93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4538


 
Introduced 02/03/04, by Patricia Bailey
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/32-4a
  from Ch. 38, par. 32-4a







    Amends the Criminal Code of 1961.  Provides that the offense  of harassing a witness also applies to the  harassment of a person or the family member of a person who was expected to serve as a witness but who was not called  as a witness because the defendant pleaded guilty to the offense charged or because the charges against the defendant  were dismissed.  Effective immediately.



















LRB093 15198 RLC 40794 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4538

LRB093 15198 RLC 40794 b









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    AN ACT concerning criminal law.

 
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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 changing 
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Section 32-4a as follows:
 



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    (720 ILCS 5/32-4a)  (from Ch. 38, par. 32-4a)



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    Sec. 32-4a. Harassment of representatives for the child, 
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jurors,
witnesses and others
family members of representatives 
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for the child, jurors, and
witnesses.

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    (a) A person who, with intent to harass or annoy one who 
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has served or
is serving or who is a family member of a person 
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who has served or is
serving (1) as a juror because of the 
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verdict returned by the jury in a
pending legal proceeding or 
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the participation of the juror in the verdict or
(2) as a 
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witness, or who may be expected to serve as a witness in a

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pending legal proceeding, or who was expected to serve as a 
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witness but who did not serve as a witness because the charges   
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against the defendant were dismissed or because the defendant 
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pleaded guilty to the charges against him or her,  because of 
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the testimony
or potential testimony of the witness or person 
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who may be expected or may have been expected to serve as a 
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witness, communicates directly
or indirectly with the juror, 
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witness or person who may be expected or may have been expected 
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to serve as a witness, or family member of a juror
or witness 
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or person who may be expected or may have been expected to 
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serve as a witness in such manner
as to produce mental
anguish 
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or emotional distress or who conveys a threat of injury or 
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damage
to the property or person of any juror, witness or 
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person who may be expected or may have been expected to serve 
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as a witness, or family member
of the juror or witness or 
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person who may be expected or may have been expected to serve 
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as a witness commits a Class 2
felony.

 


 









HB4538
- 2 -
LRB093 15198 RLC 40794 b







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    (b) A person who, with intent to harass or annoy one who 
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has served or is
serving or who is a family member of a person 
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who has served or is serving
as a representative for the child, 
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appointed under Section 506 of
the Illinois Marriage and 
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Dissolution of Marriage Act or Section 2-502 of the Code of 
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Civil
Procedure, because of the representative service of that 
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capacity, communicates
directly or indirectly with the 
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representative or a family member of the
representative in such 
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manner as to produce
mental anguish or emotional distress or 
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who conveys a threat of injury or
damage to the property or 
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person of any representative or a family member of
the 
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representative commits a Class A
misdemeanor.

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    (c) For purposes of this Section, "family member" means a 
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spouse, parent,
child, stepchild or other person related by 
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blood or by present marriage, a
person who has, or allegedly 
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has a child in common, and a person who shares or
allegedly 
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shares a
blood relationship through a child.

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(Source: P.A. 93-108, eff. 1-1-04.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.