Bill Text: IL HB2542 | 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. Changes the elements of the offenses of stalking and cyberstalking. Provides that 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. Provides that if the conduct is committed using electronic communication, the offense is cyberstalking. Provides that a person also commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, violates a stalking no contact order or a civil no contact order. Retains the same penalties for the offenses.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0686 [HB2542 Detail]
Download: Illinois-2009-HB2542-Introduced.html
Bill Title: Amends the Criminal Code of 1961. Changes the elements of the offenses of stalking and cyberstalking. Provides that 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. Provides that if the conduct is committed using electronic communication, the offense is cyberstalking. Provides that a person also commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, violates a stalking no contact order or a civil no contact order. Retains the same penalties for the offenses.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0686 [HB2542 Detail]
Download: Illinois-2009-HB2542-Introduced.html
|
|||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 12-7.3, 12-7.4, and 12-7.5 as follows:
| ||||||||||||||||||||||||||||
6 | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
| ||||||||||||||||||||||||||||
7 | Sec. 12-7.3. Stalking.
| ||||||||||||||||||||||||||||
8 | (a) A person commits stalking when he or she , knowingly | ||||||||||||||||||||||||||||
9 | engages in a course of conduct directed at a specific person, | ||||||||||||||||||||||||||||
10 | and he or she knows or should know that this course of conduct | ||||||||||||||||||||||||||||
11 | would cause a reasonable person to: | ||||||||||||||||||||||||||||
12 | (1) fear for his or her safety or the safety of a third | ||||||||||||||||||||||||||||
13 | person; or | ||||||||||||||||||||||||||||
14 | (2) suffer other emotional distress. and without
| ||||||||||||||||||||||||||||
15 | lawful justification, on at least 2 separate occasions | ||||||||||||||||||||||||||||
16 | follows
another person
or places the person under | ||||||||||||||||||||||||||||
17 | surveillance or any combination thereof and:
| ||||||||||||||||||||||||||||
18 | (1) at any time transmits a threat of immediate or | ||||||||||||||||||||||||||||
19 | future bodily harm, sexual
assault, confinement or | ||||||||||||||||||||||||||||
20 | restraint and the threat is directed towards that
person or | ||||||||||||||||||||||||||||
21 | a family member of that
person; or
| ||||||||||||||||||||||||||||
22 | (2) places that person in reasonable apprehension of | ||||||||||||||||||||||||||||
23 | immediate or future
bodily harm, sexual assault, |
| |||||||
| |||||||
1 | confinement or restraint; or
| ||||||
2 | (3) places that person in reasonable apprehension that | ||||||
3 | a family member
will receive immediate or future bodily | ||||||
4 | harm, sexual assault, confinement, or
restraint.
| ||||||
5 | (a-5) A person commits stalking when he or she has | ||||||
6 | previously been
convicted of stalking another person and | ||||||
7 | knowingly and without lawful
justification on one occasion:
| ||||||
8 | (1) follows that same person or places that same person | ||||||
9 | under
surveillance; and
| ||||||
10 | (2) transmits a threat of immediate or future bodily | ||||||
11 | harm, sexual
assault, confinement or restraint; and
| ||||||
12 | (3) the threat is directed towards that person or a | ||||||
13 | family member of
that person.
| ||||||
14 | (b) Sentence.
Stalking is a Class 4 felony. A second or | ||||||
15 | subsequent
conviction for stalking is a Class 3 felony.
