Bill Text: IL HB5663 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Peace Officer and Probation Officer Firearm Training Act. Expands the definition of "peace officer" to include any child protective investigator of a Child Protective Services Unit assigned to perform the duties and responsibilities provided under the Abused and Neglected Child Reporting Act. Requires a child protective investigator to complete a Crisis Intervention Team training program conducted by the Illinois Law Enforcement Training Standards Board before becoming a peace officer. Amends the Abused and Neglected Child Reporting Act. Requires all personnel of the Department of Children and Family Services to adhere to specified Department procedures when conducting a child abuse or neglect investigation. Requires the Department to adopt policies on self-defense training for Department personnel. Amends the Criminal Code of 2012. Creates the offense of criminal threatening. Makes changes to provisions on stalking and aggravated stalking offenses. Amends the Code of Criminal Procedure of 1963. In provisions concerning stalking offenses, makes changes to the definitions of "course of conduct", "contact", and "stalking".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5663 Detail]

Download: Illinois-2017-HB5663-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5663 Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED:
See Index
Amends the Peace Officer and Probation Officer Firearm Training Act. Expands the definition of "peace officer" to include any child protective investigator of a Child Protective Services Unit assigned to perform the duties and responsibilities provided under the Abused and Neglected Child Reporting Act. Requires a child protective investigator to complete a Crisis Intervention Team training program conducted by the Illinois Law Enforcement Training Standards Board before becoming a peace officer. Amends the Abused and Neglected Child Reporting Act. Requires all personnel of the Department of Children and Family Services to adhere to specified Department procedures when conducting a child abuse or neglect investigation. Requires the Department to adopt policies on self-defense training for Department personnel. Amends the Criminal Code of 2012. Creates the offense of criminal threatening. Makes changes to provisions on stalking and aggravated stalking offenses. Amends the Code of Criminal Procedure of 1963. In provisions concerning stalking offenses, makes changes to the definitions of "course of conduct", "contact", and "stalking".
LRB100 17180 KTG 32335 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5663 LRB100 17180 KTG 32335 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Peace Officer and Probation Officer Firearm
Training Act is amended by changing Sections 1 and 2 and by
adding Section 4.5 as follows:
(50 ILCS 710/1) (from Ch. 85, par. 515)
Sec. 1. Definitions. As used in this Act:
(a) "Peace officer" means (i) any person who by virtue of
his office or public employment is vested by law with a primary
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, and who is employed in such capacity by any
county or municipality; or (ii) any retired law enforcement
officers qualified under federal law to carry a concealed
weapon; or (iii) any child protective investigator of a Child
Protective Services Unit assigned by the Director of the
Department of Children and Family Services to perform the
duties and responsibilities as provided under Section 7.2 of
the Abused and Neglected Child Reporting Act.
(a-5) "Probation officer" means a county probation officer
authorized by the Chief Judge of the Circuit Court to carry a
firearm as part of his or her duties under Section 12 of the

HB5663 - 2 - LRB100 17180 KTG 32335 b
Probation and Probation Officers Act and Section 24-2 of the
Criminal Code of 2012.
(b) "Firearms" means any weapon or device defined as a
firearm in Section 1.1 of "An Act relating to the acquisition,
possession and transfer of firearms and firearm ammunition, to
provide a penalty for the violation thereof and to make an
appropriation in connection therewith", approved August 3,
1967, as amended.
(Source: P.A. 98-725, eff. 1-1-15.)
(50 ILCS 710/2) (from Ch. 85, par. 516)
Sec. 2. Training course for peace officers and probation
officers.
(a) Except as provided in subsection (f), successful
Successful completion of a 40 hour course of training in use of
a suitable type firearm shall be a condition precedent to the
possession and use of that respective firearm by any peace
officer or probation officer in this State in connection with
the officer's official duties. The training must be approved by
the Illinois Law Enforcement Training Standards Board ("the
Board") and may be given in logical segments but must be
completed by a peace officer within 6 months from the date of
the officer's initial employment and by a probation officer
before possession and use of a firearm in connection with the
probation officer's official duties. To satisfy the
requirements of this Act, the training must include the

