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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 1. Short title. This Act may be cited as the |
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| Stalking No Contact Order Act. |
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| Section 5. Purpose. Stalking generally refers to a course |
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| of conduct, not a single act. Stalking behavior includes |
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| following a person, conducting surveillance of the person, |
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| appearing at the person's home, work or school, making unwanted |
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| phone calls, sending unwanted emails or text messages, leaving |
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| objects for the person, vandalizing the person's property, or |
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| injuring a pet. Stalking is a serious crime. Victims experience |
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| fear for their safety, fear for the safety of others and suffer |
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| emotional distress. Many victims alter their daily routines to |
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| avoid the persons who are stalking them. Some victims are in |
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| such fear that they relocate to another city, town or state. |
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| While estimates suggest that 70% of victims know the |
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| individuals stalking them, only 30% of victims have dated or |
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| been in intimate relationships with their stalkers. All |
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| stalking victims should be able to seek a civil remedy |
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| requiring the offenders stay away from the victims and third |
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| parties. |
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LRB096 06021 RLC 16102 b |
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| Section 10. Definitions. For the purposes of this Act: |
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| "Course of conduct" means 2 or more acts, including but not |
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| limited to acts in which a respondent directly, indirectly, or |
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| through third parties, by any action, method, device, or means |
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| follows, monitors, observes, surveils, threatens, or |
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| communicates to or about, a person, engages in other contact, |
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| or interferes with or damages a person's property or pet. A |
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| course of conduct may include contact via electronic |
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| communications. The incarceration of a person in a penal |
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| institution who commits the course of conduct is not a bar to |
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| prosecution under this Section. |
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| "Emotional distress" means significant mental suffering, |
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| anxiety or alarm. |
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| "Contact" includes any contact with the victim, that is |
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| initiated or continued without the victim's consent, or that is |
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| in disregard of the victim's expressed desire that the contact |
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| be avoided or discontinued, including but not limited to being |
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| in the physical presence of the victim; appearing within the |
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| sight of the victim; approaching or confronting the victim in a |
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| public place or on private property; appearing at the workplace |
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| or residence of the victim; entering onto or remaining on |
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| property owned, leased, or occupied by the victim; or placing |
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| an object on, or delivering an object to, property owned, |
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| leased, or occupied by the victim. |
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| "Petitioner" means any named petitioner for the stalking no |
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| contact order or any named victim of stalking on whose behalf |
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LRB096 06021 RLC 16102 b |
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| the petition is brought. |
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| "Reasonable person" means a person in the petitioner's |
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| circumstances with the petitioner's knowledge of the |
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| respondent and the respondent's prior acts. |
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| "Stalking" means engaging in a course of conduct directed |
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| at a specific person, and he or she knows or should know that |
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| this course of conduct would cause a reasonable person to fear |
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| for his or her safety or the safety of a third person or suffer |
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| emotional distress. Stalking does not include an exercise of |
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| the right to free speech or assembly that is otherwise lawful |
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| or picketing occurring at the workplace that is otherwise |
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| lawful and arises out of a bona fide labor dispute, including |
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| any controversy concerning wages, salaries, hours, working |
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| conditions or benefits, including health and welfare, sick |
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| leave, insurance, and pension or retirement provisions, the |
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| making or maintaining of collective bargaining agreements, and |
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| the terms to be included in those agreements. |
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| "Stalking No Contact Order" means an emergency order or |
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| plenary order granted under this Act, which includes a remedy |
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| authorized by Section 80 of this Act. |
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| Section 15. Persons protected by this Act. A petition for a |
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| stalking no contact order may be filed when relief is not |
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| available to the petitioner under the Illinois Domestic |
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| Violence Act of 1986: |
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| (1) by any person who is a victim of stalking; or |
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LRB096 06021 RLC 16102 b |
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| (2) by a person on behalf of a minor child or an adult |
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| who is a victim of stalking but, because of age, |
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| disability, health, or inaccessibility, cannot file the |
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| petition. |
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| Section 20. Commencement of action; filing fees. |
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| (a) An action for a stalking no contact order is commenced: |
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| (1) independently, by filing a petition for a stalking |
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| no contact order in any civil court, unless specific courts |
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| are designated by local rule or order; or |
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| (2) in conjunction with a delinquency petition or a |
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| criminal prosecution, by filing a petition for a stalking |
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| no contact order under the same case number as the |
