Bill Amendment: IL SB0961 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: CRIMINAL LAW-TECH

Status: 2025-01-07 - Session Sine Die [SB0961 Detail]

Download: Illinois-2023-SB0961-Senate_Amendment_001.html

---

Sen. Sue Rezin

Filed: 4/11/2024

10300SB0961sam001 LRB103 05380 RLC 70179 a
AMENDMENT TO SENATE BILL 961
AMENDMENT NO. ______. Amend Senate Bill 961 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 12-7.3 as follows:
(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:
(1) fear for his or her safety or the safety of a third
person; or
(2) suffer other emotional distress.
(a-3) A person commits stalking when he or she, knowingly
and without lawful justification, on at least 2 separate

10300SB0961sam001 - 2 - LRB103 05380 RLC 70179 a
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.
(a-7) A person commits stalking when he or she knowingly
makes threats that are a part of a course of conduct and is
aware of the threatening nature of his or her speech.
(a-10) A person commits stalking when he or she uses any
electronic tracking system or acquires tracking information to
determine the targeted person's location, movement, or travel
patterns without the targeted person's consent and the person
knows or should know that the use of the electronic tracking

10300SB0961sam001 - 3 - LRB103 05380 RLC 70179 a
system or the acquisition of tracking information would cause
a reasonable person to fear for his or her safety or the safety
of a third person.
(b) Sentence. Stalking is a Class 4 felony; a second or
subsequent conviction is a Class 3 felony.
(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 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.
(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.
(2.1) "Electronic tracking system" means a device
capable of emitting an electronic frequency or other
signal that may be used by a person to identify, monitor,
or record the location of another person or object.
(3) "Emotional distress" means significant mental

10300SB0961sam001 - 4 - LRB103 05380 RLC 70179 a
suffering, anxiety or alarm.
(4) "Family member" means a parent, grandparent,
brother, sister, or child, whether by whole blood,
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

10300SB0961sam001 - 5 - LRB103 05380 RLC 70179 a
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 person's property.
(8) "Reasonable person" means a 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,

10300SB0961sam001 - 6 - LRB103 05380 RLC 70179 a