HB5663 - 3 - LRB100 17180 KTG 32335 b
following:
(1) Instruction in the dangers of misuse of the
firearm, safety rules, and care and cleaning of the
firearm.
(2) Practice firing on a range and qualification with
the firearm in accordance with the standards established by
the Board.
(3) Instruction in the legal use of firearms under the
Criminal Code of 2012 and relevant court decisions.
(4) A forceful presentation of the ethical and moral
considerations assumed by any person who uses a firearm.
(b) Any officer who successfully completes the Basic
Training Course prescribed for recruits by the Board shall be
presumed to have satisfied the requirements of this Act.
(c) The Board shall cause the training courses to be
conducted twice each year within each of the Mobile Team
Regions, but no training course need be held when there are no
police officers or probation officers requiring the training.
(d) (Blank).
(e) The Board may waive, or may conditionally waive, the 40
hour course of training if, in the Board's opinion, the officer
has previously successfully completed a course of similar
content and duration. In cases of waiver, the officer shall
demonstrate his or her knowledge and proficiency by passing the
written examination on firearms and by successfully passing the
range qualification portion of the prescribed course of

HB5663 - 4 - LRB100 17180 KTG 32335 b
training.
(f) Notwithstanding any other provision of this Act or
other law, no peace officer who is a child protective
investigator of a Child Protective Services Unit assigned by
the Director of the Department of Children and Family Services
to perform the duties and responsibilities as provided under
Section 7.2 of the Abused and Neglected Child Reporting Act is
permitted to possess or use any firearm during the performance
of his or her official duties and responsibilities.
(Source: P.A. 97-1150, eff. 1-25-13; 98-725, eff. 1-1-15.)
(50 ILCS 710/4.5 new)
Sec. 4.5. Crisis Intervention Team training; child
protective investigator. Before becoming a peace officer, a
child protective investigator of a Child Protective Services
Unit assigned by the Director of the Department of Children and
Family Services to perform the duties and responsibilities as
provided under Section 7.2 of the Abused and Neglected Child
Reporting Act must complete a Crisis Intervention Team training
program conducted by the Illinois Law Enforcement Training
Standards Board as is required of law enforcement officers
under Section 10-17 of the Illinois Police Training Act before
becoming a peace officer.
Section 10. The Abused and Neglected Child Reporting Act is
amended by adding Section 7.2a as follows:

HB5663 - 5 - LRB100 17180 KTG 32335 b
(325 ILCS 5/7.2a new)
Sec. 7.2a. Compliance with Department investigation rules;
safety training study.
(a) When conducting an investigation on a report of child
abuse or neglect all Department personnel, including child
protective investigators, child protective specialists, and
other members of a Child Protective Services Unit, must adhere
to the following procedures and policies enumerated in the
Policy Manual "REPORTS OF CHILD ABUSE AND NEGLECT October 9,
2015 – PT 2015.23 - PROCEDURES 300" published on the Department
of Children and Family Services' website:
(1) Procedure 300.50 (c)(1), Initiation of the
Investigation.
(2) Procedure 300.50(c)(2), Good Faith Attempt to
Initiate an Investigation.
(3) Procedure 300.50(c)(3), Attempts to Locate the
Child Victim.
(4) Procedure 300.50(c)(4), In-Person Contact with
Alleged Child Victims.
(5) Procedure 300.50(k), Referrals to Law Enforcement
and State's Attorney.
(6) Procedure 300.50(l), Parallel Investigations.
(7) Procedure 300.80, Child Protection Supervisor/Area
Administrator Waivers.
(8) Procedures 300.Appendix B, The Allegation System.

HB5663 - 6 - LRB100 17180 KTG 32335 b
(b) When conducting an investigation on a report of child
abuse or neglect all Department personnel, including child
protective investigators, child protective specialists, and
other members of a Child Protective Services Unit, must contact
the appropriate local law enforcement agency for assistance if
necessary for the protection of the child, a Department
employee, or another person involved in the investigation.
Notification to the appropriate local law enforcement agency
must always be conducted in the following instances:
(1) to provide notification that a possible criminal
act was committed;
(2) to request assistance in protecting the child and
the child protective specialist or child protective
investigator;
(3) to request assistance in taking temporary
protective custody of a child;
(4) to request assistance in preserving evidence; or
(5) to request assistance in conducting a child abuse
or neglect investigation.
(c) To ensure the safety of all Department personnel,
including child protective investigators, child protective
specialists, and other members of a Child Protective Services
Unit, the Department must adopt and implement policies on:
(1) self-defense training for Department personnel,
including the use and possession of mace, pepper spray, or
any other toxic air-released compound; and