| ||||||
16 | (c) Definitions. For purposes of this Section: | ||||||
17 | (1) "Course of conduct" means 2 or more acts, including | ||||||
18 | but not limited to acts in which a defendant directly, | ||||||
19 | indirectly, or through third parties, by any action, | ||||||
20 | method, device, or means follows, monitors, observes, | ||||||
21 | surveils, threatens, or communicates to or about, a person, | ||||||
22 | engages in other non-consensual contact, or interferes | ||||||
23 | with or damages a person's property or pet. A course of | ||||||
24 | conduct may include contact via electronic communications. | ||||||
25 | The incarceration in a penal institution of a person who | ||||||
26 | commits the course of conduct is not a bar to prosecution |
| |||||||
| |||||||
1 | under this Section. | ||||||
2 | (2) "Emotional distress" means significant mental | ||||||
3 | suffering, anxiety or alarm. | ||||||
4 | (3) "Reasonable person" means a person in the victim's | ||||||
5 | situation. | ||||||
6 | (4) "Non-consensual contact" means any contact with | ||||||
7 | the victim that is initiated or continued without the | ||||||
8 | victim's consent, including but not limited to being in the | ||||||
9 | physical presence of the victim; appearing within the sight | ||||||
10 | of the victim; approaching or confronting the victim in a | ||||||
11 | public place or on private property; appearing at the | ||||||
12 | workplace or residence of the victim; entering onto or | ||||||
13 | remaining on property owned, leased, or occupied by the | ||||||
14 | victim; or placing an object on, or delivering an object | ||||||
15 | to, property owned, leased, or occupied by the victim. | ||||||
16 | (5) "Electronic communication" means any transfer of | ||||||
17 | signs, signals, writings, sounds, data, or intelligence of | ||||||
18 | any nature transmitted in whole or in part by a wire, | ||||||
19 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
20 | system. "Electronic communication" includes transmissions | ||||||
21 | by a computer through the Internet to another computer. | ||||||
22 | (d) Exemptions. | ||||||
23 | (1) This Section does not apply to picketing occurring | ||||||
24 | at the workplace that is otherwise lawful and arises out of | ||||||
25 | a bona fide labor dispute, including any controversy | ||||||
26 | concerning wages, salaries, hours, working conditions or |
| |||||||
| |||||||
1 | benefits, including health and welfare, sick leave, | ||||||
2 | insurance, and pension or retirement provisions, the | ||||||
3 | making or maintaining of collective bargaining agreements, | ||||||
4 | and the terms to be included in those agreements. | ||||||
5 | (2) This Section does not apply to an exercise of the | ||||||
6 | right to free speech or assembly that is otherwise lawful. | ||||||
7 | (b-5) The incarceration of a person in a penal institution | ||||||
8 | who transmits a
threat is not a bar to prosecution under this | ||||||
9 | Section.
| ||||||
10 | (c) Exemption. This Section does not apply to picketing | ||||||
11 | occurring at
the workplace that is otherwise lawful and arises | ||||||
12 | out of a bona fide labor
dispute, or any exercise of the right | ||||||
13 | of free speech or assembly that is
otherwise lawful.
| ||||||
14 | (d) For the purpose of this Section, a defendant "places a | ||||||
15 | person under
surveillance" by: (1) remaining present outside | ||||||
16 | the person's school, place of
employment, vehicle, other place | ||||||
17 | occupied by the person, or residence other
than the residence | ||||||
18 | of the defendant; or (2) placing an electronic tracking device | ||||||
19 | on the person or the person's property.
| ||||||
20 | (e) For the purpose of this Section,
"follows another | ||||||
21 | person" means (i) to
move in relative proximity to a person as | ||||||
22 | that person moves from place to place
or (ii) to remain in | ||||||
23 | relative proximity to a person who is stationary or whose
| ||||||
24 | movements are confined to a small area.
"Follows another | ||||||
25 | person" does not
include a following within the residence of | ||||||
26 | the defendant.
|
| |||||||
| |||||||
1 | (f) For the purposes of this Section and Section 12-7.4, | ||||||
2 | "bona fide labor
dispute" means any controversy concerning | ||||||
3 | wages, salaries, hours, working
conditions, or benefits, | ||||||
4 | including health and welfare, sick leave, insurance,
and
| ||||||
5 | pension or retirement provisions, the making or maintaining of | ||||||
6 | collective
bargaining agreements, and the terms to be included | ||||||
7 | in those agreements.
| ||||||
8 | (g) For the purposes of this Section, "transmits a threat" | ||||||
9 | means a verbal
or
written threat or a threat implied by a | ||||||
10 | pattern of conduct or a combination of
verbal or written | ||||||
11 | statements or conduct.
