|
Sen. John G. Mulroe
Filed: 5/16/2011
| | 09700HB0277sam002 | | LRB097 05792 RLC 55702 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 277
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 277 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Criminal Code of 1961 is amended by |
| 5 | | changing Section 12-7.4 as follows:
|
| 6 | | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
|
| 7 | | (Text of Section after amendment by P.A. 96-1551)
|
| 8 | | Sec. 12-7.4. Aggravated stalking.
|
| 9 | | (a) A person commits
aggravated stalking when he or she |
| 10 | | commits stalking and:
|
| 11 | | (1) causes bodily harm to the victim;
|
| 12 | | (2) confines or restrains the victim; or
|
| 13 | | (3) violates a temporary
restraining order, an order of |
| 14 | | protection, a stalking no contact order, a civil no contact |
| 15 | | order, or an injunction
prohibiting the behavior described |
| 16 | | in
subsection (b)(1) of Section 214 of the Illinois |
|
| | 09700HB0277sam002 | - 2 - | LRB097 05792 RLC 55702 a |
|
|
| 1 | | Domestic Violence Act of 1986.
|
| 2 | | (a-1) A person commits
aggravated stalking when he or she |
| 3 | | is required to register under the Sex Offender Registration Act |
| 4 | | or has been previously required to register under that Act and |
| 5 | | commits the offense of stalking when the victim of the stalking |
| 6 | | is also the victim of the offense for which the sex offender is |
| 7 | | required to register under the Sex Offender Registration Act or |
| 8 | | a family member of the victim. |
| 9 | | (b) Sentence. Aggravated stalking is a Class 3 felony; a |
| 10 | | second or
subsequent conviction is a Class 2
felony.
|
| 11 | | (c) Exemptions. |
| 12 | | (1) This Section does not apply to any individual or |
| 13 | | organization (i) monitoring or attentive to compliance |
| 14 | | with public or worker safety laws, wage and hour |
| 15 | | requirements, or other statutory requirements, or (ii) |
| 16 | | picketing occurring at the
workplace that is otherwise |
| 17 | | lawful and arises out of a bona fide labor
dispute |
| 18 | | including any controversy concerning wages, salaries, |
| 19 | | hours, working conditions or benefits, including health |
| 20 | | and welfare, sick leave, insurance, and pension or |
| 21 | | retirement provisions, the managing or maintenance of |
| 22 | | collective bargaining agreements, and the terms to be |
| 23 | | included in those agreements. |
| 24 | | (2) This Section does not apply to an exercise of the |
| 25 | | right of free speech or assembly that is
otherwise lawful.
|
| 26 | | (3) Telecommunications carriers, commercial mobile |
|
| | 09700HB0277sam002 | - 3 - | LRB097 05792 RLC 55702 a |
|
|
| 1 | | service providers, and providers of information services, |
| 2 | | including, but not limited to, Internet service providers |
| 3 | | and hosting service providers, are not liable under this |
| 4 | | Section, except for willful and wanton misconduct, by |
| 5 | | virtue of the transmission, storage, or caching of |
| 6 | | electronic communications or messages of others or by |
| 7 | | virtue of the provision of other related |
| 8 | | telecommunications, commercial mobile services, or |
| 9 | | information services used by others in violation of this |
| 10 | | Section.
|
| 11 | | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11.)".
|