Rep. Peter Breen

Filed: 4/5/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4506

2    AMENDMENT NO. ______. Amend House Bill 4506 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Stalking No Contact Order Act is amended by
5changing Section 10 as follows:
 
6    (740 ILCS 21/10)
7    Sec. 10. Definitions. For the purposes of this Act:
8    "Course of conduct" means 2 or more acts, including but not
9limited to acts in which a respondent directly, indirectly, or
10through third parties, by any action, method, device, or means
11follows, monitors, observes, surveils, threatens, or
12communicates to or about, a person, engages in other contact,
13or interferes with or damages a person's property or pet. A
14course of conduct may include contact via electronic
15communications. The incarceration of a person in a penal
16institution who commits the course of conduct is not a bar to

 

 

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1prosecution under this Section.
2    "Emotional distress" means significant mental suffering,
3anxiety or alarm.
4    "Contact" includes any contact with the victim, that is
5initiated or continued without the victim's consent, or that is
6in disregard of the victim's expressed desire that the contact
7be avoided or discontinued, including but not limited to being
8in the physical presence of the victim; appearing within the
9sight of the victim; approaching or confronting the victim in a
10public place or on private property; appearing at the workplace
11or residence of the victim; entering onto or remaining on
12property owned, leased, or occupied by the victim; or placing
13an object on, or delivering an object to, property owned,
14leased, or occupied by the victim.
15    "Petitioner" means any named petitioner for the stalking no
16contact order or any named victim of stalking on whose behalf
17the petition is brought.
18    "Reasonable person" means a person in the petitioner's
19circumstances with the petitioner's knowledge of the
20respondent and the respondent's prior acts.
21    "Stalking" means engaging in a course of conduct directed
22at a specific person, and he or she knows or should know that
23this course of conduct would cause a reasonable person to fear
24for his or her safety or the safety of a third person or suffer
25emotional distress. Stalking does not include an exercise of
26the right to free speech or assembly that is otherwise lawful

 

 

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1or picketing, including, but not limited to, picketing
2occurring at the workplace that is otherwise lawful, and arises
3out of a bona fide labor dispute, including any controversy
4concerning wages, salaries, hours, working conditions or
5benefits, including health and welfare, sick leave, insurance,
6and pension or retirement provisions, the making or maintaining
7of collective bargaining agreements, and the terms to be
8included in those agreements.
9    "Stalking No Contact Order" means an emergency order or
10plenary order granted under this Act, which includes a remedy
11authorized by Section 80 of this Act.
12(Source: P.A. 96-246, eff. 1-1-10.)
 
13    Section 10. The Criminal Code of 2012 is amended by
14changing Sections 12-7.3 and 12-7.5 as follows:
 
15    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
16    Sec. 12-7.3. Stalking.
17    (a) A person commits stalking when he or she knowingly
18engages in a course of conduct directed at a specific person,
19and he or she knows or should know that this course of conduct
20would cause a reasonable person to: (1) fear for his or her
21safety or the safety of a third person; or (2) suffer other
22emotional distress.
23    (a-3) A person commits stalking when he or she, knowingly
24and without lawful justification, on at least 2 separate

 

 

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1occasions follows another person or places the person under
2surveillance or any combination thereof and:
3        (1) at any time transmits a threat of immediate or
4    future bodily harm, sexual assault, confinement or
5    restraint and the threat is directed towards that person or
6    a family member of that person; or
7        (2) places that person in reasonable apprehension of
8    immediate or future bodily harm, sexual assault,
9    confinement or restraint to or of that person or a family
10    member of that person.
11    (a-5) A person commits stalking when he or she has
12previously been convicted of stalking another person and
13knowingly and without lawful justification on one occasion:
14        (1) follows that same person or places that same person
15    under surveillance; and
16        (2) transmits a threat of immediate or future bodily
17    harm, sexual assault, confinement or restraint to that
18    person or a family member of that person.
19    (b) Sentence. Stalking is a Class 4 felony; a second or
20subsequent conviction is a Class 3 felony.
21    (c) Definitions. For purposes of this Section:
22        (1) "Course of conduct" means 2 or more acts, including
23    but not limited to acts in which a defendant directly,
24    indirectly, or through third parties, by any action,
25    method, device, or means follows, monitors, observes,
26    surveils, threatens, or communicates to or about, a person,

 

 

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1    engages in other non-consensual contact, or interferes
2    with or damages a person's property or pet. A course of
3    conduct may include contact via electronic communications.
4        (2) "Electronic communication" means any transfer of
5    signs, signals, writings, sounds, data, or intelligence of
6    any nature transmitted in whole or in part by a wire,
7    radio, electromagnetic, photoelectric, or photo-optical
8    system. "Electronic communication" includes transmissions
9    by a computer through the Internet to another computer.
10        (3) (Blank). "Emotional distress" means significant
11    mental suffering, anxiety or alarm.
12        (4) "Family member" means a parent, grandparent,
13    brother, sister, or child, whether by whole blood,
14    half-blood, or adoption and includes a step-grandparent,
15    step-parent, step-brother, step-sister or step-child.
16    "Family member" also means any other person who regularly
17    resides in the household, or who, within the prior 6
18    months, regularly resided in the household.
19        (5) "Follows another person" means (i) to move in
20    relative proximity to a person as that person moves from
21    place to place or (ii) to remain in relative proximity to a
22    person who is stationary or whose movements are confined to
23    a small area. "Follows another person" does not include a
24    following within the residence of the defendant.
25        (6) "Non-consensual contact" means any contact with
26    the victim that is initiated or continued without the

