State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_HB2310eng

 
HB2310 Engrossed                               LRB9104790RCks

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 12-7.3.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Criminal  Code  of  1961  is amended by
 6    changing Section 12-7.3 as follows:

 7        (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
 8        Sec. 12-7.3.  Stalking.
 9        (a)  A person commits stalking when he or she,  knowingly
10    and  without  lawful  justification,  on  at least 2 separate
11    occasions follows or harasses another person  or  places  the
12    person under surveillance or any combination thereof and:
13             (1)  at  any  time transmits a threat to that person
14        of immediate  or  future  bodily  harm,  sexual  assault,
15        confinement  or  restraint  and  the  threat  is directed
16        towards that person or a family member of that person; or
17             (2)  places that person in  reasonable  apprehension
18        of  immediate  or  future  bodily  harm,  sexual assault,
19        confinement or restraint; or.
20             (3)  places that person in  reasonable  apprehension
21        that  a  family  member  will receive immediate or future
22        bodily harm, sexual assault, confinement, or restraint.
23        (b)  Sentence. Stalking is a Class 4 felony. A second  or
24    subsequent conviction for stalking is a Class 3 felony.
25        (b-5)  The   incarceration   of   a  person  in  a  penal
26    institution  who  transmits  a  threat  is  not  a   bar   to
27    prosecution under this Section.
28        (c)  Exemption.  This Section does not apply to picketing
29    occurring  at  the  workplace  that  is  otherwise lawful and
30    arises out of a bona fide labor dispute, or any  exercise  of
31    the  right  of  free  speech  or  assembly  that is otherwise
 
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 1    lawful.
 2        (d)  For the purpose of this Section, a defendant "places
 3    a person under surveillance" by remaining present outside the
 4    person's school, place of employment,  vehicle,  other  place
 5    occupied by the person, or residence other than the residence
 6    of the defendant.
 7        (e)  For  the  purpose  of this Section, "follows another
 8    person" means (i) to move in relative proximity to  a  person
 9    as that person moves from place to place or (ii) to remain in
10    relative  proximity  to  a  person who is stationary or whose
11    movements are confined to  a  small  area.  "Follows  another
12    person"  does not include a following within the residence of
13    the defendant.
14        (f)  For the purposes of this Section and Section 12-7.4,
15    "bona fide labor dispute" means  any  controversy  concerning
16    wages,  salaries,  hours,  working  conditions,  or benefits,
17    including health and  welfare,  sick  leave,  insurance,  and
18    pension  or  retirement provisions, the making or maintaining
19    of collective bargaining agreements,  and  the  terms  to  be
20    included in those agreements.
21        (g)  For  the  purposes of this Section, "harasses" means
22    knowing conduct that is not necessary to accomplish a purpose
23    which is reasonable under the circumstances;  would  cause  a
24    reasonable   person   emotional   distress;  and  does  cause
25    emotional distress to the person.
26        (h)  For the  purposes  of  this  Section,  "transmits  a
27    threat"  means a verbal or written threat or a threat implied
28    by a pattern of conduct or a combination of verbal or written
29    statements or conduct.
30        (i)  For the purposes of this  Section,  "family  member"
31    means  a  parent,  grandparent,  brother,  sister,  or child,
32    whether by whole blood, half-blood, or adoption and  includes
33    a step-grandparent, step-parent, step-brother, step-sister or
34    step-child.   "Family member" also means any other person who
 
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 1    regularly resides in the household, or who, within the  prior
 2    6 months, regularly resided in the household.
 3    (Source:  P.A.  88-402;  88-677,  eff. 12-15-94; 89-377, eff.
 4    8-18-95.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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