HB5663 - 7 - LRB100 17180 KTG 32335 b
(2) official Department vehicle placards and outerwear
or uniforms for Department personnel to utilize when
conducting an investigation.
(d) The Director of the Department of Children and Family
Services, in collaboration with its grantees and contractors
and a labor organization representing State employees, shall
conduct a review of safety training available to Department
employees, contractors, and grantees and to other State
employees. On or before July 1, 2019, the Director shall report
any findings and recommendations on safety training for
Department employees to the following House committees:
Judiciary - Civil, Human Services, and State Government
Administration; and to the following Senate committees:
Judiciary, Human Services, and State Government.
Section 15. The Criminal Code of 2012 is amended by
changing Sections 12-7.3 and 12-7.4 and by adding Section 12-6a
as follows:
(720 ILCS 5/12-6a new)
Sec. 12-6a. Criminal threatening.
(a) As used in this Section:
"Serious bodily injury" has the meaning ascribed to that
term in Section 12C-60.
"Threat" and "threaten" shall not include constitutionally
protected activity.

HB5663 - 8 - LRB100 17180 KTG 32335 b
(b) A person shall not by words or conduct knowingly:
(1) threaten another person; and
(2) as a result of the threat, place the other person
in reasonable apprehension of death or serious bodily
injury.
(c) A person who violates subsection (b) of this Section
shall be imprisoned not more than one year or fined not more
than $1,000, or both.
(d) A person who violates subsection (b) of this Section
with the intent to prevent another person from reporting to the
Department for Children and Family Services the suspected abuse
or neglect of a child shall be imprisoned not more than 2 years
or fined not more than $1,000 or both.
(e) Any person charged under this Section who is under 18
years of age shall be adjudicated as a juvenile delinquent.
(f) It shall be an affirmative defense to a charge under
this Section that the person did not have the ability to carry
out the threat. The burden shall be on the defendant to prove
the affirmative defense by a preponderance of the evidence.
(720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
Sec. 12-7.3. Stalking.
(a) A person commits stalking when he or she knowingly
engages in a course of conduct directed at a specific person,
and he or she knows or should know that this course of conduct
would cause a reasonable person to:

HB5663 - 9 - LRB100 17180 KTG 32335 b
(1) fear for his or her safety or the safety of a third
person; or
(2) would cause a reasonable person substantial suffer
other emotional distress.
(a-3) A person commits stalking when he or she, knowingly
and without lawful justification, on at least 2 separate
occasions follows another person or places the person under
surveillance or any combination thereof and:
(1) at any time transmits a threat of immediate or
future bodily harm, sexual assault, confinement or
restraint and the threat is directed towards that person or
a family member of that person; or
(2) places that person in reasonable apprehension of
immediate or future bodily harm, sexual assault,
confinement or restraint to or of that person or a family
member of that person.
(a-5) A person commits stalking when he or she has
previously been convicted of stalking another person and
knowingly and without lawful justification on one occasion:
(1) follows that same person or places that same person
under surveillance; and
(2) transmits a threat of immediate or future bodily
harm, sexual assault, confinement or restraint to that
person or a family member of that person.
(b) Sentence. Stalking is a Class 4 felony; a second or
subsequent conviction is a Class 3 felony.

HB5663 - 10 - LRB100 17180 KTG 32335 b
(c) Definitions. For purposes of this Section:
(1) "Course of conduct" means 2 or more acts, including
but not limited to acts in which a defendant directly,
indirectly, or through third parties, by any action,
method, device, or means follows, monitors, observes,
surveils, threatens or makes threats about another person,
or communicates to or about, a person, engages in other
non-consensual contact, or interferes with or damages a
person's property or pet. A course of conduct may include
contact via electronic communications. This definition
shall apply to acts conducted by the person directly or
indirectly, and by any action, method, device, or means. As
used in this paragraph, "threaten" shall not be construed
to require an express or overt threat.
(2) "Electronic communication" means any transfer of
signs, signals, writings, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions
by a computer through the Internet to another computer.
(3) "Emotional distress" means significant mental
suffering, anxiety or alarm that may, but does not
necessarily, require medical or other professional
treatment or counseling.
(4) "Family member" means a parent, grandparent,
brother, sister, or child, whether by whole blood,

