Sen. Kwame Raoul

Filed: 2/28/2018





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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, 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



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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.)



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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
4victim of stalking, a stalking no contact order shall issue;
5provided that the petitioner must also satisfy the requirements
6of Section 95 on emergency orders or Section 100 on plenary
7orders. The petitioner shall not be denied a stalking no
8contact order because the petitioner or the respondent is a
9minor. The court, when determining whether or not to issue a
10stalking no contact order, may not require physical injury on
11the person of the petitioner. Modification and extension of
12prior stalking no contact orders shall be in accordance with
13this Act.
14    (b) A stalking no contact order shall order one or more of
15the 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
15same public, private, or non-public elementary, middle, or high
16school, the court when issuing a stalking no contact order and
17providing relief shall consider the severity of the act, any
18continuing physical danger or emotional distress to the
19petitioner, the educational rights guaranteed to the
20petitioner and respondent under federal and State law, the
21availability of a transfer of the respondent to another school,
22a change of placement or a change of program of the respondent,
23the expense, difficulty, and educational disruption that would
24be caused by a transfer of the respondent to another school,
25and any other relevant facts of the case. The court may order
26that the respondent not attend the public, private, or



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1non-public elementary, middle, or high school attended by the
2petitioner, order that the respondent accept a change of
3placement or program, as determined by the school district or
4private or non-public school, or place restrictions on the
5respondent's movements within the school attended by the
6petitioner. The respondent bears the burden of proving by a
7preponderance of the evidence that a transfer, change of
8placement, or change of program of the respondent is not
9available. The respondent also bears the burden of production
10with respect to the expense, difficulty, and educational
11disruption that would be caused by a transfer of the respondent
12to another school. A transfer, change of placement, or change
13of program is not unavailable to the respondent solely on the
14ground that the respondent does not agree with the school
15district's or private or non-public school's transfer, change
16of placement, or change of program or solely on the ground that
17the respondent fails or refuses to consent to or otherwise does
18not take an action required to effectuate a transfer, change of
19placement, or change of program. When a court orders a
20respondent to stay away from the public, private, or non-public
21school attended by the petitioner and the respondent requests a
22transfer to another attendance center within the respondent's
23school district or private or non-public school, the school
24district or private or non-public school shall have sole
25discretion to determine the attendance center to which the
26respondent is transferred. In the event the court order results



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1in a transfer of the minor respondent to another attendance
2center, a change in the respondent's placement, or a change of
3the respondent's program, the parents, guardian, or legal
4custodian of the respondent is responsible for transportation
5and other costs associated with the transfer or change.
6    (b-6) The court may order the parents, guardian, or legal
7custodian of a minor respondent to take certain actions or to
8refrain from taking certain actions to ensure that the
9respondent complies with the order. In the event the court
10orders a transfer of the respondent to another school, the
11parents, guardian, or legal custodian of the respondent are
12responsible for transportation and other costs associated with
13the change of school by the respondent.
14    (b-7) The court shall not hold a school district or private
15or non-public school or any of its employees in civil or
16criminal contempt unless the school district or private or
17non-public school has been allowed to intervene.
18    (b-8) The court may hold the parents, guardian, or legal
19custodian of a minor respondent in civil or criminal contempt
20for a violation of any provision of any order entered under
21this Act for conduct of the minor respondent in violation of
22this Act if the parents, guardian, or legal custodian directed,
23encouraged, or assisted the respondent minor in such conduct.
24    (c) The court may award the petitioner costs and attorneys
25fees 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
2respondent from possessing a Firearm Owner's Identification
3Card, or possessing or buying firearms; the court shall
4confiscate the respondent's Firearm Owner's Identification
5Card and immediately return the card to the Department of State
6Police Firearm Owner's Identification Card Office.
7(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
897-1131, eff. 1-1-13.)".