Bill Text: IL HB0693 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: 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 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.

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0246 [HB0693 Detail]

Download: Illinois-2009-HB0693-Enrolled.html

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AN ACT in relation to stalking.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Stalking No Contact Order Act.
Section 5. Purpose. Stalking generally refers to a course
of conduct, not a single act. Stalking behavior includes
following a person, conducting surveillance of the person,
appearing at the person's home, work or school, making unwanted
phone calls, sending unwanted emails or text messages, leaving
objects for the person, vandalizing the person's property, or
injuring a pet. Stalking is a serious crime. Victims experience
fear for their safety, fear for the safety of others and suffer
emotional distress. Many victims alter their daily routines to
avoid the persons who are stalking them. Some victims are in
such fear that they relocate to another city, town or state.
While estimates suggest that 70% of victims know the
individuals stalking them, only 30% of victims have dated or
been in intimate relationships with their stalkers. All
stalking victims should be able to seek a civil remedy
requiring the offenders stay away from the victims and third
parties.

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Section 10. Definitions. For the purposes of this Act:
"Course of conduct" means 2 or more acts, 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
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 under this Section.
"Emotional distress" means significant mental suffering,
anxiety or alarm.
"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 placing
an object on, or delivering an object to, property owned,
leased, or occupied by the victim.
"Petitioner" means any named petitioner for the stalking no
contact order or any named victim of stalking on whose behalf

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the petition is brought.
"Reasonable person" means a person in the petitioner's
circumstances with the petitioner's knowledge of the
respondent and the respondent's prior acts.
"Stalking" means engaging 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. Stalking does not include an 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.
"Stalking No Contact Order" means an emergency order or
plenary order granted under this Act, which includes a remedy
authorized by Section 80 of this Act.
Section 15. Persons protected by this Act. A petition for a
stalking no contact order may be filed when relief is not
available to the petitioner under the Illinois Domestic
Violence Act of 1986:
(1) by any person who is a victim of stalking; or

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(2) by a person on behalf of a minor child or an adult
who is a victim of stalking but, because of age,
disability, health, or inaccessibility, cannot file the
petition.
Section 20. Commencement of action; filing fees.
(a) An action for a stalking no contact order is commenced:
(1) independently, by filing a petition for a stalking
no contact order in any civil court, unless specific courts
are designated by local rule or order; or
(2) in conjunction with a delinquency petition or a
criminal prosecution, by filing a petition for a stalking
no contact order under the same case number as the
delinquency petition or criminal prosecution, to be
granted during pre-trial release of a defendant, with any
dispositional order issued under Section 5-710 of the
Juvenile Court Act of 1987 or as a condition of release,
supervision, conditional discharge, probation, periodic
imprisonment, parole, or mandatory supervised release, or
in conjunction with imprisonment or a bond forfeiture
warrant, provided that (i) the violation is alleged in an
information, complaint, indictment, or delinquency
petition on file and the alleged victim is a person
protected by this Act, and (ii) the petition, which is
filed by the State's Attorney, names a victim of the
alleged crime as a petitioner.

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(b) Withdrawal or dismissal of any petition for a stalking
no contact order prior to adjudication where the petitioner is
represented by the State shall operate as a dismissal without
prejudice. No action for a stalking no contact order shall be
dismissed because the respondent is being prosecuted for a
crime against the petitioner. For any action commenced under
item (2) of subsection (a) of this Section, dismissal of the
conjoined case (or a finding of not guilty) shall not require
dismissal of the action for a stalking no contact order;
instead, it may be treated as an independent action and, if
necessary and appropriate, transferred to a different court or
division.
(c) No fee shall be charged by the clerk of the court for
filing petitions or modifying or certifying orders. No fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms for filing of a petition
under this Section by any person not represented by counsel.
Section 25. Pleading; non-disclosure of address.
(a) A petition for a stalking no contact order shall be in
writing and verified or accompanied by affidavit and shall
allege that the petitioner has been the victim of stalking by
the respondent.

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(b) If the petition states that disclosure of the
petitioner's address would risk abuse of the petitioner or any
member of the petitioner's family or household, that address
may be omitted from all documents filed with the court. If the
petitioner has not disclosed an address under this subsection,
the petitioner shall designate an alternative address at which
the respondent may serve notice of any motions.
Section 30. Application of rules of civil procedure; victim
advocates.
(a) Any proceeding to obtain, modify, reopen or appeal a
stalking no contact order shall be governed by the rules of
civil procedure of this State. The standard of proof in such a
proceeding is proof by a preponderance of the evidence. The
Code of Civil Procedure and Supreme Court and local court rules
applicable to civil proceedings shall apply, except as
otherwise provided by this Act.
(b) In circuit courts, victim advocates shall be allowed to
accompany the petitioner and confer with the petitioner, unless
otherwise directed by the court. Court administrators shall
allow victim advocates to assist victims of stalking in the
preparation of petitions for stalking no contact orders. Victim
advocates are not engaged in the unauthorized practice of law
when providing assistance of the types specified in this
subsection (b).

