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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0693
Introduced 2/6/2009, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-7.7 new |
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720 ILCS 5/12-7.8 new |
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720 ILCS 5/12-30.5 new |
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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.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| AN ACT in relation to stalking.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding |
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| Sections 12-7.7,
12-7.8, and 12-30.5 as follows:
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| (720 ILCS 5/12-7.7 new)
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| Sec. 12-7.7. Action for issuance or violation of stalking |
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| protective
order.
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| (a) A person may bring a civil action in a circuit court |
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| for a court's
stalking protective order
against a person if:
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| (1) the person intentionally, knowingly, or recklessly |
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| engages in repeated
and
unwanted contact with the other |
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| person or a member of that person's
immediate family or |
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| household thereby alarming or coercing
the other person;
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| (2) it is objectively reasonable for a person in the |
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| victim's situation to
have been alarmed
or coerced by the |
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| contact; and
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| (3) the repeated and unwanted contact causes the victim |
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| reasonable
apprehension regarding the personal safety of |
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| the victim or
a member of the victim's immediate family or |
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| household.
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| (b) At the time the petition is filed, the court, upon a |
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| finding of probable
cause based on the allegations in the
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| petition, shall enter a temporary court's stalking protective |
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| order that may
include, but is not limited to: (1) prohibiting
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| acts of stalking or aggravated stalking in violation of Section |
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| 12-7.3 or
12-7.4, (2) prohibiting such contacts by the
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| respondent with the allegedly stalked person or that person's |
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| family or
household members as the court deems
necessary to |
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| protect the safety of those persons; and (3) any other |
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| conditions
that the court deems necessary to prevent
further |
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| acts of stalking or aggravated stalking, communication, or |
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| other
contact of any kind by the respondent. The
petition and |
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| the temporary order shall be served upon the respondent with an
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| order requiring the respondent to
personally appear before the |
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| court to show cause why the temporary order should
not be |
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| continued for an indefinite
period.
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| (c) At the hearing, whether or not the respondent appears, |
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| the court may
continue the hearing for up to 30
days or may |
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| proceed to enter a court's stalking protective order. If the
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| respondent fails to appear after being served as
required by |
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| subsection (b) of this Section, the court may issue a warrant |
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| of
arrest in order to ensure the appearance of
the respondent |
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| in court.
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| (d) The court may award reasonable attorney's fees as |
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| follows:
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| (i) to the petitioner, if the petitioner is the |
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| prevailing party; or
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| (ii) to the respondent, if the respondent is the |
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| prevailing party and if
the
court determines that the |
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| petition is frivolous in nature.
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| (e) The court may enter an order under this Section against |
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| a minor
respondent without appointment of a
guardian ad litem.
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| (f) An action under this Section must be commenced within 2 |
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| years of the
conduct giving rise to the claim.
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| (g) Proof of the claim shall be by a preponderance of the |
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| evidence.
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| (h) The remedy provided by this Section is in addition to |
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| any other remedy,
civil or criminal, provided by
law for the |
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| conduct giving rise to the claim.
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| (i) No filing fee, service fee, or hearing fee shall be |
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| charged for a
proceeding under this Section if a court's
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| stalking order is the only relief sought.
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| (j) If the respondent was provided notice and an |
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| opportunity to be heard,
the
court shall also include in the
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| order, when appropriate, terms and findings sufficient under 18 |
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| U.S.C. 922
(d)(8) and (g)(8) to affect the respondent's
ability |
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| to possess firearms and ammunition or engage in activities |
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| involving
firearms.
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| (k) Section 12-7.8 applies to protective orders issued |
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| under this Section.
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| (720 ILCS 5/12-7.8 new)
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| Sec. 12-7.8. Service of order; entry of order into LEADS.
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| (a) Whenever a stalking protective order, as authorized by |
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| Section 12-7.7,
is
issued and the person to be
restrained has |
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| actual notice of the order, the person serving the order shall
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| deliver forthwith to the county sheriff a true
copy of the |
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| order and an affidavit of proof of service on which it is |
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| stated
that personal service of the order was made
on the |
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| respondent. If an order entered by the court recites that the |
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| respondent
appeared in person before the court, the
necessity |
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| for further service of the order is waived and accompanying |
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| proof of
service is not necessary. Upon receipt
of proof of |
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| service, when required, and a true copy of the order, the |
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| county
sheriff shall forthwith enter the order into
the Law |
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| Enforcement Agencies Data System (LEADS) maintained by the |
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| Department
of State Police and into the
databases of the |
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| National Crime Information Center of the United States |
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| Department of Justice. The sheriff shall also
provide the |
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| complainant with a true copy of the proof of service. Entry |
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| into
the Law Enforcement Agencies Data
System (LEADS) |
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| constitutes notice to all law enforcement agencies of the
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| existence of such order. Law enforcement
agencies shall |
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| establish procedures adequate to ensure that an officer at the
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| scene of an alleged violation of such order
may be informed of |
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| the existence and terms of the order. The order shall be
fully |
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| enforceable in any county in this
State. The complainant may |
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| elect to deliver documents personally to a county
sheriff or to |
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| have them delivered by a
private person for entry into the Law |
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| Enforcement Agencies Data System (LEADS)
and the databases of |
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| the National
Crime Information Center of the United States |
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| Department of Justice.
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| (b) When a stalking protective order has been entered into |
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| the Law
Enforcement Agencies Data System (LEADS) and the
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| databases of the National Crime Information Center of the |
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| United States
Department of Justice under subsection (a) of
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| this Section, a county sheriff shall cooperate with a request |
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| from a law
enforcement agency from any other jurisdiction
to |
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| verify the existence of the stalking protective order or to |
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| transmit a copy
of the order to the requesting jurisdiction.
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| (c) When a stalking protective order described in |
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| subsection (a) of this
Section is terminated by order of the
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| court, the clerk of the court shall deliver forthwith a true |
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| copy of the
termination order to the county sheriff with whom
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| the original order was filed. Upon receipt of the termination |
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| order, the county
sheriff shall promptly remove the
original |
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| order from the Law Enforcement Agencies Data System (LEADS) and |
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| the
databases of the
National Crime Information Center of
the |
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| United States Department of Justice.
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| (720 ILCS 5/12-30.5 new)
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| Sec. 12-30.5. Violating a court's stalking protective |
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| order.
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| (a) A person commits the offense of violating a court's |
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| stalking protective
order when:
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| (1) the person has been served with a court's stalking |
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HB0693 |
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LRB096 06021 RLC 16102 b |
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| protective order as
provided in Section 12-7.7 or if |
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| further service was waived under Section
12-7.8
because the |
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| person appeared before the court; and
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| (2) the person, subsequent to the service of the order, |
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| has engaged
intentionally, knowingly, or recklessly in |
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| conduct prohibited by the order.
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| (b) Sentence.
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| (1) Violating a court's stalking protective order is a |
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| Class A
misdemeanor.
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| (2) Violating a court's stalking protective order is a |
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| Class 4 felony if
the
person has a prior conviction
for:
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| (A) stalking or aggravated stalking; or
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| (B) violating a court's stalking protective order.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |