Bill Text: IL SB2683 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Stalking No Contact Order Act. Defines a course of conduct to include using any electronic tracking system or acquiring tracking information to determine a targeted person's location, moment, or travel patterns. Requires an order under this Act to prohibit this course of conduct.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0760 [SB2683 Detail]

Download: Illinois-2023-SB2683-Chaptered.html

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Public Act 103-0760
SB2683 Enrolled LRB103 36494 LNS 66600 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Stalking No Contact Order Act is amended by
changing Sections 10 and 80 as follows:
(740 ILCS 21/10)
Sec. 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, or
threatens a person, workplace, school, or place of worship,
engages in other contact, or interferes with or damages a
person's property or pet. A course of conduct may include
using any electronic tracking system or acquiring tracking
information to determine the targeted person's location,
movement, or travel patterns. A course of conduct may also
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; placing an object on, or delivering an object to,
property owned, leased, or occupied by the victim; electronic
communication as defined in Section 26.5-0.1 of the Criminal
Code of 2012; and appearing at the prohibited workplace,
school, or place of worship.
"Petitioner" means any named petitioner for the stalking
no contact order or any named victim of stalking on whose
behalf the petition is brought. "Petitioner" includes an
authorized agent of a place of employment, an authorized agent
of a place of worship, or an authorized agent of a school.
"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, the safety of a workplace, school, or

place of worship, 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.
(Source: P.A. 102-220, eff. 1-1-22.)