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Section 35. Appointment of counsel. The court may appoint
counsel to represent the petitioner if the respondent is
represented by counsel.
Section 40. Trial by jury. There shall be no right to trial
by jury in any proceeding to obtain, modify, vacate or extend
any stalking no contact order under this Act. However, nothing
in this Section shall deny any existing right to trial by jury
in a criminal proceeding.
Section 45. Subject matter jurisdiction. Each of the
circuit courts has the power to issue stalking no contact
orders.
Section 50. Jurisdiction over persons. The courts of this
State have jurisdiction to bind (1) State residents and (2)
non-residents having minimum contacts with this State, to the
extent permitted by the long-arm statute, Section 2-209 of the
Code of Civil Procedure.
Section 55. Venue. A petition for a stalking no contact
order may be filed in any county where (1) the petitioner
resides, (2) the respondent resides, or (3) one or more acts of
the alleged stalking occurred.
Section 60. Process.

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(a) Any action for a stalking no contact order requires
that a separate summons be issued and served. The summons shall
be in the form prescribed by Supreme Court Rule 101(d), except
that it shall require the respondent to answer or appear within
7 days. Attachments to the summons or notice shall include the
petition for stalking no contact order and supporting
affidavits, if any, and any emergency stalking no contact order
that has been issued.
(b) The summons shall be served by the sheriff or other law
enforcement officer at the earliest time and shall take
precedence over other summonses except those of a similar
emergency nature. Special process servers may be appointed at
any time, and their designation shall not affect the
responsibilities and authority of the sheriff or other official
process servers.
(c) Service of process on a member of the respondent's
household or by publication shall be adequate if: (1) the
petitioner has made all reasonable efforts to accomplish actual
service of process personally upon the respondent, but the
respondent cannot be found to effect such service; and (2) the
petitioner files an affidavit or presents sworn testimony as to
those efforts.
(d) A plenary stalking no contact order may be entered by
default for the remedy sought in the petition, if the
respondent has been served or given notice in accordance with
subsection (a) and if the respondent then fails to appear as

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directed or fails to appear on any subsequent appearance or
hearing date agreed to by the parties or set by the court.
Section 65. Service of notice of hearings. Except as
provided in Section 60, notice of hearings on petitions or
motions shall be served in accordance with Supreme Court Rules
11 and 12, unless notice is excused by Section 100 of this Act
or by the Code of Civil Procedure, Supreme Court Rules, or
local rules.
Section 70. Hearings. A petition for a stalking no contact
order shall be treated as an expedited proceeding, and no court
may transfer or otherwise decline to decide all or part of such
petition. Nothing in this Section shall prevent the court from
reserving issues if jurisdiction or notice requirements are not
met.
Section 75. Continuances.
(a) Petitions for emergency remedies shall be granted or
denied in accordance with the standards of Section 100,
regardless of the respondent's appearance or presence in court.
(b) Any action for a stalking no contact order is an
expedited proceeding. Continuances shall be granted only for
good cause shown and kept to the minimum reasonable duration,
taking into account the reasons for the continuance.

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Section 80. Stalking no contact orders; remedies.
(a) If the court finds that the petitioner has been a
victim of stalking, a stalking no contact order shall issue;
provided that the petitioner must also satisfy the requirements
of Section 95 on emergency orders or Section 100 on plenary
orders. The petitioner shall not be denied a stalking no
contact order because the petitioner or the respondent is a
minor. The court, when determining whether or not to issue a
stalking no contact order, may not require physical injury on
the person of the petitioner. Modification and extension of
prior stalking no contact orders shall be in accordance with
this Act.
(b) A stalking no contact order shall order one or more of
the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the

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respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(c) The court may award the petitioner costs and attorneys
fees if a stalking no contact order is granted.
(d) Monetary damages are not recoverable as a remedy.
Section 85. Mutual stalking no contact orders are
prohibited. Correlative separate orders undermine the purposes
of this Act. If separate orders are sought, both must comply
with all provisions of this Act.
Section 90. Accountability for actions of others. For the
purposes of issuing a stalking no contact order, deciding what
remedies should be included and enforcing the order, Article 5
of the Criminal Code of 1961 shall govern whether respondent is
legally accountable for the conduct of another person.
Section 95. Emergency stalking no contact order.
(a) An emergency stalking no contact order shall issue if
the petitioner satisfies the requirements of this subsection