| ||||||
12 | (h) For the purposes of this Section, "family member" means | ||||||
13 | a parent,
grandparent, brother, sister, or child, whether by | ||||||
14 | whole blood, half-blood, or
adoption and includes a | ||||||
15 | step-grandparent, step-parent, step-brother,
step-sister or | ||||||
16 | step-child. "Family member" also means any other person who
| ||||||
17 | regularly resides in the household, or who, within the prior 6 | ||||||
18 | months,
regularly resided in the household.
| ||||||
19 | (Source: P.A. 95-33, eff. 1-1-08.)
| ||||||
20 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
| ||||||
21 | Sec. 12-7.4. Aggravated stalking.
| ||||||
22 | (a) A person commits
aggravated stalking when he or she, in | ||||||
23 | conjunction with committing the
offense of stalking,
also does | ||||||
24 | any of the following:
| ||||||
25 | (1) causes bodily harm to the victim;
|
| |||||||
| |||||||
1 | (2) confines or restrains the victim; or
| ||||||
2 | (3) violates a temporary
restraining order, an order of | ||||||
3 | protection, a stalking no contact order, a civil no contact | ||||||
4 | order, or an injunction
prohibiting the behavior described | ||||||
5 | in
subsection (b)(1) of Section 214 of the Illinois | ||||||
6 | Domestic Violence Act of 1986.
| ||||||
7 | (b) Sentence. Aggravated stalking is a Class 3 felony. A | ||||||
8 | second or
subsequent conviction for aggravated stalking is a | ||||||
9 | Class 2
felony.
| ||||||
10 | (c) Exemption. This Section does not apply to picketing | ||||||
11 | occurring at the
workplace that is otherwise lawful and arises | ||||||
12 | out of a bona fide labor
dispute, or any exercise of the right | ||||||
13 | of free speech or assembly that is
otherwise lawful.
| ||||||
14 | (d) For purposes of this Section, "bona fide labor dispute" | ||||||
15 | has the
meaning ascribed to it in Section 12-7.3.
| ||||||
16 | (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff. | ||||||
17 | 8-18-95.)
| ||||||
18 | (720 ILCS 5/12-7.5)
| ||||||
19 | Sec. 12-7.5. Cyberstalking.
| ||||||
20 | (a) A person commits cyberstalking when he or she engages | ||||||
21 | in a course of conduct using electronic communication directed | ||||||
22 | at a specific person, and he or she knows or should know that | ||||||
23 | would cause a reasonable person to: | ||||||
24 | (1) fear for his or her safety or the safety of a third | ||||||
25 | person; or |
| |||||||
| |||||||
1 | (2) suffer other emotional distress. | ||||||
2 | , knowingly and without
lawful justification, on at least 2 | ||||||
3 | separate occasions, harasses another person
through the use of | ||||||
4 | electronic communication and:
| ||||||
5 | (1) at any time transmits a threat of immediate or | ||||||
6 | future bodily harm,
sexual assault, confinement, or | ||||||
7 | restraint and the threat is directed towards
that person or | ||||||
8 | a family member of that person, or
| ||||||
9 | (2) places that person or a family member of that | ||||||
10 | person in reasonable
apprehension of immediate or future | ||||||
11 | bodily harm, sexual assault, confinement,
or restraint; or
| ||||||
12 | (3) at any time knowingly solicits the commission of an | ||||||
13 | act by any person which would be a violation of this Code | ||||||
14 | directed towards that person or a family member of that | ||||||
15 | person. | ||||||
16 | (a-5) A person commits cyberstalking when he or she, | ||||||
17 | knowingly and without lawful justification, creates and | ||||||
18 | maintains an Internet website or webpage which is accessible to | ||||||
19 | one or more third parties for a period of at least 24 hours, | ||||||
20 | and which contains statements harassing another person and: | ||||||
21 | (1) which communicates a threat of immediate or future | ||||||
22 | bodily harm, sexual assault, confinement, or restraint, | ||||||
23 | where the threat is directed towards that person or a | ||||||
24 | family member of that person, or | ||||||
25 | (2) which places that person or a family member of that | ||||||
26 | person in reasonable apprehension of immediate or future |
| |||||||
| |||||||
1 | bodily harm, sexual assault, confinement, or restraint, or | ||||||
2 | (3) which knowingly solicits the commission of an act | ||||||
3 | by any person which would be a violation of this Code | ||||||
4 | directed towards that person or a family member of that | ||||||
5 | person. | ||||||
6 | (b) As used in this Section:
| ||||||
7 | "Harass"
means to engage in a knowing and willful course of | ||||||
8 | conduct directed at a
specific person
that alarms, torments, or | ||||||
9 | terrorizes that person.