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| delinquency petition or criminal prosecution, to be |
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| granted during pre-trial release of a defendant, with any |
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| dispositional order issued under Section 5-710 of the |
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| Juvenile Court Act of 1987 or as a condition of release, |
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| supervision, conditional discharge, probation, periodic |
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| imprisonment, parole, or mandatory supervised release, or |
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| in conjunction with imprisonment or a bond forfeiture |
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| warrant, provided that (i) the violation is alleged in an |
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| information, complaint, indictment, or delinquency |
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| petition on file and the alleged victim is a person |
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| protected by this Act, and (ii) the petition, which is |
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| filed by the State's Attorney, names a victim of the |
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| alleged crime as a petitioner. |
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LRB096 06021 RLC 16102 b |
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| (b) Withdrawal or dismissal of any petition for a stalking |
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| no contact order prior to adjudication where the petitioner is |
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| represented by the State shall operate as a dismissal without |
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| prejudice. No action for a stalking no contact order shall be |
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| dismissed because the respondent is being prosecuted for a |
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| crime against the petitioner. For any action commenced under |
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| item (2) of subsection (a) of this Section, dismissal of the |
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| conjoined case (or a finding of not guilty) shall not require |
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| dismissal of the action for a stalking no contact order; |
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| instead, it may be treated as an independent action and, if |
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| necessary and appropriate, transferred to a different court or |
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| division. |
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| (c) No fee shall be charged by the clerk of the court for |
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| filing petitions or modifying or certifying orders. No fee |
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| shall be charged by the sheriff for service by the sheriff of a |
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| petition, rule, motion, or order in an action commenced under |
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| this Section. |
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| (d) The court shall provide, through the office of the |
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| clerk of the court, simplified forms for filing of a petition |
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| under this Section by any person not represented by counsel. |
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| Section 25. Pleading; non-disclosure of address. |
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| (a) A petition for a stalking no contact order shall be in |
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| writing and verified or accompanied by affidavit and shall |
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| allege that the petitioner has been the victim of stalking by |
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| the respondent. |
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LRB096 06021 RLC 16102 b |
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| (b) If the petition states that disclosure of the |
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| petitioner's address would risk abuse of the petitioner or any |
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| member of the petitioner's family or household, that address |
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| may be omitted from all documents filed with the court. If the |
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| petitioner has not disclosed an address under this subsection, |
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| the petitioner shall designate an alternative address at which |
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| the respondent may serve notice of any motions. |
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| Section 30. Application of rules of civil procedure; victim |
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| advocates. |
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| (a) Any proceeding to obtain, modify, reopen or appeal a |
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| stalking no contact order shall be governed by the rules of |
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| civil procedure of this State. The standard of proof in such a |
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| proceeding is proof by a preponderance of the evidence. The |
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| Code of Civil Procedure and Supreme Court and local court rules |
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| applicable to civil proceedings shall apply, except as |
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| otherwise provided by this Act. |
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| (b) In circuit courts, victim advocates shall be allowed to |
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| accompany the petitioner and confer with the petitioner, unless |
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| otherwise directed by the court. Court administrators shall |
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| allow victim advocates to assist victims of stalking in the |
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| preparation of petitions for stalking no contact orders. Victim |
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| advocates are not engaged in the unauthorized practice of law |
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| when providing assistance of the types specified in this |
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| subsection (b). |
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LRB096 06021 RLC 16102 b |
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| Section 35. Appointment of counsel. The court may appoint |
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| counsel to represent the petitioner if the respondent is |
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| represented by counsel. |
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| Section 40. Trial by jury. There shall be no right to trial |
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| by jury in any proceeding to obtain, modify, vacate or extend |
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| any stalking no contact order under this Act. However, nothing |
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| in this Section shall deny any existing right to trial by jury |
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| in a criminal proceeding. |
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| Section 45. Subject matter jurisdiction. Each of the |
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| circuit courts has the power to issue stalking no contact |
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| orders. |
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| Section 50. Jurisdiction over persons. The courts of this |
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| State have jurisdiction to bind (1) State residents and (2) |
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| non-residents having minimum contacts with this State, to the |
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| extent permitted by the long-arm statute, Section 2-209 of the |
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| Code of Civil Procedure. |
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| Section 55. Venue. A petition for a stalking no contact |
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| order may be filed in any county where (1) the petitioner |
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| resides, (2) the respondent resides, or (3) one or more acts of |
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| the alleged stalking occurred. |
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| Section 60. Process. |
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LRB096 06021 RLC 16102 b |
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| (a) Any action for a stalking no contact order requires |
