | "Contact" includes any contact with the victim, that is | 25 | | initiated or continued without the victim's consent, or that is |
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| 1 | | in disregard of the victim's expressed desire that the contact | 2 | | be avoided or discontinued, including but not limited to being | 3 | | in the physical presence of the victim; appearing within the | 4 | | sight of the victim; approaching or confronting the victim in a | 5 | | public place or on private property; appearing at the workplace | 6 | | or residence of the victim; entering onto or remaining on | 7 | | property owned, leased, or occupied by the victim; or placing | 8 | | an object on, or delivering an object to, property owned, | 9 | | leased, or occupied by the victim ; and appearing at the | 10 | | prohibited workplace, school, or place of worship . | 11 | | "Petitioner" means any named petitioner for the stalking no | 12 | | contact order or any named victim of stalking on whose behalf | 13 | | the petition is brought. "Petitioner" includes an authorized | 14 | | agent of a place of employment, an authorized agent of a place | 15 | | of worship, or an authorized agent of a school. | 16 | | "Reasonable person" means a person in the petitioner's | 17 | | circumstances with the petitioner's knowledge of the | 18 | | respondent and the respondent's prior acts. | 19 | | "Stalking" means engaging in a course of conduct directed | 20 | | at a specific person, and he or she knows or should know that | 21 | | this course of conduct would cause a reasonable person to fear | 22 | | for his or her safety , the safety of a workplace, school, or | 23 | | place of worship, or the safety of a third person or suffer | 24 | | emotional distress. Stalking does not include an exercise of | 25 | | the right to free speech or assembly that is otherwise lawful | 26 | | or picketing occurring at the workplace that is otherwise |
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| 1 | | lawful and arises out of a bona fide labor dispute, including | 2 | | any controversy concerning wages, salaries, hours, working | 3 | | conditions or benefits, including health and welfare, sick | 4 | | leave, insurance, and pension or retirement provisions, the | 5 | | making or maintaining of collective bargaining agreements, and | 6 | | the terms to be included in those agreements. | 7 | | "Stalking No Contact Order" means an emergency order or | 8 | | plenary order granted under this Act, which includes a remedy | 9 | | authorized 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 | 13 | | stalking no contact order may be filed when relief is not | 14 | | available to the petitioner under the Illinois Domestic | 15 | | Violence 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.) |
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| 1 | | (740 ILCS 21/80)
| 2 | | Sec. 80. Stalking no contact orders; remedies. | 3 | | (a) If the court finds that the petitioner has been a | 4 | | victim of stalking, a stalking no contact order shall issue; | 5 | | provided that the petitioner must also satisfy the requirements | 6 | | of Section 95 on emergency orders or Section 100 on plenary | 7 | | orders. The petitioner shall not be denied a stalking no | 8 | | contact order because the petitioner or the respondent is a | 9 | | minor. The court, when determining whether or not to issue a | 10 | | stalking no contact order, may not require physical injury on | 11 | | the person of the petitioner. Modification and extension of | 12 | | prior stalking no contact orders shall be in accordance with | 13 | | this Act. | 14 | | (b) A stalking no contact order shall order one or more of | 15 | | the following: | 16 | | (1) prohibit the respondent from threatening to commit | 17 | | or committing stalking; | 18 | | (2) order the respondent not to have any contact with | 19 | | the petitioner or a third person specifically named by the | 20 | | court; | 21 | | (3) prohibit the respondent from knowingly coming | 22 | | within, or knowingly remaining within a specified distance | 23 | | of the petitioner or the petitioner's residence, school, | 24 | | daycare, or place of employment, or any specified place | 25 | | frequented by the petitioner; however, the court may order | 26 | | the respondent to stay away from the respondent's own |
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| 1 | | residence, school, or place of employment only if the | 2 | | respondent has been provided actual notice of the | 3 | | opportunity to appear and be heard on the petition; | 4 | | (4) prohibit the respondent from possessing a Firearm | 5 | | Owners Identification Card, or possessing or buying | 6 | | firearms; and | 7 | | (5) order the respondent to submit to a mental health | 8 | | evaluation; | 9 | | (6) order a respondent to wear an electronic monitoring | 10 | | device; and | 11 | | (7) (5) order other injunctive relief the court | 12 | | determines to be necessary to protect the petitioner or | 13 | | third party specifically named by the court. | 14 | | (b-5) When the petitioner and the respondent attend the | 15 | | same public, private, or non-public elementary, middle, or high | 16 | | school, the court when issuing a stalking no contact order and | 17 | | providing relief shall consider the severity of the act, any | 18 | | continuing physical danger or emotional distress to the | 19 | | petitioner, the educational rights guaranteed to the | 20 | | petitioner and respondent under federal and State law, the | 21 | | availability of a transfer of the respondent to another school, | 22 | | a change of placement or a change of program of the respondent, | 23 | | the expense, difficulty, and educational disruption that would | 24 | | be caused by a transfer of the respondent to another school, | 25 | | and any other relevant facts of the case. The court may order | 26 | | that the respondent not attend the public, private, or |
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| 1 | | non-public elementary, middle, or high school attended by the | 2 | | petitioner, order that the respondent accept a change of | 3 | | placement or program, as determined by the school district or | 4 | | private or non-public school, or place restrictions on the | 5 | | respondent's movements within the school attended by the | 6 | | petitioner.
