Bill Amendment: IL HB4506 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STALKING OFFENSES
Status: 2019-01-08 - Session Sine Die [HB4506 Detail]
Download: Illinois-2017-HB4506-House_Amendment_001.html
Bill Title: STALKING OFFENSES
Status: 2019-01-08 - Session Sine Die [HB4506 Detail]
Download: Illinois-2017-HB4506-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4506
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2 | AMENDMENT NO. ______. Amend House Bill 4506 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Stalking No Contact Order Act is amended by | ||||||
5 | changing Section 10 as follows:
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6 | (740 ILCS 21/10)
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7 | Sec. 10. Definitions. For the purposes of this Act: | ||||||
8 | "Course of conduct" means 2 or more acts, including but not | ||||||
9 | limited to acts in which a respondent directly, indirectly, or | ||||||
10 | through third parties, by any action, method, device, or means | ||||||
11 | follows, monitors, observes, surveils, threatens, or | ||||||
12 | communicates to or about, a person, engages in other contact, | ||||||
13 | or interferes with or damages a person's property or pet. A | ||||||
14 | course of conduct may include contact via electronic | ||||||
15 | communications. The incarceration of a person in a penal | ||||||
16 | institution who commits the course of conduct is not a bar to |
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1 | prosecution under this Section. | ||||||
2 | "Emotional distress" means significant mental suffering, | ||||||
3 | anxiety or alarm. | ||||||
4 | "Contact" includes any contact with the victim, that is | ||||||
5 | initiated or continued without the victim's consent, or that is | ||||||
6 | in disregard of the victim's expressed desire that the contact | ||||||
7 | be avoided or discontinued, including but not limited to being | ||||||
8 | in the physical presence of the victim; appearing within the | ||||||
9 | sight of the victim; approaching or confronting the victim in a | ||||||
10 | public place or on private property; appearing at the workplace | ||||||
11 | or residence of the victim; entering onto or remaining on | ||||||
12 | property owned, leased, or occupied by the victim; or placing | ||||||
13 | an object on, or delivering an object to, property owned, | ||||||
14 | leased, or occupied by the victim. | ||||||
15 | "Petitioner" means any named petitioner for the stalking no | ||||||
16 | contact order or any named victim of stalking on whose behalf | ||||||
17 | the petition is brought. | ||||||
18 | "Reasonable person" means a person in the petitioner's | ||||||
19 | circumstances with the petitioner's knowledge of the | ||||||
20 | respondent and the respondent's prior acts. | ||||||
21 | "Stalking" means engaging in a course of conduct directed | ||||||
22 | at a specific person, and he or she knows or should know that | ||||||
23 | this course of conduct would cause a reasonable person to fear | ||||||
24 | for his or her safety or the safety of a third person or suffer | ||||||
25 | emotional distress . Stalking does not include an exercise of | ||||||
26 | the right to free speech or assembly that is otherwise lawful |
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1 | or picketing , including, but not limited to, picketing | ||||||
2 | occurring at the workplace that is otherwise lawful , and arises | ||||||
3 | out of a bona fide labor dispute, including any controversy | ||||||
4 | concerning wages, salaries, hours, working conditions or | ||||||
5 | benefits, including health and welfare, sick leave, insurance, | ||||||
6 | and pension or retirement provisions, the making or maintaining | ||||||
7 | of collective bargaining agreements, and the terms to be | ||||||
8 | included in those agreements. | ||||||
9 | "Stalking No Contact Order" means an emergency order or | ||||||
10 | plenary order granted under this Act, which includes a remedy | ||||||
11 | authorized by Section 80 of this Act.
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12 | (Source: P.A. 96-246, eff. 1-1-10.)
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13 | Section 10. The Criminal Code of 2012 is amended by | ||||||
14 | changing Sections 12-7.3 and 12-7.5 as follows:
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15 | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
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16 | Sec. 12-7.3. Stalking.
