95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0006


 
Introduced 1/19/2007, by Rep. Elaine Nekritz
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/12-7.3
  from Ch. 38, par. 12-7.3







    Amends the Criminal Code of 1961 concerning the offense of stalking. Includes, in the definition of surveillance, placing an electronic tracking device on the person stalked  or the person's property.
















LRB095 03374 RLC 23378 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0006

LRB095 03374 RLC 23378 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 12-7.3 as follows:
 



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    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)



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    Sec. 12-7.3. Stalking. 

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    (a) A person commits stalking when he or she, knowingly and 
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without
lawful justification, on at least 2 separate occasions 
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follows
another person
or places the person under surveillance 
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or any combination thereof and:


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        (1) at any time transmits a threat of immediate or 
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    future bodily harm, sexual
assault, confinement or 
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    restraint and the threat is directed towards that
person or 
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    a family member of that
person; or


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        (2) places that person in reasonable apprehension of 
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    immediate or future
bodily harm, sexual assault, 
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    confinement or restraint; or


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        (3) places that person in reasonable apprehension that 
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    a family member
will receive immediate or future bodily 
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    harm, sexual assault, confinement, or
restraint.

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    (a-5) A person commits stalking when he or she has 
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previously been
convicted of stalking another person and 
 


 






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knowingly and without lawful
justification on one occasion:


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        (1) follows that same person or places that same person 
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    under
surveillance; and


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        (2) transmits a threat of immediate or future bodily 
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    harm, sexual
assault, confinement or restraint; and


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        (3) the threat is directed towards that person or a 
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    family member of
that person.

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    (b) Sentence.
Stalking is a Class 4 felony. A second or 
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subsequent
conviction for stalking is a Class 3 felony.

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    (b-5) The incarceration of a person in a penal institution 
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who transmits a
threat is not a bar to prosecution under this 
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Section.

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    (c) Exemption.  This Section does not apply to picketing 
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occurring at
the workplace that is otherwise lawful and arises 
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out of a bona fide labor
dispute, or any exercise of the right 
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of free speech or assembly that is
otherwise lawful.

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    (d) For the purpose of this Section, a defendant "places a 
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person under
surveillance" by: (1) remaining present outside 
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the person's school, place of
employment, vehicle, other place 
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occupied by the person, or residence other
than the residence 
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of the defendant; or (2) placing an electronic tracking device 
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on the person or the person's property.

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    (e) For the purpose of this Section,
"follows another 
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person" means (i) to
move in relative proximity to a person as 
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that person moves from place to place
or (ii) to remain in 
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relative proximity to a person who is stationary or whose

 


 






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movements are confined to a small area.
"Follows another 
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person" does not
include a following within the residence of 
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the defendant.

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    (f) For the purposes of this Section and Section 12-7.4, 
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"bona fide labor
dispute" means any controversy concerning 
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wages, salaries, hours, working
conditions, or benefits, 
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including health and welfare, sick leave, insurance,
and

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pension or retirement provisions, the making or maintaining of 
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collective
bargaining agreements, and the terms to be included 
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in those agreements.

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    (g) For the purposes of this Section, "transmits a threat" 
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means a verbal
or
written threat or a threat implied by a 
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pattern of conduct or a combination of
verbal or written 
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statements or conduct.

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    (h) For the purposes of this Section, "family member" means 
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a parent,
grandparent, brother, sister, or child, whether by 
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whole blood, half-blood, or
adoption and includes a 
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step-grandparent, step-parent, step-brother,
step-sister or 
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step-child.  "Family member" also means any other person who

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regularly resides in the household, or who, within the prior 6 
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months,
regularly resided in the household.

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(Source: P.A. 91-640, eff. 8-20-99; 92-827, eff. 8-22-02.)