HB5663 - 11 - LRB100 17180 KTG 32335 b
half-blood, or adoption and includes a step-grandparent,
step-parent, step-brother, step-sister or step-child.
"Family member" also means any other person who regularly
resides in the household, or who, within the prior 6
months, regularly resided in the household.
(5) "Follows another person" means (i) to move in
relative proximity to a person as that person moves from
place to place or (ii) to remain in relative proximity to a
person who is stationary or whose movements are confined to
a small area. "Follows another person" does not include a
following within the residence of the defendant.
(6) "Non-consensual contact" means any contact with
the victim that is initiated or continued without the
victim's consent, including but not limited to being in the
physical presence of the victim; appearing within the sight
of the victim; approaching or confronting the victim in a
public place or on private property; appearing at the
workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; or placing an object on, or delivering an object
to, property owned, leased, or occupied by the victim.
(7) "Places a person under surveillance" means: (1)
remaining present outside the person's school, place of
employment, vehicle, other place occupied by the person, or
residence other than the residence of the defendant; or (2)
placing an electronic tracking device on the person or the

HB5663 - 12 - LRB100 17180 KTG 32335 b
person's property.
(8) "Reasonable person" means a reasonable person in
the victim's situation.
(9) "Transmits a threat" means a verbal or written
threat or a threat implied by a pattern of conduct or a
combination of verbal or written statements or conduct.
(d) Exemptions.
(1) This Section does not apply to any individual or
organization (i) monitoring or attentive to compliance
with public or worker safety laws, wage and hour
requirements, or other statutory requirements, or (ii)
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be
included in those agreements.
(2) This Section does not apply to an exercise of the
right to free speech or assembly that is otherwise lawful.
(3) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers
and hosting service providers, are not liable under this
Section, except for willful and wanton misconduct, by

HB5663 - 13 - LRB100 17180 KTG 32335 b
virtue of the transmission, storage, or caching of
electronic communications or messages of others or by
virtue of the provision of other related
telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(d-5) The incarceration of a person in a penal institution
who commits the course of conduct or transmits a threat is not
a bar to prosecution under this Section.
(d-10) A defendant who directed the actions of a third
party to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(e) It shall not be a defense under this Section that the
defendant was not provided actual notice that the course of
conduct was unwanted.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
Sec. 12-7.4. Aggravated stalking.
(a) A person commits aggravated stalking when he or she
commits stalking and:
(1) causes bodily harm to the victim;

HB5663 - 14 - LRB100 17180 KTG 32335 b
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order of
protection, a stalking no contact order, a civil no contact
order, or an injunction prohibiting the behavior described
in subsection (b)(1) of Section 214 of the Illinois
Domestic Violence Act of 1986.
(a-1) A person commits aggravated stalking when he or she
is required to register under the Sex Offender Registration Act
or has been previously required to register under that Act and
commits the offense of stalking when the victim of the stalking
is also the victim of the offense for which the sex offender is
required to register under the Sex Offender Registration Act or
a family member of the victim.
(b) Sentence. Aggravated stalking is a Class 3 felony; a
second or subsequent conviction is a Class 2 felony.
(c) Exemptions.
(1) This Section does not apply to any individual or
organization (i) monitoring or attentive to compliance
with public or worker safety laws, wage and hour
requirements, or other statutory requirements, or (ii)
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the managing or maintenance of

HB5663 - 15 - LRB100 17180 KTG 32335 b
collective bargaining agreements, and the terms to be
included in those agreements.
(2) This Section does not apply to an exercise of the
right of free speech or assembly that is otherwise lawful.
(3) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers
and hosting service providers, are not liable under this
Section, except for willful and wanton misconduct, by
virtue of the transmission, storage, or caching of
electronic communications or messages of others or by
virtue of the provision of other related
telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(d) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(e) It shall not be a defense under this Section that the
defendant was not provided actual notice that the course of
conduct was unwanted.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff.