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17 | (a) A person commits stalking when he or she knowingly | ||||||
18 | engages in a course of conduct directed at a specific person, | ||||||
19 | and he or she knows or should know that this course of conduct | ||||||
20 | would cause a reasonable person to : (1) fear for his or her | ||||||
21 | safety or the safety of a third person ; or (2) suffer other | ||||||
22 | emotional distress . | ||||||
23 | (a-3) A person commits stalking when he or she, knowingly | ||||||
24 | and without
lawful justification, on at least 2 separate |
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1 | occasions follows
another person
or places the person under | ||||||
2 | surveillance or any combination thereof and:
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3 | (1) at any time transmits a threat of immediate or | ||||||
4 | future bodily harm, sexual
assault, confinement or | ||||||
5 | restraint and the threat is directed towards that
person or | ||||||
6 | a family member of that
person; or
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7 | (2) places that person in reasonable apprehension of | ||||||
8 | immediate or future
bodily harm, sexual assault, | ||||||
9 | confinement or restraint to or of that person or a family | ||||||
10 | member of that person.
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11 | (a-5) A person commits stalking when he or she has | ||||||
12 | previously been
convicted of stalking another person and | ||||||
13 | knowingly and without lawful
justification on one occasion:
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14 | (1) follows that same person or places that same person | ||||||
15 | under
surveillance; and
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16 | (2) transmits a threat of immediate or future bodily | ||||||
17 | harm, sexual
assault, confinement or restraint to that | ||||||
18 | person or a family member of that person.
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19 | (b) Sentence.
Stalking is a Class 4 felony; a second or | ||||||
20 | subsequent
conviction is a Class 3 felony.
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21 | (c) Definitions. For purposes of this Section: | ||||||
22 | (1) "Course of conduct" means 2 or more acts, including | ||||||
23 | but not limited to acts in which a defendant directly, | ||||||
24 | indirectly, or through third parties, by any action, | ||||||
25 | method, device, or means follows, monitors, observes, | ||||||
26 | surveils, threatens, or communicates to or about, a person, |
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1 | engages in other non-consensual contact, or interferes | ||||||
2 | with or damages a person's property or pet. A course of | ||||||
3 | conduct may include contact via electronic communications. | ||||||
4 | (2) "Electronic communication" means any transfer of | ||||||
5 | signs, signals, writings, sounds, data, or intelligence of | ||||||
6 | any nature transmitted in whole or in part by a wire, | ||||||
7 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
8 | system. "Electronic communication" includes transmissions | ||||||
9 | by a computer through the Internet to another computer. | ||||||
10 | (3) (Blank). "Emotional distress" means significant | ||||||
11 | mental suffering, anxiety or alarm. | ||||||
12 | (4) "Family member" means a parent,
grandparent, | ||||||
13 | brother, sister, or child, whether by whole blood, | ||||||
14 | half-blood, or
adoption and includes a step-grandparent, | ||||||
15 | step-parent, step-brother,
step-sister or step-child. | ||||||
16 | "Family member" also means any other person who
regularly | ||||||
17 | resides in the household, or who, within the prior 6 | ||||||
18 | months,
regularly resided in the household. | ||||||
19 | (5) "Follows another person" means (i) to
move in | ||||||
20 | relative proximity to a person as that person moves from | ||||||
21 | place to place
or (ii) to remain in relative proximity to a | ||||||
22 | person who is stationary or whose
movements are confined to | ||||||
23 | a small area.
