Bill Status of SB 2426   95th General Assembly

Short Description:  HARASSING ELECTRONIC COMM

Senate Sponsors
Sen. Ira I. Silverstein-Linda Holmes

House Sponsors
(Rep. Patrick J Verschoore-Robert F. Flider-Robert S. Molaro-Michael K. Smith)


Last Action  View All Actions

DateChamber Action
  8/18/2008SenatePublic Act . . . . . . . . . 95-0849

Statutes Amended In Order of Appearance
720 ILCS 135/1-2
720 ILCS 135/2from Ch. 134, par. 16.5

Synopsis As Introduced
Amends the Harassing and Obscene Communications Act. Creates the Cyberbullying Law. Provides that the offense of harassment through electronic communications also includes the use of electronic communication for making a harassing statement for the purpose of alarming, tormenting, or terrorizing a specific person on at least 2 separate occasions; or creating and maintaining an Internet website or webpage, which is accessible to one or more third parties for a period of at least 24 hours, and which contains harassing statements made for the purpose of alarming, tormenting, or terrorizing a specific person. Establishes penalties. Effective immediately.

Senate Floor Amendment No. 3
Deletes reference to:
720 ILCS 135/1-2
Adds reference to:
720 ILCS 5/12-7.5
Deletes reference to:
720 ILCS 135/2

Replaces everything after the enacting clause. Amends the Criminal Code of 1961 relating to cyberstalking. Provides that cyberstalking also includes knowingly and without lawful justification, on at least 2 separate occasions, harassing of another person through the use of electronic communication and at any time knowingly soliciting the commission of an act by any person which would be a violation of the Code directed towards that person or a family member of that person. Provides that a person also commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and: (1) which communicates a threat of immediate or future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, (2) which places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or (3) which knowingly solicits the commission of an act by any person which would be a violation of the Code directed towards that person or a family member of that person. Provides that telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of the cyberstalking statute. Amends the Harassing and Obscene Communications Act. Provides that "electronic communication" includes transmissions by a computer through the Internet to another computer. Provides that telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of the harassment through electronic communications statute.

Actions 
DateChamber Action
  2/15/2008SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/15/2008SenateFirst Reading
  2/15/2008SenateReferred to Rules
  2/27/2008SenateAssigned to Judiciary Criminal Law
  3/6/2008SenatePostponed - Judiciary Criminal Law
  3/12/2008SenateDo Pass Judiciary Criminal Law; 008-000-000
  3/12/2008SenatePlaced on Calendar Order of 2nd Reading March 13, 2008
  4/1/2008SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  4/1/2008SenateSenate Floor Amendment No. 1 Referred to Rules
  4/2/2008SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law
  4/3/2008SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary Criminal Law; 010-000-000
  4/10/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein
  4/10/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/11/2008SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Ira I. Silverstein
  4/11/2008SenateSenate Floor Amendment No. 3 Referred to Rules
  4/15/2008SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary Criminal Law
  4/16/2008SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary Criminal Law; 010-000-000
  4/16/2008SenateSecond Reading
  4/16/2008SenateSenate Floor Amendment No. 1 Motion to Table Amendment - Prevailed Silverstein
  4/16/2008SenateSenate Floor Amendment No. 1 Tabled
  4/16/2008SenateSenate Floor Amendment No. 3 Adopted; Silverstein
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading April 17, 2008
  4/16/2008SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  4/17/2008SenateThird Reading - Passed; 053-001-000
  4/17/2008SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/17/2008HouseArrived in House
  4/17/2008HousePlaced on Calendar Order of First Reading
  4/17/2008HouseChief House Sponsor Rep. Patrick J Verschoore
  4/24/2008HouseFirst Reading
  4/24/2008HouseReferred to Rules Committee
  5/6/2008HouseAdded Alternate Chief Co-Sponsor Rep. Robert F. Flider
  5/6/2008HouseAssigned to Judiciary II - Criminal Law Committee
  5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008
  5/15/2008HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 011-002-000
  5/15/2008HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2008HouseAdded Alternate Chief Co-Sponsor Rep. Robert S. Molaro
  5/19/2008HouseAdded Alternate Chief Co-Sponsor Rep. Michael K. Smith
  5/19/2008HouseSecond Reading - Short Debate
  5/19/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2008HouseThird Reading - Short Debate - Passed 108-001-000
  5/22/2008SenatePassed Both Houses
  6/20/2008SenateSent to the Governor
  8/18/2008SenateGovernor Approved
  8/18/2008SenateEffective Date January 1, 2009
  8/18/2008SenatePublic Act . . . . . . . . . 95-0849

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