HB5663 - 16 - LRB100 17180 KTG 32335 b
1-1-13.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-3 as follows:
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions.
(a) For the purposes of this Article, "protective order"
means a domestic violence order of protection, a civil no
contact order, or a stalking no contact order.
(b) For the purposes of domestic violence cases, the
following terms shall have the following meanings in this
Article:
(1) "Abuse" means physical abuse, harassment,
intimidation of a dependent, interference with personal
liberty or willful deprivation but does not include
reasonable direction of a minor child by a parent or person
in loco parentis.
(2) "Domestic violence" means abuse as described in
paragraph (1).
(3) "Family or household members" include spouses,
former spouses, parents, children, stepchildren and other
persons related by blood or by present or prior marriage,
persons who share or formerly shared a common dwelling,
persons who have or allegedly have a child in common,
persons who share or allegedly share a blood relationship

HB5663 - 17 - LRB100 17180 KTG 32335 b
through a child, persons who have or have had a dating or
engagement relationship, persons with disabilities and
their personal assistants, and caregivers as defined in
subsection (e) of Section 12-4.4a of the Criminal Code of
2012. For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed
to constitute a dating relationship.
(4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable under
the circumstances; would cause a reasonable person
emotional distress; and does cause emotional distress to
the petitioner. Unless the presumption is rebutted by a
preponderance of the evidence, the following types of
conduct shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place
of employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly keeping petitioner under
surveillance by remaining present outside his or her
home, school, place of employment, vehicle or other
place occupied by petitioner or by peering in
petitioner's windows;

HB5663 - 18 - LRB100 17180 KTG 32335 b
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly
remove a minor child of petitioner's from the
jurisdiction or from the physical care of petitioner,
repeatedly threatening to conceal a minor child from
petitioner, or making a single such threat following an
actual or attempted improper removal or concealment,
unless respondent was fleeing from an incident or
pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(5) "Interference with personal liberty" means
committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel another
to engage in conduct from which she or he has a right to
abstain or to refrain from conduct in which she or he has a
right to engage.
(6) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or
disability to participation in or the witnessing of:
physical force against another or physical confinement or
restraint of another which constitutes physical abuse as
defined in this Article, regardless of whether the abused
person is a family or household member.
(7) "Order of protection" means an order, granted
pursuant to this Article, which includes any or all of the

HB5663 - 19 - LRB100 17180 KTG 32335 b
remedies authorized by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named petitioner
for the order of protection and any named victim of abuse
on whose behalf the petition is brought, but also any other
person protected by this Article.
(9) "Physical abuse" includes sexual abuse and means
any of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(9.3) "Respondent" in a petition for an order of
protection means the defendant.
(9.5) "Stay away" means for the respondent to refrain
from both physical presence and nonphysical contact with
the petitioner whether direct, indirect (including, but
not limited to, telephone calls, mail, email, faxes, and
written notes), or through third parties who may or may not
know about the order of protection.
(10) "Willful deprivation" means wilfully denying a
person who because of age, health or disability requires
medication, medical care, shelter, accessible shelter or
services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk of

HB5663 - 20 - LRB100 17180 KTG 32335 b
physical, mental or emotional harm, except with regard to
medical care and treatment when such dependent person has
expressed the intent to forgo such medical care or
treatment. This paragraph does not create any new
affirmative duty to provide support to dependent persons.
(c) For the purposes of cases involving sexual offenses,
the following terms shall have the following meanings in this
Article:
(1) "Civil no contact order" means an order granted
under this Article, which includes a remedy authorized by
Section 112A-14.5 of this Code.
(2) "Family or household members" include spouses,
parents, children, stepchildren, and persons who share a
common dwelling.
(3) "Non-consensual" means a lack of freely given
agreement.
(4) "Petitioner" means not only any named petitioner
for the civil no contact order and any named victim of
non-consensual sexual conduct or non-consensual sexual
penetration on whose behalf the petition is brought, but
includes any other person sought to be protected under this
Article.
(5) "Respondent" in a petition for a civil no contact
order means the defendant.
(6) "Sexual conduct" means any intentional or knowing
touching or fondling by the petitioner or the respondent,