| ||||||
10 | "Third party" means any person other than the person | ||||||
11 | violating these provisions and the person or persons towards | ||||||
12 | whom the violator's actions are directed. | ||||||
13 | "Electronic communication" means any
transfer of signs, | ||||||
14 | signals, writings, sounds, data, or intelligence of any
nature | ||||||
15 | transmitted in whole or in part by a wire, radio, | ||||||
16 | electronmagnetic,
photoelectric, or photo-optical system. | ||||||
17 | "Electronic communication" includes
transmissions by a
| ||||||
18 | computer through the Internet to another computer.
| ||||||
19 | (b) (c) Sentence. Cyberstalking is a Class 4 felony. A | ||||||
20 | second or subsequent
conviction for cyberstalking is a Class 3 | ||||||
21 | felony.
| ||||||
22 | (c) For purposes of this Section: | ||||||
23 | (1) "Course of conduct" means 2 or more acts, including | ||||||
24 | but not limited to acts in which a defendant directly, | ||||||
25 | indirectly, or through third parties, by any action, | ||||||
26 | method, device, or means follows, monitors, observes, |
| |||||||
| |||||||
1 | surveils, threatens, or communicates to or about, a person, | ||||||
2 | engages in other non-consensual contact, or interferes | ||||||
3 | with or damages a person's property or pet. The | ||||||
4 | incarceration in a penal institution of a person who | ||||||
5 | commits the course of conduct is not a bar to prosecution | ||||||
6 | under this Section. | ||||||
7 | (2) "Emotional distress" means significant mental | ||||||
8 | suffering, anxiety or alarm. | ||||||
9 | (3) "Reasonable person" means a person in the victim's | ||||||
10 | circumstances, with the victim's knowledge of the | ||||||
11 | defendant and the defendant's prior acts. | ||||||
12 | (4) "Non-consensual contact" means any contact with | ||||||
13 | the victim that is initiated or continued without the | ||||||
14 | victim's consent, including but not limited to being in the | ||||||
15 | physical presence of the victim; appearing within the sight | ||||||
16 | of the victim; approaching or confronting the victim in a | ||||||
17 | public place or on private property; appearing at the | ||||||
18 | workplace or residence of the victim; entering onto or | ||||||
19 | remaining on property owned, leased, or occupied by the | ||||||
20 | victim; or placing an object on, or delivering an object | ||||||
21 | to, property owned, leased, or occupied by the victim. | ||||||
22 | (5) "Electronic communication" means any transfer of | ||||||
23 | signs, signals, writings, sounds, data, or intelligence of | ||||||
24 | any nature transmitted in whole or in part by a wire, | ||||||
25 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
26 | system. "Electronic communication" includes transmissions |
| |||||||
| |||||||
1 | by a computer through the Internet to another computer. | ||||||
2 | (d) Telecommunications carriers, commercial mobile service | ||||||
3 | providers, and providers of information services, including, | ||||||
4 | but not limited to, Internet service providers and hosting | ||||||
5 | service providers, are not liable under this Section, except | ||||||
6 | for willful and wanton misconduct, by virtue of the | ||||||
7 | transmission, storage, or caching of electronic communications | ||||||
8 | or messages of others or by virtue of the provision of other | ||||||
9 | related telecommunications, commercial mobile services, or | ||||||
10 | information services used by others in violation of this | ||||||
11 | Section. | ||||||
12 | (Source: P.A. 95-849, eff. 1-1-09; revised 9-10-08.)
|