The respondent bears the burden of proving by a | 7 | | preponderance of the evidence that a transfer, change of | 8 | | placement, or change of program of the respondent is not | 9 | | available. The respondent also bears the burden of production | 10 | | with respect to the expense, difficulty, and educational | 11 | | disruption that would be caused by a transfer of the respondent | 12 | | to another school. A transfer, change of placement, or change | 13 | | of program is not unavailable to the respondent solely on the | 14 | | ground that the respondent does not agree with the school | 15 | | district's or private or non-public school's transfer, change | 16 | | of placement, or change of program or solely on the ground that | 17 | | the respondent fails or refuses to consent to or otherwise does | 18 | | not take an action required to effectuate a transfer, change of | 19 | | placement, or change of program.
When a court orders a | 20 | | respondent to stay away from the public, private, or non-public | 21 | | school attended by the petitioner and the respondent requests a | 22 | | transfer to another attendance center within the respondent's | 23 | | school district or private or non-public school, the school | 24 | | district or private or non-public school shall have sole | 25 | | discretion to determine the attendance center to which the | 26 | | respondent is transferred.
In the event the court order results |
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| 1 | | in a transfer of the minor respondent to another attendance | 2 | | center, a change in the respondent's placement, or a change of | 3 | | the respondent's program, the parents, guardian, or legal | 4 | | custodian of the respondent is responsible for transportation | 5 | | and other costs associated with the transfer or change. | 6 | | (b-6) The court may order the parents, guardian, or legal | 7 | | custodian of a minor respondent to take certain actions or to | 8 | | refrain from taking certain actions to ensure that the | 9 | | respondent complies with the order. In the event the court | 10 | | orders a transfer of the respondent to another school, the | 11 | | parents, guardian, or legal custodian of the respondent are | 12 | | responsible for transportation and other costs associated with | 13 | | the change of school by the respondent. | 14 | | (b-7) The court shall not hold a school district or private | 15 | | or non-public school or any of its employees in civil or | 16 | | criminal contempt unless the school district or private or | 17 | | non-public school has been allowed to intervene. | 18 | | (b-8) The court may hold the parents, guardian, or legal | 19 | | custodian of a minor respondent in civil or criminal contempt | 20 | | for a violation of any provision of any order entered under | 21 | | this Act for conduct of the minor respondent in violation of | 22 | | this Act if the
parents, guardian, or legal custodian directed, | 23 | | encouraged, or assisted the respondent minor in such conduct. | 24 | | (c) The court may award the petitioner costs and attorneys | 25 | | fees if a stalking no contact order is granted. | 26 | | (d) Monetary damages are not recoverable as a remedy. |
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| 1 | | (e) If the stalking no contact order prohibits the | 2 | | respondent from possessing a Firearm Owner's Identification | 3 | | Card, or possessing or buying firearms; the court shall | 4 | | confiscate the respondent's Firearm Owner's Identification | 5 | | Card and immediately return the card to the Department of State | 6 | | Police Firearm Owner's Identification Card Office.
| 7 | | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; | 8 | | 97-1131, eff. 1-1-13.)".
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