"Follows another person" does not
include a | ||||||
24 | following within the residence of the defendant. | ||||||
25 | (6) "Non-consensual contact" means any contact with | ||||||
26 | the victim that is initiated or continued without the |
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1 | victim's consent, including but not limited to being in the | ||||||
2 | physical presence of the victim; appearing within the sight | ||||||
3 | of the victim; approaching or confronting the victim in a | ||||||
4 | public place or on private property; appearing at the | ||||||
5 | workplace or residence of the victim; entering onto or | ||||||
6 | remaining on property owned, leased, or occupied by the | ||||||
7 | victim; or placing an object on, or delivering an object | ||||||
8 | to, property owned, leased, or occupied by the victim. | ||||||
9 | (7) "Places a person under
surveillance" means: (1) | ||||||
10 | remaining present outside the person's school, place of
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11 | employment, vehicle, other place occupied by the person, or | ||||||
12 | residence other
than the residence of the defendant; or (2) | ||||||
13 | placing an electronic tracking device on the person or the | ||||||
14 | person's property. | ||||||
15 | (8) "Reasonable person" means a person in the victim's | ||||||
16 | situation. | ||||||
17 | (9) "Transmits a threat" means a verbal
or
written | ||||||
18 | threat or a threat implied by a pattern of conduct or a | ||||||
19 | combination of
verbal or written statements or conduct. | ||||||
20 | (d) Exemptions. | ||||||
21 | (1) This Section does not apply to any individual or | ||||||
22 | organization (i) monitoring or attentive to compliance | ||||||
23 | with public or worker safety laws, wage and hour | ||||||
24 | requirements, or other statutory requirements, or (ii) | ||||||
25 | picketing occurring at the workplace that is otherwise | ||||||
26 | lawful and arises out of a bona fide labor dispute, |
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1 | including any controversy concerning wages, salaries, | ||||||
2 | hours, working conditions or benefits, including health | ||||||
3 | and welfare, sick leave, insurance, and pension or | ||||||
4 | retirement provisions, the making or maintaining of | ||||||
5 | collective bargaining agreements, and the terms to be | ||||||
6 | included in those agreements. | ||||||
7 | (2) This Section does not apply to an exercise of the | ||||||
8 | right to free speech or assembly that is otherwise lawful. | ||||||
9 | (3) Telecommunications carriers, commercial mobile | ||||||
10 | service providers, and providers of information services, | ||||||
11 | including, but not limited to, Internet service providers | ||||||
12 | and hosting service providers, are not liable under this | ||||||
13 | Section, except for willful and wanton misconduct, by | ||||||
14 | virtue of the transmission, storage, or caching of | ||||||
15 | electronic communications or messages of others or by | ||||||
16 | virtue of the provision of other related | ||||||
17 | telecommunications, commercial mobile services, or | ||||||
18 | information services used by others in violation of this | ||||||
19 | Section. | ||||||
20 | (d-5) The incarceration of a person in a penal institution | ||||||
21 | who commits the course of conduct or transmits a
threat is not | ||||||
22 | a bar to prosecution under this Section.
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23 | (d-10) A defendant who directed the actions of a third | ||||||
24 | party to violate this Section, under the principles of | ||||||
25 | accountability set forth in Article 5 of this Code, is guilty | ||||||
26 | of violating this Section as if the same had been personally |
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1 | done by the defendant, without regard to the mental state of | ||||||
2 | the third party acting at the direction of the defendant. | ||||||
3 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
4 | 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
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5 | (720 ILCS 5/12-7.5)
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6 | Sec. 12-7.5. Cyberstalking.
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7 | (a) A person commits cyberstalking when he or she engages | ||||||
8 | in a course of conduct using electronic communication directed | ||||||
9 | at a specific person, and he or she knows or should know that | ||||||
