92nd General Assembly
Summary of HB2427
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House Sponsors:
SOTO-DAVIS,MONIQUE.

Short description: 
CRIM CD-STALKING PROTECTIVE OR                                             

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961.  Provides  that  a  person  may      
   bring  a  civil  action  in  a  circuit  court  for a court's stalking      
   protective order or for damages, or both, against a person if: (1) the      
   person intentionally, knowingly, or recklessly engages in repeated and      
   unwanted contact with the other person or a member  of  that  person's      
   immediate  family  or household thereby alarming or coercing the other      
   person; (2) it is objectively reasonable for a person in the  victim's      
   situation  to have been alarmed or coerced by the contact; and (3) the      
   repeated  and  unwanted   contact   causes   the   victim   reasonable      
   apprehension  regarding  the personal safety of the victim or a member      
   of the victim's immediate family or household. Creates the offense  of      
   violating  a court's stalking protective order.  Provides that a first      
   offense is a Class A misdemeanor and a second or subsequent offense is      
   a Class 4 felony.  Provides that the offense is a Class  4  felony  if      
   the  defendant  had  a  prior  conviction  for  stalking or aggravated      
   stalking.  Effective immediately.                                           
          FISCAL NOTE (Office of the Illinois Courts)                          
          HB 2427 may result in a substantial increase in judicial work-       
          loads; however, because the number of cases that would be filed      
          is unknown, the fiscal impact of the bill on the judicial            
          branch cannot be determined.                                         
        HOUSE AMENDMENT NO. 1.                                                 
        Further amends the Criminal Code of 1961 concerning  actions  for      
   the  issuance  or  violation  of a stalking protective order.  Deletes      
   language giving the petitioner for a  stalking  protective  order  the      
   ability  to  recover  damages.   Provides  that  the  court  may award      
   reasonable attorney's  fees  to  the  petitioner,  if  the  petitioner      
   prevails,  or to the respondent, if the respondent prevails and if the      
   court determines that the petition is frivolous.                            
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 



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