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| that a separate summons be issued and served. The summons shall |
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| be in the form prescribed by Supreme Court Rule 101(d), except |
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| that it shall require the respondent to answer or appear within |
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| 7 days. Attachments to the summons or notice shall include the |
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| petition for stalking no contact order and supporting |
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| affidavits, if any, and any emergency stalking no contact order |
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| that has been issued. |
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| (b) The summons shall be served by the sheriff or other law |
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| enforcement officer at the earliest time and shall take |
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| precedence over other summonses except those of a similar |
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| emergency nature. Special process servers may be appointed at |
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| any time, and their designation shall not affect the |
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| responsibilities and authority of the sheriff or other official |
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| process servers. |
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| (c) Service of process on a member of the respondent's |
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| household or by publication shall be adequate if: (1) the |
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| petitioner has made all reasonable efforts to accomplish actual |
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| service of process personally upon the respondent, but the |
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| respondent cannot be found to effect such service; and (2) the |
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| petitioner files an affidavit or presents sworn testimony as to |
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| those efforts. |
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| (d) A plenary stalking no contact order may be entered by |
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| default for the remedy sought in the petition, if the |
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| respondent has been served or given notice in accordance with |
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| subsection (a) and if the respondent then fails to appear as |
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LRB096 06021 RLC 16102 b |
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| directed or fails to appear on any subsequent appearance or |
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| hearing date agreed to by the parties or set by the court. |
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| Section 65. Service of notice of hearings. Except as |
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| provided in Section 60, notice of hearings on petitions or |
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| motions shall be served in accordance with Supreme Court Rules |
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| 11 and 12, unless notice is excused by Section 100 of this Act |
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| or by the Code of Civil Procedure, Supreme Court Rules, or |
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| local rules. |
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| Section 70. Hearings. A petition for a stalking no contact |
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| order shall be treated as an expedited proceeding, and no court |
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| may transfer or otherwise decline to decide all or part of such |
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| petition. Nothing in this Section shall prevent the court from |
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| reserving issues if jurisdiction or notice requirements are not |
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| met. |
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| Section 75. Continuances. |
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| (a) Petitions for emergency remedies shall be granted or |
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| denied in accordance with the standards of Section 100, |
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| regardless of the respondent's appearance or presence in court. |
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| (b) Any action for a stalking no contact order is an |
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| expedited proceeding. Continuances shall be granted only for |
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| good cause shown and kept to the minimum reasonable duration, |
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| taking into account the reasons for the continuance. |
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LRB096 06021 RLC 16102 b |
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| Section 80. Stalking no contact orders; remedies. |
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| (a) If the court finds that the petitioner has been a |
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| victim of stalking, a stalking no contact order shall issue; |
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| provided that the petitioner must also satisfy the requirements |
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| of Section 95 on emergency orders or Section 100 on plenary |
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| orders. The petitioner shall not be denied a stalking no |
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| contact order because the petitioner or the respondent is a |
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| minor. The court, when determining whether or not to issue a |
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| stalking no contact order, may not require physical injury on |
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| the person of the petitioner. Modification and extension of |
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| prior stalking no contact orders shall be in accordance with |
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| this Act. |
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| (b) A stalking no contact order shall order one or more of |
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| the following: |
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| (1) prohibit the respondent from threatening to commit |
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| or committing stalking; |
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| (2) order the respondent not to have any contact with |
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| the petitioner or a third person specifically named by the |
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| court; |
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| (3) prohibit the respondent from knowingly coming |
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| within, or knowingly remaining within a specified distance |
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| of the petitioner or the petitioner's residence, school, |
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| daycare, or place of employment, or any specified place |
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| frequented by the petitioner; however, the court may order |
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| the respondent to stay away from the respondent's own |
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| residence, school, or place of employment only if the |
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LRB096 06021 RLC 16102 b |
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| respondent has been provided actual notice of the |
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| opportunity to appear and be heard on the petition; |
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| (4) prohibit the respondent from possessing a Firearm |
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| Owners Identification Card, or possessing or buying |
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| firearms; and |
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| (5) order other injunctive relief the court determines |
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| to be necessary to protect the petitioner or third party |
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| specifically named by the court. |
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| (c) The court may award the petitioner costs and attorneys |
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| fees if a stalking no contact order is granted. |
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| (d) Monetary damages are not recoverable as a remedy.
