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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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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.

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"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

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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.)
(740 ILCS 21/80)
Sec. 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

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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
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) prohibit the respondent from using any electronic
tracking system or acquiring tracking information to
determine the petitioner's location, movement, or travel
pattern; and
(6) (5) order other injunctive relief the court

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determines to be necessary to protect the petitioner or
third party specifically named by the court.
(b-5) When the petitioner and the respondent attend the
same public, private, or non-public elementary, middle, or
high school, the court when issuing a stalking no contact
order and providing relief shall consider the severity of the
act, any continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another
school, a change of placement or a change of program of the
respondent, the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of
the case. The court may order that the respondent not attend
the public, private, or non-public elementary, middle, or high
school attended by the petitioner, order that the respondent
accept a change of placement or program, as determined by the
school district or private or non-public school, or place
restrictions on the respondent's movements within the school
attended by the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a transfer,
change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty, and
educational disruption that would be caused by a transfer of

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the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(b-6) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the

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