10 | would cause a reasonable person to : (1) fear for his or her | ||||||
11 | safety or the safety of a third person ; or (2) suffer other | ||||||
12 | emotional distress . | ||||||
13 | (a-3) A person commits cyberstalking when he or she, | ||||||
14 | knowingly and without
lawful justification, on at least 2 | ||||||
15 | separate occasions, harasses another person
through the use of | ||||||
16 | electronic communication and:
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17 | (1) at any time transmits a threat of immediate or | ||||||
18 | future bodily harm,
sexual assault, confinement, or | ||||||
19 | restraint and the threat is directed towards
that person or | ||||||
20 | a family member of that person; or
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21 | (2) places that person or a family member of that | ||||||
22 | person in reasonable
apprehension of immediate or future | ||||||
23 | bodily harm, sexual assault, confinement,
or restraint; or
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24 | (3) at any time knowingly solicits the commission of an | ||||||
25 | act by any person which would be a violation of this Code |
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1 | directed towards that person or a family member of that | ||||||
2 | person. | ||||||
3 | (a-4) A person commits cyberstalking when he or she | ||||||
4 | knowingly, surreptitiously, and without lawful justification, | ||||||
5 | installs or otherwise places electronic monitoring software or | ||||||
6 | spyware on an electronic communication device as a means to | ||||||
7 | harass another person and: | ||||||
8 | (1) at any time transmits a threat of immediate or | ||||||
9 | future bodily harm, sexual assault, confinement, or | ||||||
10 | restraint and the threat is directed towards that person or | ||||||
11 | a family member of that person; | ||||||
12 | (2) places that person or a family member of that | ||||||
13 | person in reasonable apprehension of immediate or future | ||||||
14 | bodily harm, sexual assault, confinement, or restraint; or | ||||||
15 | (3) at any time knowingly solicits the commission of an | ||||||
16 | act by any person which would be a violation of this Code | ||||||
17 | directed towards that person or a family member of that | ||||||
18 | person. | ||||||
19 | For purposes of this Section, an installation or placement | ||||||
20 | is not surreptitious if: | ||||||
21 | (1) with respect to electronic software, hardware, or | ||||||
22 | computer applications, clear notice regarding the use of | ||||||
23 | the specific type of tracking software or spyware is | ||||||
24 | provided by the installer in advance to the owners and | ||||||
25 | primary users of the electronic software, hardware, or | ||||||
26 | computer application; or |
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1 | (2) written or electronic consent of all owners and | ||||||
2 | primary users of the electronic software, hardware, or | ||||||
3 | computer application on which the tracking software or | ||||||
4 | spyware will be installed has been sought and obtained | ||||||
5 | through a mechanism that does not seek to obtain any other | ||||||
6 | approvals or acknowledgement from the owners and primary | ||||||
7 | users. | ||||||
8 | (a-5) A person commits cyberstalking when he or she, | ||||||
9 | knowingly and without lawful justification, creates and | ||||||
10 | maintains an Internet website or webpage which is accessible to | ||||||
11 | one or more third parties for a period of at least 24 hours, | ||||||
12 | and which contains statements harassing another person and: | ||||||
13 | (1) which communicates a threat of immediate or future | ||||||
14 | bodily harm, sexual assault, confinement, or restraint, | ||||||
15 | where the threat is directed towards that person or a | ||||||
16 | family member of that person, or | ||||||
17 | (2) which places that person or a family member of that | ||||||
18 | person in reasonable apprehension of immediate or future | ||||||
19 | bodily harm, sexual assault, confinement, or restraint, or | ||||||
20 | (3) which knowingly solicits the commission of an act | ||||||
21 | by any person which would be a violation of this Code | ||||||
22 | directed towards that person or a family member of that | ||||||
23 | person.
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24 | (b) Sentence. Cyberstalking is a Class 4 felony; a second | ||||||
25 | or subsequent
conviction is a Class 3 felony.
