Bill Amendment: IL SB0995 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIMINAL LAW-TECH
Status: 2019-01-09 - Session Sine Die [SB0995 Detail]
Download: Illinois-2017-SB0995-Senate_Amendment_001.html
Bill Title: CRIMINAL LAW-TECH
Status: 2019-01-09 - Session Sine Die [SB0995 Detail]
Download: Illinois-2017-SB0995-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 995
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2 | AMENDMENT NO. ______. Amend Senate Bill 995 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 12-7.4 as follows:
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6 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
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7 | Sec. 12-7.4. Aggravated stalking.
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8 | (a) A person commits
aggravated stalking when he or she | ||||||
9 | commits stalking and:
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10 | (1) causes bodily harm to the victim;
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11 | (2) confines or restrains the victim; or
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12 | (2.1) causes damage to the property of the victim; | ||||||
13 | (2.2) engages in harassment or intimidation of the | ||||||
14 | victim; or
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15 | (3) violates a temporary
restraining order, an order of | ||||||
16 | protection, a stalking no contact order, a civil no contact |
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1 | order, a workplace protection restraining order, or an | ||||||
2 | injunction
prohibiting the behavior described in
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3 | subsection (b)(1) of Section 214 of the Illinois Domestic | ||||||
4 | Violence Act of 1986.
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5 | (a-1) A person commits
aggravated stalking when he or she | ||||||
6 | is required to register under the Sex Offender Registration Act | ||||||
7 | or has been previously required to register under that Act and | ||||||
8 | commits the offense of stalking when the victim of the stalking | ||||||
9 | is also the victim of the offense for which the sex offender is | ||||||
10 | required to register under the Sex Offender Registration Act or | ||||||
11 | a family member of the victim. | ||||||
12 | (b) Sentence. Aggravated stalking is a Class 3 felony; a | ||||||
13 | second or
subsequent conviction is a Class 2
felony.
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14 | (c) Exemptions. | ||||||
15 | (1) This Section does not apply to any individual or | ||||||
16 | organization (i) monitoring or attentive to compliance | ||||||
17 | with public or worker safety laws, wage and hour | ||||||
18 | requirements, or other statutory requirements, or (ii) | ||||||
19 | picketing occurring at the
workplace that is otherwise | ||||||
20 | lawful and arises out of a bona fide labor
dispute | ||||||
21 | including any controversy concerning wages, salaries, | ||||||
22 | hours, working conditions or benefits, including health | ||||||
23 | and welfare, sick leave, insurance, and pension or | ||||||
24 | retirement provisions, the managing or maintenance of | ||||||
25 | collective bargaining agreements, and the terms to be | ||||||
26 | included in those agreements , unless the individual or |
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1 | organization has engaged in acts of violence or there is a | ||||||
2 | credible threat of violence. As used in this paragraph (1), | ||||||
3 | "credible threat of violence" means a statement or course | ||||||
4 | of conduct that causes a reasonable person to fear for the | ||||||
5 | person's safety at his or her workplace or for the safety | ||||||
6 | of others at his or her workplace or for the safety of any | ||||||
7 | property owned, rented, or leased by the victim . | ||||||
8 | (2) This Section does not apply to an exercise of the | ||||||
9 | right of free speech or assembly that is
otherwise lawful.
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10 | (3) Telecommunications carriers, commercial mobile | ||||||
11 | service providers, and providers of information services, | ||||||
12 | including, but not limited to, Internet service providers | ||||||
13 | and hosting service providers, are not liable under this | ||||||
14 | Section, except for willful and wanton misconduct, by | ||||||
15 | virtue of the transmission, storage, or caching of | ||||||
16 | electronic communications or messages of others or by | ||||||
17 | virtue of the provision of other related | ||||||
18 | telecommunications, commercial mobile services, or | ||||||
19 | information services used by others in violation of this | ||||||
20 | Section.
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21 | (d) A defendant who directed the actions of a third party | ||||||
22 | to violate this Section, under the principles of accountability | ||||||
23 | set forth in Article 5 of this Code, is guilty of violating | ||||||
24 | this Section as if the same had been personally done by the | ||||||
25 | defendant, without regard to the mental state of the third | ||||||
26 | party acting at the direction of the defendant. |
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1 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
2 | 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff. | ||||||
3 | 1-1-13.)
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4 | Section 10. The Workplace Violence Prevention Act is | ||||||
5 | amended by changing Sections 10 and 130 as follows:
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6 | (820 ILCS 275/10)
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7 | Sec. 10. Definitions. As used in this Act: | ||||||
8 | "Credible threat of violence" means a statement or course | ||||||
9 | of conduct that causes a reasonable person to fear for the | ||||||
10 | person's safety at his or her workplace or for the safety of | ||||||
11 | others at his or her workplace. | ||||||
12 | "Employee" means: | ||||||
13 | (1) a person employed or permitted to work or perform a | ||||||
14 | service for remuneration; | ||||||
15 | (2) a member of a board of directors of any | ||||||
16 | organization; | ||||||
17 | (3) an elected or appointed public officer; and | ||||||
18 | (4) a volunteer, independent contractor, agency | ||||||
19 | worker, or any other person who performs services for an | ||||||
20 | employer at the employer's place of work. | ||||||
21 | "Employer" means an individual, partnership, association, | ||||||
22 | limited liability company, corporation, business trust, the | ||||||
23 | State, a governmental agency, or a political subdivision that | ||||||
24 | has at least 15 employees during any work week . |
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1 | "Petitioner" means any employer who commences a proceeding | ||||||
2 | for a workplace protection restraining order. | ||||||
3 | "Respondent" means a person against whom a workplace | ||||||
4 | protection restraining order proceeding has been commenced. | ||||||
5 | "Workplace" or "place of work" means any property that is | ||||||
6 | owned or leased by the employer and at which the official | ||||||
7 | business of the petitioner is conducted. | ||||||
8 | "Unlawful violence" means any act of violence, harassment, | ||||||
9 | or stalking as defined by the Criminal Code of 2012.
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10 | (Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)
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11 | (820 ILCS 275/130) | ||||||
12 | Sec. 130. Exemption. | ||||||
13 | (a) This Act does not apply to any individual or | ||||||
14 | organization that is lawfully (i) monitoring for compliance | ||||||
15 | with public or worker safety laws, wage and hour requirements, | ||||||
16 | or other statutory requirements or (ii) picketing, patrolling, | ||||||
17 | using a banner, or otherwise protesting at the
workplace in | ||||||
18 | relation to a bona fide labor
dispute including any controversy | ||||||
19 | concerning wages, salaries, hours, working conditions or | ||||||
20 | benefits, including health and welfare, sick leave, insurance, | ||||||
21 | and pension or retirement provisions, the making or maintaining | ||||||
22 | of collective bargaining agreements, and the terms to be | ||||||
23 | included in those agreements , unless the individual or | ||||||
24 | organization has engaged in unlawful violence against the | ||||||
25 | employer seeking the workplace protection restraining order or |
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1 | the property of the employer or there is a credible threat of | ||||||
2 | violence against the employee, the employer, or the property of | ||||||
3 | the employee or the employer . | ||||||
4 | (b) This Act does not apply to any lawful exercise of the | ||||||
5 | right of free speech or assembly.
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6 | (Source: P.A. 98-766, eff. 7-16-14.)".
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