Bill Text: IL HB0693 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
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1 | AN ACT in relation to stalking.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||||||||||||||||||||||||
5 | Sections 12-7.7,
12-7.8, and 12-30.5 as follows:
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6 | (720 ILCS 5/12-7.7 new)
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7 | Sec. 12-7.7. Action for issuance or violation of stalking | ||||||||||||||||||||||||||||
8 | protective
order.
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9 | (a) A person may bring a civil action in a circuit court | ||||||||||||||||||||||||||||
10 | for a court's
stalking protective order
against a person if:
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11 | (1) the person intentionally, knowingly, or recklessly | ||||||||||||||||||||||||||||
12 | engages in repeated
and
unwanted contact with the other | ||||||||||||||||||||||||||||
13 | person or a member of that person's
immediate family or | ||||||||||||||||||||||||||||
14 | household thereby alarming or coercing
the other person;
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15 | (2) it is objectively reasonable for a person in the | ||||||||||||||||||||||||||||
16 | victim's situation to
have been alarmed
or coerced by the | ||||||||||||||||||||||||||||
17 | contact; and
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18 | (3) the repeated and unwanted contact causes the victim | ||||||||||||||||||||||||||||
19 | reasonable
apprehension regarding the personal safety of | ||||||||||||||||||||||||||||
20 | the victim or
a member of the victim's immediate family or | ||||||||||||||||||||||||||||
21 | household.
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22 | (b) At the time the petition is filed, the court, upon a | ||||||||||||||||||||||||||||
23 | finding of probable
cause based on the allegations in the
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1 | petition, shall enter a temporary court's stalking protective | ||||||
2 | order that may
include, but is not limited to: (1) prohibiting
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3 | acts of stalking or aggravated stalking in violation of Section | ||||||
4 | 12-7.3 or
12-7.4, (2) prohibiting such contacts by the
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5 | respondent with the allegedly stalked person or that person's | ||||||
6 | family or
household members as the court deems
necessary to | ||||||
7 | protect the safety of those persons; and (3) any other | ||||||
8 | conditions
that the court deems necessary to prevent
further | ||||||
9 | acts of stalking or aggravated stalking, communication, or | ||||||
10 | other
contact of any kind by the respondent. The
petition and | ||||||
11 | the temporary order shall be served upon the respondent with an
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12 | order requiring the respondent to
personally appear before the | ||||||
13 | court to show cause why the temporary order should
not be | ||||||
14 | continued for an indefinite
period.
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15 | (c) At the hearing, whether or not the respondent appears, | ||||||
16 | the court may
continue the hearing for up to 30
days or may | ||||||
17 | proceed to enter a court's stalking protective order. If the
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18 | respondent fails to appear after being served as
required by | ||||||
19 | subsection (b) of this Section, the court may issue a warrant | ||||||
20 | of
arrest in order to ensure the appearance of
the respondent | ||||||
21 | in court.
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22 | (d) The court may award reasonable attorney's fees as | ||||||
23 | follows:
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24 | (i) to the petitioner, if the petitioner is the | ||||||
25 | prevailing party; or
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26 | (ii) to the respondent, if the respondent is the |
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1 | prevailing party and if
the
court determines that the | ||||||
2 | petition is frivolous in nature.
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3 | (e) The court may enter an order under this Section against | ||||||
4 | a minor
respondent without appointment of a
guardian ad litem.
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5 | (f) An action under this Section must be commenced within 2 | ||||||
6 | years of the
conduct giving rise to the claim.
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7 | (g) Proof of the claim shall be by a preponderance of the | ||||||
8 | evidence.
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9 | (h) The remedy provided by this Section is in addition to | ||||||
10 | any other remedy,
civil or criminal, provided by
law for the | ||||||
11 | conduct giving rise to the claim.
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12 | (i) No filing fee, service fee, or hearing fee shall be | ||||||
13 | charged for a
proceeding under this Section if a court's
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14 | stalking order is the only relief sought.
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15 | (j) If the respondent was provided notice and an | ||||||
16 | opportunity to be heard,
the
court shall also include in the
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17 | order, when appropriate, terms and findings sufficient under 18 | ||||||
18 | U.S.C. 922
(d)(8) and (g)(8) to affect the respondent's
ability | ||||||
19 | to possess firearms and ammunition or engage in activities | ||||||
20 | involving
firearms.