 

 

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1    victim's consent, including but not limited to being in the
2    physical presence of the victim; appearing within the sight
3    of the victim; approaching or confronting the victim in a
4    public place or on private property; appearing at the
5    workplace or residence of the victim; entering onto or
6    remaining on property owned, leased, or occupied by the
7    victim; or placing an object on, or delivering an object
8    to, property owned, leased, or occupied by the victim.
9        (7) "Places a person under surveillance" means: (1)
10    remaining present outside the person's school, place of
11    employment, vehicle, other place occupied by the person, or
12    residence other than the residence of the defendant; or (2)
13    placing an electronic tracking device on the person or the
14    person's property.
15        (8) "Reasonable person" means a person in the victim's
16    situation.
17        (9) "Transmits a threat" means a verbal or written
18    threat or a threat implied by a pattern of conduct or a
19    combination of verbal or written statements or conduct.
20    (d) Exemptions.
21        (1) This Section does not apply to any individual or
22    organization (i) monitoring or attentive to compliance
23    with public or worker safety laws, wage and hour
24    requirements, or other statutory requirements, or (ii)
25    picketing occurring at the workplace that is otherwise
26    lawful and arises out of a bona fide labor dispute,

 

 

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1    including any controversy concerning wages, salaries,
2    hours, working conditions or benefits, including health
3    and welfare, sick leave, insurance, and pension or
4    retirement provisions, the making or maintaining of
5    collective bargaining agreements, and the terms to be
6    included in those agreements.
7        (2) This Section does not apply to an exercise of the
8    right to free speech or assembly that is otherwise lawful.
9        (3) Telecommunications carriers, commercial mobile
10    service providers, and providers of information services,
11    including, but not limited to, Internet service providers
12    and hosting service providers, are not liable under this
13    Section, except for willful and wanton misconduct, by
14    virtue of the transmission, storage, or caching of
15    electronic communications or messages of others or by
16    virtue of the provision of other related
17    telecommunications, commercial mobile services, or
18    information services used by others in violation of this
19    Section.
20    (d-5) The incarceration of a person in a penal institution
21who commits the course of conduct or transmits a threat is not
22a bar to prosecution under this Section.
23    (d-10) A defendant who directed the actions of a third
24party to violate this Section, under the principles of
25accountability set forth in Article 5 of this Code, is guilty
26of violating this Section as if the same had been personally

 

 

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1done by the defendant, without regard to the mental state of
2the third party acting at the direction of the defendant.
3(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
497-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
 
5    (720 ILCS 5/12-7.5)
6    Sec. 12-7.5. Cyberstalking.
7    (a) A person commits cyberstalking when he or she engages
8in a course of conduct using electronic communication directed
9at a specific person, and he or she knows or should know that
10would cause a reasonable person to: (1) fear for his or her
11safety or the safety of a third person; or (2) suffer other
12emotional distress.
13    (a-3) A person commits cyberstalking when he or she,
14knowingly and without lawful justification, on at least 2
15separate occasions, harasses another person through the use of
16electronic communication and:
17        (1) at any time transmits a threat of immediate or
18    future bodily harm, sexual assault, confinement, or
19    restraint and the threat is directed towards that person or
20    a family member of that person; or
21        (2) places that person or a family member of that
22    person in reasonable apprehension of immediate or future
23    bodily harm, sexual assault, confinement, or restraint; or
24        (3) at any time knowingly solicits the commission of an
25    act by any person which would be a violation of this Code

 

 

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1    directed towards that person or a family member of that
2    person.
3    (a-4) A person commits cyberstalking when he or she
4knowingly, surreptitiously, and without lawful justification,
5installs or otherwise places electronic monitoring software or
6spyware on an electronic communication device as a means to
7harass another person and:
8        (1) at any time transmits a threat of immediate or
9    future bodily harm, sexual assault, confinement, or
10    restraint and the threat is directed towards that person or
11    a family member of that person;
12        (2) places that person or a family member of that
13    person in reasonable apprehension of immediate or future
14    bodily harm, sexual assault, confinement, or restraint; or
15        (3) at any time knowingly solicits the commission of an
16    act by any person which would be a violation of this Code
17    directed towards that person or a family member of that
18    person.
19    For purposes of this Section, an installation or placement
20is not surreptitious if:
21        (1) with respect to electronic software, hardware, or
22    computer applications, clear notice regarding the use of
23    the specific type of tracking software or spyware is
24    provided by the installer in advance to the owners and
25    primary users of the electronic software, hardware, or
26    computer application; or

 

 