HB5663 - 21 - LRB100 17180 KTG 32335 b
either directly or through clothing, of the sex organs,
anus, or breast of the petitioner or the respondent, or any
part of the body of a child under 13 years of age, or any
transfer or transmission of semen by the respondent upon
any part of the clothed or unclothed body of the
petitioner, for the purpose of sexual gratification or
arousal of the petitioner or the respondent.
(7) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, the sex organ, mouth or anus of another person, or
any intrusion, however slight, of any part of the body of
one person or of any animal or object into the sex organ or
anus of another person, including but not limited to
cunnilingus, fellatio or anal penetration. Evidence of
emission of semen is not required to prove sexual
penetration.
(8) "Stay away" means to refrain from both physical
presence and nonphysical contact with the petitioner
directly, indirectly, or through third parties who may or
may not know of the order. "Nonphysical contact" includes,
but is not limited to, telephone calls, mail, e-mail, fax,
and written notes.
(d) For the purposes of cases involving stalking offenses,
the following terms shall have the following meanings in this
Article:
(1) "Course of conduct" means 2 or more acts,

HB5663 - 22 - LRB100 17180 KTG 32335 b
including, but not limited to, acts in which a respondent
directly, indirectly, or through third parties, by any
action, method, device, or means follows, monitors,
observes, surveils, threatens or makes threats about
another person, or communicates to or about, a person,
engages in other contact, or interferes with or damages a
person's property or pet. A course of conduct may include
contact via electronic communications. The incarceration
of a person in a penal institution who commits the course
of conduct is not a bar to prosecution. This definition
shall apply to acts conducted by the person directly or
indirectly, and by any action, method, device, or means. As
used in this paragraph, "threaten" shall not be construed
to require an express or overt threat.
(2) "Emotional distress" means significant mental
suffering, anxiety or alarm.
(3) "Contact" includes any contact with the victim,
that is initiated or continued without the victim's
consent, or that is in disregard of the victim's expressed
desire that the contact be avoided or discontinued,
including, but not limited to, being in the physical
presence of the victim; appearing within the sight of the
victim; approaching or confronting the victim in a public
place or on private property; appearing at the workplace or
residence of the victim; entering onto or remaining on
property owned, leased, or occupied by the victim; or

HB5663 - 23 - LRB100 17180 KTG 32335 b
placing an object on, or delivering an object to, property
owned, leased, or occupied by the victim; or non-physical
contact. "Nonphysical contact" includes telephone calls,
mail, e-mail, social media commentary or comment, or other
electronic communication, fax, and written notes.
(4) "Petitioner" means any named petitioner for the
stalking no contact order or any named victim of stalking
on whose behalf the petition is brought.
(5) "Reasonable person" means a person in the
petitioner's circumstances with the petitioner's knowledge
of the respondent and the respondent's prior acts.
(6) "Respondent" in a petition for a civil no contact
order means the defendant.
(7) "Stalking" means engaging purposefully in a course
of conduct directed at a specific person, and he or she
knows or should know that this course of conduct would
cause a reasonable person to fear for his or her safety or
the safety of a third person; or suffer emotional distress
as evidenced by (i) a fear of unlawful sexual conduct,
unlawful restraint, bodily injury, or death, or (ii)
significant modifications in the person's actions or
routines, including moving from an established residence,
changes to established daily routes to and from work that
cause a serious disruption in the person's life, changes to
the person's employment or work schedule, or the loss of a
job or time from work. "Stalking" does not include an

HB5663 - 24 - LRB100 17180 KTG 32335 b
exercise of the right to free speech or assembly that is
otherwise lawful or picketing occurring at the workplace
that is otherwise lawful and arises out of a bona fide
labor dispute, including any controversy concerning wages,
salaries, hours, working conditions or benefits, including
health and welfare, sick leave, insurance, and pension or
retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be
included in those agreements.
(8) "Stalking no contact order" means an order granted
under this Article, which includes a remedy authorized by
Section 112A-14.7 of this Code.
(Source: P.A. 100-199, eff. 1-1-18.)
HB5663 - 25 - LRB100 17180 KTG 32335 b
INDEX
Statutes amended in order of appearance