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| Section 85. Mutual stalking no contact orders are |
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| prohibited. Correlative separate orders undermine the purposes |
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| of this Act. If separate orders are sought, both must comply |
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| with all provisions of this Act. |
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| Section 90. Accountability for actions of others. For the |
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| purposes of issuing a stalking no contact order, deciding what |
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| remedies should be included and enforcing the order, Article 5 |
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| of the Criminal Code of 1961 shall govern whether respondent is |
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| legally accountable for the conduct of another person. |
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| Section 95. Emergency stalking no contact order. |
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| (a) An emergency stalking no contact order shall issue if |
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| the petitioner satisfies the requirements of this subsection |
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LRB096 06021 RLC 16102 b |
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| (a). The petitioner shall establish that: |
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| (1) the court has jurisdiction under Section 50; |
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| (2) the requirements of Section 80 are satisfied; and |
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| (3) there is good cause to grant the remedy, regardless |
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| of prior service of process or of notice upon the |
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| respondent, because the harm which that remedy is intended |
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| to prevent would be likely to occur if the respondent were |
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| given any prior notice, or greater notice than was actually |
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| given, of the petitioner's efforts to obtain judicial |
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| relief. |
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| An emergency stalking no contact order shall be issued by |
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| the court if it appears from the contents of the petition and |
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| the examination of the petitioner that the averments are |
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| sufficient to indicate stalking by the respondent and to |
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| support the granting of relief under the issuance of the |
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| stalking no contact order. |
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| An emergency stalking no contact order shall be issued if |
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| the court finds that items (1), (2), and (3) of this subsection |
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| (a) are met. |
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| (b) If the respondent appears in court for this hearing for |
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| an emergency order, he or she may elect to file a general |
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| appearance and testify. Any resulting order may be an emergency |
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| order, governed by this Section. Notwithstanding the |
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| requirements of this Section, if all requirements of Section |
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| 100 have been met, the court may issue a plenary order. |
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| (c) Emergency orders; court holidays and evenings. |
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LRB096 06021 RLC 16102 b |
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| (1) When the court is unavailable at the close of |
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| business, the petitioner may file a petition for a 21-day |
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| emergency order before any available circuit judge or |
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| associate judge who may grant relief under this Act. If the |
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| judge finds that there is an immediate and present danger |
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| of abuse against the petitioner and that the petitioner has |
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| satisfied the prerequisites set forth in subsection (a), |
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| that judge may issue an emergency stalking no contact |
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| order. |
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| (2) The chief judge of the circuit court may designate |
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| for each county in the circuit at least one judge to be |
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| reasonably available to issue orally, by telephone, by |
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| facsimile, or otherwise, an emergency stalking no contact |
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| order at all times, whether or not the court is in session. |
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| (3) Any order issued under this Section and any |
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| documentation in support of the order shall be certified on |
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| the next court day to the appropriate court. The clerk of |
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| that court shall immediately assign a case number, file the |
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| petition, order, and other documents with the court, and |
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| enter the order of record and file it with the sheriff for |
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| service, in accordance with Section 60. Filing the petition |
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| shall commence proceedings for further relief under |
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| Section 20. Failure to comply with the requirements of this |
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| paragraph (3) does not affect the validity of the order. |
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| Section 100. Plenary stalking no contact order. A plenary |
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LRB096 06021 RLC 16102 b |
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| stalking no contact order shall issue if the petitioner has |
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| served notice of the hearing for that order on the respondent, |
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| in accordance with Section 65, and satisfies the requirements |
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| of this Section. The petitioner must establish that: |
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| (1) the court has jurisdiction under Section 50; |
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| (2) the requirements of Section 80 are satisfied; |
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| (3) a general appearance was made or filed by or for |
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| the respondent or process was served on the respondent in |
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| the manner required by Section 60; and |
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| (4) the respondent has answered or is in default. |
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| Section 105. Duration and extension of orders. |
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| (a) Unless re-opened or extended or voided by entry of an |
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| order of greater duration, an emergency order shall be |
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| effective for not less than 14 nor more than 21 days. |
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| (b) Except as otherwise provided in this Section, a plenary |
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| stalking no contact order shall be effective for a fixed period |
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| of time, not to exceed 2 years. A plenary stalking no contact |
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| order entered in conjunction with a criminal prosecution shall |