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1        (2) written or electronic consent of all owners and
2    primary users of the electronic software, hardware, or
3    computer application on which the tracking software or
4    spyware will be installed has been sought and obtained
5    through a mechanism that does not seek to obtain any other
6    approvals or acknowledgement from the owners and primary
7    users.
8    (a-5) A person commits cyberstalking when he or she,
9knowingly and without lawful justification, creates and
10maintains an Internet website or webpage which is accessible to
11one or more third parties for a period of at least 24 hours,
12and which contains statements harassing another person and:
13        (1) which communicates a threat of immediate or future
14    bodily harm, sexual assault, confinement, or restraint,
15    where the threat is directed towards that person or a
16    family member of that person, or
17        (2) which places that person or a family member of that
18    person in reasonable apprehension of immediate or future
19    bodily harm, sexual assault, confinement, or restraint, or
20        (3) which knowingly solicits the commission of an act
21    by any person which would be a violation of this Code
22    directed towards that person or a family member of that
23    person.
24    (b) Sentence. Cyberstalking is a Class 4 felony; a second
25or subsequent conviction is a Class 3 felony.
26    (c) For purposes of this Section:

 

 

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1        (1) "Course of conduct" means 2 or more acts, including
2    but not limited to acts in which a defendant directly,
3    indirectly, or through third parties, by any action,
4    method, device, or means follows, monitors, observes,
5    surveils, threatens, or communicates to or about, a person,
6    engages in other non-consensual contact, or interferes
7    with or damages a person's property or pet. The
8    incarceration in a penal institution of a person who
9    commits the course of conduct is not a bar to prosecution
10    under this Section.
11        (2) "Electronic communication" means any transfer of
12    signs, signals, writings, sounds, data, or intelligence of
13    any nature transmitted in whole or in part by a wire,
14    radio, electromagnetic, photoelectric, or photo-optical
15    system. "Electronic communication" includes transmissions
16    through an electronic device including, but not limited to,
17    a telephone, cellular phone, computer, or pager, which
18    communication includes, but is not limited to, e-mail,
19    instant message, text message, or voice mail.
20        (2.1) "Electronic communication device" means an
21    electronic device, including, but not limited to, a
22    wireless telephone, personal digital assistant, or a
23    portable or mobile computer.
24        (2.2) "Electronic monitoring software or spyware"
25    means software or an application that surreptitiously
26    tracks computer activity on a device and records and

 

 

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1    transmits the information to third parties with the intent
2    to cause injury or harm. For the purposes of this paragraph
3    (2.2), "intent to cause injury or harm" does not include
4    activities carried out in furtherance of the prevention of
5    fraud or crime or of protecting the security of networks,
6    online services, applications, software, other computer
7    programs, users, or electronic communication devices or
8    similar devices.
9        (3) (Blank). "Emotional distress" means significant
10    mental suffering, anxiety or alarm.
11        (4) "Harass" means to engage in a knowing and willful
12    course of conduct directed at a specific person that
13    alarms, torments, or terrorizes that person.
14        (5) "Non-consensual contact" means any contact with
15    the victim that is initiated or continued without the
16    victim's consent, including but not limited to being in the
17    physical presence of the victim; appearing within the sight
18    of the victim; approaching or confronting the victim in a
19    public place or on private property; appearing at the
20    workplace or residence of the victim; entering onto or
21    remaining on property owned, leased, or occupied by the
22    victim; or placing an object on, or delivering an object
23    to, property owned, leased, or occupied by the victim.
24        (6) "Reasonable person" means a person in the victim's
25    circumstances, with the victim's knowledge of the
26    defendant and the defendant's prior acts.

 

 

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1        (7) "Third party" means any person other than the
2    person violating these provisions and the person or persons
3    towards whom the violator's actions are directed.
4    (d) Telecommunications carriers, commercial mobile service
5providers, and providers of information services, including,
6but not limited to, Internet service providers and hosting
7service providers, are not liable under this Section, except
8for willful and wanton misconduct, by virtue of the
9transmission, storage, or caching of electronic communications
10or messages of others or by virtue of the provision of other
11related telecommunications, commercial mobile services, or
12information services used by others in violation of this
13Section.
14    (e) A defendant who directed the actions of a third party
15to violate this Section, under the principles of accountability
16set forth in Article 5 of this Code, is guilty of violating
17this Section as if the same had been personally done by the
18defendant, without regard to the mental state of the third
19party acting at the direction of the defendant.
20    (f) It is not a violation of this Section to:
21        (1) provide, protect, maintain, update, or upgrade
22    networks, online services, applications, software, other
23    computer programs, electronic communication devices, or
24    similar devices under the terms of use applicable to those
25    networks, services, applications, software, programs, or
26    devices;

 

 

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1        (2) interfere with or prohibit terms or conditions in a
2    contract or license related to networks, online services,
3    applications, software, other computer programs,
4    electronic communication devices, or similar devices; or
5        (3) create any liability by reason of terms or
6    conditions adopted, or technical measures implemented, to
7    prevent the transmission of unsolicited electronic mail or
8    communications.
9(Source: P.A. 100-166, eff. 1-1-18.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".