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21 | (k) Section 12-7.8 applies to protective orders issued | ||||||
22 | under this Section.
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23 | (720 ILCS 5/12-7.8 new)
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24 | Sec. 12-7.8. Service of order; entry of order into LEADS.
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25 | (a) Whenever a stalking protective order, as authorized by |
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1 | Section 12-7.7,
is
issued and the person to be
restrained has | ||||||
2 | actual notice of the order, the person serving the order shall
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3 | deliver forthwith to the county sheriff a true
copy of the | ||||||
4 | order and an affidavit of proof of service on which it is | ||||||
5 | stated
that personal service of the order was made
on the | ||||||
6 | respondent. If an order entered by the court recites that the | ||||||
7 | respondent
appeared in person before the court, the
necessity | ||||||
8 | for further service of the order is waived and accompanying | ||||||
9 | proof of
service is not necessary. Upon receipt
of proof of | ||||||
10 | service, when required, and a true copy of the order, the | ||||||
11 | county
sheriff shall forthwith enter the order into
the Law | ||||||
12 | Enforcement Agencies Data System (LEADS) maintained by the | ||||||
13 | Department
of State Police and into the
databases of the | ||||||
14 | National Crime Information Center of the United States | ||||||
15 | Department of Justice. The sheriff shall also
provide the | ||||||
16 | complainant with a true copy of the proof of service. Entry | ||||||
17 | into
the Law Enforcement Agencies Data
System (LEADS) | ||||||
18 | constitutes notice to all law enforcement agencies of the
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19 | existence of such order. Law enforcement
agencies shall | ||||||
20 | establish procedures adequate to ensure that an officer at the
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21 | scene of an alleged violation of such order
may be informed of | ||||||
22 | the existence and terms of the order. The order shall be
fully | ||||||
23 | enforceable in any county in this
State. The complainant may | ||||||
24 | elect to deliver documents personally to a county
sheriff or to | ||||||
25 | have them delivered by a
private person for entry into the Law | ||||||
26 | Enforcement Agencies Data System (LEADS)
and the databases of |
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1 | the National
Crime Information Center of the United States | ||||||
2 | Department of Justice.
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3 | (b) When a stalking protective order has been entered into | ||||||
4 | the Law
Enforcement Agencies Data System (LEADS) and the
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5 | databases of the National Crime Information Center of the | ||||||
6 | United States
Department of Justice under subsection (a) of
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7 | this Section, a county sheriff shall cooperate with a request | ||||||
8 | from a law
enforcement agency from any other jurisdiction
to | ||||||
9 | verify the existence of the stalking protective order or to | ||||||
10 | transmit a copy
of the order to the requesting jurisdiction.
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11 | (c) When a stalking protective order described in | ||||||
12 | subsection (a) of this
Section is terminated by order of the
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13 | court, the clerk of the court shall deliver forthwith a true | ||||||
14 | copy of the
termination order to the county sheriff with whom
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15 | the original order was filed. Upon receipt of the termination | ||||||
16 | order, the county
sheriff shall promptly remove the
original | ||||||
17 | order from the Law Enforcement Agencies Data System (LEADS) and | ||||||
18 | the
databases of the
National Crime Information Center of
the | ||||||
19 | United States Department of Justice.
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20 | (720 ILCS 5/12-30.5 new)
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21 | Sec. 12-30.5. Violating a court's stalking protective | ||||||
22 | order.
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23 | (a) A person commits the offense of violating a court's | ||||||
24 | stalking protective
order when:
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25 | (1) the person has been served with a court's stalking |
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1 | protective order as
provided in Section 12-7.7 or if | ||||||
2 | further service was waived under Section
12-7.8
because the | ||||||
3 | person appeared before the court; and
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4 | (2) the person, subsequent to the service of the order, | ||||||
5 | has engaged
intentionally, knowingly, or recklessly in | ||||||
6 | conduct prohibited by the order.
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7 | (b) Sentence.
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8 | (1) Violating a court's stalking protective order is a | ||||||
9 | Class A
misdemeanor.
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10 | (2) Violating a court's stalking protective order is a | ||||||
11 | Class 4 felony if
the
person has a prior conviction
for:
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12 | (A) stalking or aggravated stalking; or
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13 | (B) violating a court's stalking protective order.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 |