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(a). The petitioner shall establish that:
(1) the court has jurisdiction under Section 50;
(2) the requirements of Section 80 are satisfied; and
(3) there is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because the harm which that remedy is intended
to prevent would be likely to occur if the respondent were
given any prior notice, or greater notice than was actually
given, of the petitioner's efforts to obtain judicial
relief.
An emergency stalking no contact order shall be issued by
the court if it appears from the contents of the petition and
the examination of the petitioner that the averments are
sufficient to indicate stalking by the respondent and to
support the granting of relief under the issuance of the
stalking no contact order.
An emergency stalking no contact order shall be issued if
the court finds that items (1), (2), and (3) of this subsection
(a) are met.
(b) If the respondent appears in court for this hearing for
an emergency order, he or she may elect to file a general
appearance and testify. Any resulting order may be an emergency
order, governed by this Section. Notwithstanding the
requirements of this Section, if all requirements of Section
100 have been met, the court may issue a plenary order.
(c) Emergency orders; court holidays and evenings.

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(1) When the court is unavailable at the close of
business, the petitioner may file a petition for a 21-day
emergency order before any available circuit judge or
associate judge who may grant relief under this Act. If the
judge finds that there is an immediate and present danger
of abuse against the petitioner and that the petitioner has
satisfied the prerequisites set forth in subsection (a),
that judge may issue an emergency stalking no contact
order.
(2) The chief judge of the circuit court may designate
for each county in the circuit at least one judge to be
reasonably available to issue orally, by telephone, by
facsimile, or otherwise, an emergency stalking no contact
order at all times, whether or not the court is in session.
(3) Any order issued under this Section and any
documentation in support of the order shall be certified on
the next court day to the appropriate court. The clerk of
that court shall immediately assign a case number, file the
petition, order, and other documents with the court, and
enter the order of record and file it with the sheriff for
service, in accordance with Section 60. Filing the petition
shall commence proceedings for further relief under
Section 20. Failure to comply with the requirements of this
paragraph (3) does not affect the validity of the order.
Section 100. Plenary stalking no contact order. A plenary

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stalking no contact order shall issue if the petitioner has
served notice of the hearing for that order on the respondent,
in accordance with Section 65, and satisfies the requirements
of this Section. The petitioner must establish that:
(1) the court has jurisdiction under Section 50;
(2) the requirements of Section 80 are satisfied;
(3) a general appearance was made or filed by or for
the respondent or process was served on the respondent in
the manner required by Section 60; and
(4) the respondent has answered or is in default.
Section 105. Duration and extension of orders.
(a) Unless re-opened or extended or voided by entry of an
order of greater duration, an emergency order shall be
effective for not less than 14 nor more than 21 days.
(b) Except as otherwise provided in this Section, a plenary
stalking no contact order shall be effective for a fixed period
of time, not to exceed 2 years. A plenary stalking no contact
order entered in conjunction with a criminal prosecution shall
remain in effect as follows:
(1) if entered during pre-trial release, until
disposition, withdrawal, or dismissal of the underlying
charge; if however, the case is continued as an independent
cause of action, the order's duration may be for a fixed
period of time not to exceed 2 years;
(2) if in effect in conjunction with a bond forfeiture

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warrant, until final disposition or an additional period of
time not exceeding 2 years; no stalking no contact order,
however, shall be terminated by a dismissal that is
accompanied by the issuance of a bond forfeiture warrant;
(3) permanent if a judgment of conviction for stalking
is entered.
(c) Any emergency or plenary order may be extended one or
more times, as required, provided that the requirements of
Section 95 or 100, as appropriate, are satisfied. If the motion
for extension is uncontested and the petitioner seeks no
modification of the order, the order may be extended on the
basis of the petitioner's motion or affidavit stating that
there has been no material change in relevant circumstances
since entry of the order and stating the reason for the
requested extension. Extensions may be granted only in open
court and not under the provisions of subsection (c) of Section
95, which applies only when the court is unavailable at the
close of business or on a court holiday.
(d) Any stalking no contact order which would expire on a
court holiday shall instead expire at the close of the next
court business day.
(e) The practice of dismissing or suspending a criminal
prosecution in exchange for the issuance of a stalking no
contact order undermines the purposes of this Act. This Section
shall not be construed as encouraging that practice.