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| remain in effect as follows: |
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| (1) if entered during pre-trial release, until |
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| disposition, withdrawal, or dismissal of the underlying |
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| charge; if however, the case is continued as an independent |
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| cause of action, the order's duration may be for a fixed |
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| period of time not to exceed 2 years; |
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| (2) if in effect in conjunction with a bond forfeiture |
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LRB096 06021 RLC 16102 b |
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| warrant, until final disposition or an additional period of |
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| time not exceeding 2 years; no stalking no contact order, |
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| however, shall be terminated by a dismissal that is |
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| accompanied by the issuance of a bond forfeiture warrant; |
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| (3) permanent if a judgment of conviction for stalking |
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| is entered. |
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| (c) Any emergency or plenary order may be extended one or |
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| more times, as required, provided that the requirements of |
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| Section 95 or 100, as appropriate, are satisfied. If the motion |
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| for extension is uncontested and the petitioner seeks no |
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| modification of the order, the order may be extended on the |
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| basis of the petitioner's motion or affidavit stating that |
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| there has been no material change in relevant circumstances |
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| since entry of the order and stating the reason for the |
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| requested extension. Extensions may be granted only in open |
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| court and not under the provisions of subsection (c) of Section |
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| 95, which applies only when the court is unavailable at the |
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| close of business or on a court holiday. |
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| (d) Any stalking no contact order which would expire on a |
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| court holiday shall instead expire at the close of the next |
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| court business day. |
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| (e) The practice of dismissing or suspending a criminal |
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| prosecution in exchange for the issuance of a stalking no |
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| contact order undermines the purposes of this Act. This Section |
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| shall not be construed as encouraging that practice. |
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LRB096 06021 RLC 16102 b |
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| Section 110. Contents of orders. |
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| (a) Any stalking no contact order shall describe each |
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| remedy granted by the court, in reasonable detail and not by |
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| reference to any other document, so that the respondent may |
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| clearly understand what he or she must do or refrain from |
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| doing. |
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| (b) A stalking no contact order shall further state the |
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| following: |
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| (1) The name of each petitioner that the court finds |
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| was the victim of stalking by the respondent. |
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| (2) The date and time the stalking no contact order was |
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| issued, whether it is an emergency or plenary order, and |
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| the duration of the order. |
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| (3) The date, time, and place for any scheduled hearing |
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| for extension of that stalking no contact order or for |
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| another order of greater duration or scope. |
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| (4) For each remedy in an emergency stalking no contact |
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| order, the reason for entering that remedy without prior |
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| notice to the respondent or greater notice than was |
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| actually given. |
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| (5) For emergency stalking no contact orders, that the |
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| respondent may petition the court, in accordance with |
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| Section 120, to reopen the order if he or she did not |
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| receive actual prior notice of the hearing as required |
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| under Section 65 of this Act and if the respondent alleges |
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| that he or she had a meritorious defense to the order or |
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LRB096 06021 RLC 16102 b |
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| that the order or its remedy is not authorized by this Act. |
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| (c) A stalking no contact order shall include the following |
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| notice, printed in conspicuous type: "An initial knowing |
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| violation of a stalking no contact order is a Class A |
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| misdemeanor. Any second or subsequent knowing violation is a |
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| Class 4 felony." |
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| Section 115. Notice of orders. |
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| (a) Upon issuance of any stalking no contact order, the |
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| clerk shall immediately, or on the next court day if an |
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| emergency order is issued in accordance with subsection (c) of |
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| Section 95: |
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| (1) enter the order on the record and file it in |
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| accordance with the circuit court procedures; and |
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| (2) provide a file stamped copy of the order to the |
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| respondent, if present, and to the petitioner. |
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| (b) The clerk of the issuing judge shall, or the petitioner |
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| may, on the same day that a stalking no contact order is |
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| issued, file a certified copy of that order with the sheriff or |
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| other law enforcement officials charged with maintaining |
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| Department of State Police records or charged with serving the |
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| order upon the respondent. If the order was issued in |
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| accordance with subsection (c) of Section 95, the clerk shall, |
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| on the next court day, file a certified copy of the order with |
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| the sheriff or other law enforcement officials charged with |
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| maintaining Department of State Police records. |
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LRB096 06021 RLC 16102 b |