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26 | (c) For purposes of this Section: |
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1 | (1) "Course of conduct" means 2 or more acts, including | ||||||
2 | but not limited to acts in which a defendant directly, | ||||||
3 | indirectly, or through third parties, by any action, | ||||||
4 | method, device, or means follows, monitors, observes, | ||||||
5 | surveils, threatens, or communicates to or about, a person, | ||||||
6 | engages in other non-consensual contact, or interferes | ||||||
7 | with or damages a person's property or pet. The | ||||||
8 | incarceration in a penal institution of a person who | ||||||
9 | commits the course of conduct is not a bar to prosecution | ||||||
10 | under this Section. | ||||||
11 | (2) "Electronic communication" means any transfer of | ||||||
12 | signs, signals, writings, sounds, data, or intelligence of | ||||||
13 | any nature transmitted in whole or in part by a wire, | ||||||
14 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
15 | system. "Electronic communication" includes transmissions | ||||||
16 | through an electronic device including, but not limited to, | ||||||
17 | a telephone, cellular phone, computer, or pager, which | ||||||
18 | communication includes, but is not limited to, e-mail, | ||||||
19 | instant message, text message, or voice mail. | ||||||
20 | (2.1) "Electronic communication device" means an | ||||||
21 | electronic device, including, but not limited to, a | ||||||
22 | wireless telephone, personal digital assistant, or a | ||||||
23 | portable or mobile computer. | ||||||
24 | (2.2) "Electronic monitoring software or spyware" | ||||||
25 | means software or an application that surreptitiously | ||||||
26 | tracks computer activity on a device and records and |
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1 | transmits the information to third parties with the intent | ||||||
2 | to cause injury or harm. For the purposes of this paragraph | ||||||
3 | (2.2), "intent to cause injury or harm" does not include | ||||||
4 | activities carried out in furtherance of the prevention of | ||||||
5 | fraud or crime or of protecting the security of networks, | ||||||
6 | online services, applications, software, other computer | ||||||
7 | programs, users, or electronic communication devices or | ||||||
8 | similar devices. | ||||||
9 | (3) (Blank). "Emotional distress" means significant | ||||||
10 | mental suffering, anxiety or alarm. | ||||||
11 | (4) "Harass"
means to engage in a knowing and willful | ||||||
12 | course of conduct directed at a
specific person
that | ||||||
13 | alarms, torments, or terrorizes that person. | ||||||
14 | (5) "Non-consensual contact" means any contact with | ||||||
15 | the victim that is initiated or continued without the | ||||||
16 | victim's consent, including but not limited to being in the | ||||||
17 | physical presence of the victim; appearing within the sight | ||||||
18 | of the victim; approaching or confronting the victim in a | ||||||
19 | public place or on private property; appearing at the | ||||||
20 | workplace or residence of the victim; entering onto or | ||||||
21 | remaining on property owned, leased, or occupied by the | ||||||
22 | victim; or placing an object on, or delivering an object | ||||||
23 | to, property owned, leased, or occupied by the victim. | ||||||
24 | (6) "Reasonable person" means a person in the victim's | ||||||
25 | circumstances, with the victim's knowledge of the | ||||||
26 | defendant and the defendant's prior acts. |
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1 | (7) "Third party" means any person other than the | ||||||
2 | person violating these provisions and the person or persons | ||||||
3 | towards whom the violator's actions are directed. | ||||||
4 | (d) Telecommunications carriers, commercial mobile service | ||||||
5 | providers, and providers of information services, including, | ||||||
6 | but not limited to, Internet service providers and hosting | ||||||
7 | service providers, are not liable under this Section, except | ||||||
8 | for willful and wanton misconduct, by virtue of the | ||||||
9 | transmission, storage, or caching of electronic communications | ||||||
10 | or messages of others or by virtue of the provision of other | ||||||
11 | related telecommunications, commercial mobile services, or | ||||||
12 | information services used by others in violation of this | ||||||
13 | Section. | ||||||
14 | (e) A defendant who directed the actions of a third party | ||||||
15 | to violate this Section, under the principles of accountability | ||||||
16 | set forth in Article 5 of this Code, is guilty of violating | ||||||
17 | this Section as if the same had been personally done by the | ||||||
18 | defendant, without regard to the mental state of the third | ||||||
19 | party acting at the direction of the defendant. | ||||||
20 | (f) It is not a violation of this Section to: | ||||||
21 | (1) provide, protect, maintain, update, or upgrade | ||||||
22 | networks, online services, applications, software, other | ||||||
23 | computer programs, electronic communication devices, or | ||||||
24 | similar devices under the terms of use applicable to those | ||||||
25 | networks, services, applications, software, programs, or | ||||||
26 | devices; |
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1 | (2) interfere with or prohibit terms or conditions in a | ||||||
2 | contract or license related to networks, online services, | ||||||
3 | applications, software, other computer programs, | ||||||
4 | electronic communication devices, or similar devices; or | ||||||
5 | (3) create any liability by reason of terms or | ||||||
6 | conditions adopted, or technical measures implemented, to | ||||||
7 | prevent the transmission of unsolicited electronic mail or | ||||||
8 | communications. | ||||||
9 | (Source: P.A. 100-166, eff. 1-1-18 .)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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