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Section 110. Contents of orders.
(a) Any stalking no contact order shall describe each
remedy granted by the court, in reasonable detail and not by
reference to any other document, so that the respondent may
clearly understand what he or she must do or refrain from
doing.
(b) A stalking no contact order shall further state the
following:
(1) The name of each petitioner that the court finds
was the victim of stalking by the respondent.
(2) The date and time the stalking no contact order was
issued, whether it is an emergency or plenary order, and
the duration of the order.
(3) The date, time, and place for any scheduled hearing
for extension of that stalking no contact order or for
another order of greater duration or scope.
(4) For each remedy in an emergency stalking no contact
order, the reason for entering that remedy without prior
notice to the respondent or greater notice than was
actually given.
(5) For emergency stalking no contact orders, that the
respondent may petition the court, in accordance with
Section 120, to reopen the order if he or she did not
receive actual prior notice of the hearing as required
under Section 65 of this Act and if the respondent alleges
that he or she had a meritorious defense to the order or

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that the order or its remedy is not authorized by this Act.
(c) A stalking no contact order shall include the following
notice, printed in conspicuous type: "An initial knowing
violation of a stalking no contact order is a Class A
misdemeanor. Any second or subsequent knowing violation is a
Class 4 felony."
Section 115. Notice of orders.
(a) Upon issuance of any stalking no contact order, the
clerk shall immediately, or on the next court day if an
emergency order is issued in accordance with subsection (c) of
Section 95:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the petitioner
may, on the same day that a stalking no contact order is
issued, file a certified copy of that order with the sheriff or
other law enforcement officials charged with maintaining
Department of State Police records or charged with serving the
order upon the respondent. If the order was issued in
accordance with subsection (c) of Section 95, the clerk shall,
on the next court day, file a certified copy of the order with
the sheriff or other law enforcement officials charged with
maintaining Department of State Police records.

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(c) Unless the respondent was present in court when the
order was issued, the sheriff, other law enforcement official,
or special process server shall promptly serve that order upon
the respondent and file proof of such service in the manner
provided for service of process in civil proceedings. If
process has not yet been served upon the respondent, it shall
be served with the order or short form notification.
(d) If the person against whom the stalking no contact
order is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 95 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for stalking no contact order or receipt of the order issued
under Section 95 of this Act.
(e) Any order extending, modifying, or revoking any
stalking no contact order shall be promptly recorded, issued,
and served as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours of
the issuance of a stalking no contact order, the clerk of the
issuing judge shall send written notice of the order along with
a certified copy of the order to any school, daycare, college,
or university at which the petitioner is enrolled.

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Section 120. Modification; reopening of orders.
(a) Except as otherwise provided in this Section, upon
motion by the petitioner, the court may modify an emergency or
plenary stalking no contact order by altering the remedy,
subject to Section 80.
(b) After 30 days following entry of a plenary stalking no
contact order, a court may modify that order only when a change
in the applicable law or facts since that plenary order was
entered warrants a modification of its terms.
(c) Upon 2 days' notice to the petitioner, or such shorter
notice as the court may prescribe, a respondent subject to an
emergency stalking no contact order issued under this Act may
appear and petition the court to rehear the original or amended
petition. Any petition to rehear shall be verified and shall
allege the following:
(1) that the respondent did not receive prior notice of
the initial hearing in which the emergency order was
entered under Sections 65 and 95; and
(2) that the respondent had a meritorious defense to
the order or any of its remedies or that the order or any
of its remedies was not authorized by this Act.
Section 125. Violation. An initial knowing violation of a
stalking no contact order is a Class A misdemeanor. A second or
subsequent knowing violation is a Class 4 felony.

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Section 130. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing a violation of a stalking
no contact order.
(b) The law enforcement officer may verify the existence of
a stalking no contact order by telephone or radio communication
with his or her law enforcement agency or by referring to the
copy of the order provided by the petitioner or the respondent.
Section 135. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Department of State
Police, on the same day as received, in the form and detail the
Department requires, copies of any recorded emergency or
plenary stalking no contact orders issued by the court and
transmitted to the sheriff by the clerk of the court in
accordance with subsection (b) of Section 115 of this Act. Each
stalking no contact order shall be entered in the Law
Enforcement Agencies Data System on the same day it is issued
by the court. If an emergency stalking no contact order was
issued in accordance with subsection (c) of Section 100, the
order shall be entered in the Law Enforcement Agencies Data
System as soon as possible after receipt from the clerk of the
court.
(b) The Department of State Police shall maintain a

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complete and systematic record and index of all valid and
recorded stalking no contact orders issued under this Act. The
data shall be used to inform all dispatchers and law
enforcement officers at the scene of an alleged incident of
stalking or violation of a stalking no contact order of any
recorded prior incident of stalking involving the petitioner
and the effective dates and terms of any recorded stalking no
contact order.