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| (c) Unless the respondent was present in court when the |
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| order was issued, the sheriff, other law enforcement official, |
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| or special process server shall promptly serve that order upon |
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| the respondent and file proof of such service in the manner |
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| provided for service of process in civil proceedings. If |
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| process has not yet been served upon the respondent, it shall |
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| be served with the order or short form notification. |
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| (d) If the person against whom the stalking no contact |
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| order is issued is arrested and the written order is issued in |
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| accordance with subsection (c) of Section 95 and received by |
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| the custodial law enforcement agency before the respondent or |
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| arrestee is released from custody, the custodial law |
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| enforcement agent shall promptly serve the order upon the |
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| respondent or arrestee before the respondent or arrestee is |
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| released from custody. In no event shall detention of the |
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| respondent or arrestee be extended for hearing on the petition |
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| for stalking no contact order or receipt of the order issued |
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| under Section 95 of this Act. |
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| (e) Any order extending, modifying, or revoking any |
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| stalking no contact order shall be promptly recorded, issued, |
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| and served as provided in this Section. |
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| (f) Upon the request of the petitioner, within 24 hours of |
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| the issuance of a stalking no contact order, the clerk of the |
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| issuing judge shall send written notice of the order along with |
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| a certified copy of the order to any school, daycare, college, |
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| or university at which the petitioner is enrolled. |
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| Section 120. Modification; reopening of orders. |
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| (a) Except as otherwise provided in this Section, upon |
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| motion by the petitioner, the court may modify an emergency or |
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| plenary stalking no contact order by altering the remedy, |
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| subject to Section 80. |
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| (b) After 30 days following entry of a plenary stalking no |
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| contact order, a court may modify that order only when a change |
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| in the applicable law or facts since that plenary order was |
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| entered warrants a modification of its terms. |
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| (c) Upon 2 days' notice to the petitioner, or such shorter |
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| notice as the court may prescribe, a respondent subject to an |
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| emergency stalking no contact order issued under this Act may |
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| appear and petition the court to rehear the original or amended |
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| petition. Any petition to rehear shall be verified and shall |
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| allege the following: |
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| (1) that the respondent did not receive prior notice of |
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| the initial hearing in which the emergency order was |
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| entered under Sections 65 and 95; and |
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| (2) that the respondent had a meritorious defense to |
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| the order or any of its remedies or that the order or any |
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| of its remedies was not authorized by this Act. |
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| Section 125. Violation. An initial knowing violation of a |
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| stalking no contact order is a Class A misdemeanor. A second or |
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| subsequent knowing violation is a Class 4 felony. |
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| Section 130. Arrest without warrant. |
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| (a) Any law enforcement officer may make an arrest without |
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| warrant if the officer has probable cause to believe that the |
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| person has committed or is committing a violation of a stalking |
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| no contact order. |
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| (b) The law enforcement officer may verify the existence of |
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| a stalking no contact order by telephone or radio communication |
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| with his or her law enforcement agency or by referring to the |
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| copy of the order provided by the petitioner or the respondent. |
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| Section 135. Data maintenance by law enforcement agencies. |
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| (a) All sheriffs shall furnish to the Department of State |
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| Police, on the same day as received, in the form and detail the |
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| Department requires, copies of any recorded emergency or |
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| plenary stalking no contact orders issued by the court and |
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| transmitted to the sheriff by the clerk of the court in |
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| accordance with subsection (b) of Section 115 of this Act. Each |
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| stalking no contact order shall be entered in the Law |
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| Enforcement Agencies Data System on the same day it is issued |
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| by the court. If an emergency stalking no contact order was |
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| issued in accordance with subsection (c) of Section 100, the |
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| order shall be entered in the Law Enforcement Agencies Data |
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| System as soon as possible after receipt from the clerk of the |
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| court. |
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| (b) The Department of State Police shall maintain a |
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| complete and systematic record and index of all valid and |
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| recorded stalking no contact orders issued under this Act. The |
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| data shall be used to inform all dispatchers and law |
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| enforcement officers at the scene of an alleged incident of |
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| stalking or violation of a stalking no contact order of any |
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| recorded prior incident of stalking involving the petitioner |
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| and the effective dates and terms of any recorded stalking no |
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| contact order.
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