101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3426

 

Introduced 2/14/2020, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 21/10
740 ILCS 22/213
815 ILCS 518/5
815 ILCS 615/15  from Ch. 29, par. 1051-15

    Amends the Stalking No Contact Order Act. Includes electronic communication in the definition of "contact". Amends the Civil No Contact Order Act. Provides that the court may provide relief in a civil no contact order by restraining the respondent from having any electronic communication with the petitioner. Amends the Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act. Changes the definition of "internet dating service" to remove the qualifier that such services be performed for a fee. Makes a corresponding change to the Dating Referral Services Act.


LRB101 15815 LNS 65907 b

 

 

A BILL FOR

 

SB3426LRB101 15815 LNS 65907 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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, or threatens a person,
12workplace, school, or place of worship, engages in other
13contact, or interferes with or damages a person's property or
14pet. A course 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
17prosecution under this Section.
18    "Emotional distress" means significant mental suffering,
19anxiety or alarm.
20    "Contact" includes any contact with the victim, that is
21initiated or continued without the victim's consent, or that is
22in disregard of the victim's expressed desire that the contact
23be avoided or discontinued, including but not limited to being

 

 

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1in the physical presence of the victim; appearing within the
2sight of the victim; approaching or confronting the victim in a
3public place or on private property; appearing at the workplace
4or residence of the victim; entering onto or remaining on
5property owned, leased, or occupied by the victim; placing an
6object on, or delivering an object to, property owned, leased,
7or occupied by the victim; electronic communication as defined
8in Section 26.5-0.1 of the Criminal Code of 2012; and appearing
9at the prohibited workplace, school, or place of worship.
10    "Petitioner" means any named petitioner for the stalking no
11contact order or any named victim of stalking on whose behalf
12the petition is brought. "Petitioner" includes an authorized
13agent of a place of employment, an authorized agent of a place
14of worship, or an authorized agent of a school.
15    "Reasonable person" means a person in the petitioner's
16circumstances with the petitioner's knowledge of the
17respondent and the respondent's prior acts.
18    "Stalking" means engaging in a course of conduct directed
19at a specific person, and he or she knows or should know that
20this course of conduct would cause a reasonable person to fear
21for his or her safety, the safety of a workplace, school, or
22place of worship, or the safety of a third person or suffer
23emotional distress. Stalking does not include an exercise of
24the right to free speech or assembly that is otherwise lawful
25or picketing occurring at the workplace that is otherwise
26lawful and arises out of a bona fide labor dispute, including

 

 

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1any controversy concerning wages, salaries, hours, working
2conditions or benefits, including health and welfare, sick
3leave, insurance, and pension or retirement provisions, the
4making or maintaining of collective bargaining agreements, and
5the terms to be included in those agreements.
6    "Stalking no contact order" means an emergency order or
7plenary order granted under this Act, which includes a remedy
8authorized by Section 80 of this Act.
9(Source: P.A. 100-1000, eff. 1-1-19.)
 
10    Section 10. The Civil No Contact Order Act is amended by
11changing Section 213 as follows:
 
12    (740 ILCS 22/213)
13    Sec. 213. Civil no contact order; remedies.
14    (a) If the court finds that the petitioner has been a
15victim of non-consensual sexual conduct or non-consensual
16sexual penetration, a civil no contact order shall issue;
17provided that the petitioner must also satisfy the requirements
18of Section 214 on emergency orders or Section 215 on plenary
19orders. The petitioner shall not be denied a civil no contact
20order because the petitioner or the respondent is a minor. The
21court, when determining whether or not to issue a civil no
22contact order, may not require physical injury on the person of
23the victim. Modification and extension of prior civil no
24contact orders shall be in accordance with this Act.

 

 

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1    (a-5) When a petition for a civil no contact order is
2granted, the order shall not be publicly available until the
3order is served on the respondent.
4    (b) (Blank).
5    (b-5) The court may provide relief as follows:
6        (1) prohibit the respondent from knowingly coming
7    within, or knowingly remaining within, a specified
8    distance from the petitioner;
9        (2) restrain the respondent from having any contact,
10    including nonphysical contact and electronic communication
11    as defined in Section 26.5-0.1 of the Criminal Code of
12    2012, with the petitioner directly, indirectly, or through
13    third parties, regardless of whether those third parties
14    know of the order;
15        (3) prohibit the respondent from knowingly coming
16    within, or knowingly remaining within, a specified
17    distance from the petitioner's residence, school, day care
18    or other specified location;
19        (4) order the respondent to stay away from any property
20    or animal owned, possessed, leased, kept, or held by the
21    petitioner and forbid the respondent from taking,
22    transferring, encumbering, concealing, harming, or
23    otherwise disposing of the property or animal; and
24        (5) order any other injunctive relief as necessary or
25    appropriate for the protection of the petitioner.
26    (b-6) When the petitioner and the respondent attend the

 

 

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1same public or private elementary, middle, or high school, the
2court when issuing a civil no contact order and providing
3relief shall consider the severity of the act, any continuing
4physical danger or emotional distress to the petitioner, the
5educational rights guaranteed to the petitioner and respondent
6under federal and State law, the availability of a transfer of
7the respondent to another school, a change of placement or a
8change of program of the respondent, the expense, difficulty,
9and educational disruption that would be caused by a transfer
10of the respondent to another school, and any other relevant
11facts of the case. The court may order that the respondent not
12attend the public, private, or non-public elementary, middle,
13or high school attended by the petitioner, order that the
14respondent accept a change of placement or program, as
15determined by the school district or private or non-public
16school, or place restrictions on the respondent's movements
17within the school attended by the petitioner. The respondent
18bears the burden of proving by a preponderance of the evidence
19that a transfer, change of placement, or change of program of
20the respondent is not available. The respondent also bears the
21burden of production with respect to the expense, difficulty,
22and educational disruption that would be caused by a transfer
23of the respondent to another school. A transfer, change of
24placement, or change of program is not unavailable to the
25respondent solely on the ground that the respondent does not
26agree with the school district's or private or non-public

 

 

SB3426- 6 -LRB101 15815 LNS 65907 b

1school's transfer, change of placement, or change of program or
2solely on the ground that the respondent fails or refuses to
3consent to or otherwise does not take an action required to
4effectuate a transfer, change of placement, or change of
5program. When a court orders a respondent to stay away from the
6public, private, or non-public school attended by the
7petitioner and the respondent requests a transfer to another
8attendance center within the respondent's school district or
9private or non-public school, the school district or private or
10non-public school shall have sole discretion to determine the
11attendance center to which the respondent is transferred. In
12the event the court order results in a transfer of the minor
13respondent to another attendance center, a change in the
14respondent's placement, or a change of the respondent's
15program, the parents, guardian, or legal custodian of the
16respondent is responsible for transportation and other costs
17associated with the transfer or change.
18    (b-7) The court may order the parents, guardian, or legal
19custodian of a minor respondent to take certain actions or to
20refrain from taking certain actions to ensure that the
21respondent complies with the order. In the event the court
22orders a transfer of the respondent to another school, the
23parents or legal guardians of the respondent are responsible
24for transportation and other costs associated with the change
25of school by the respondent.
26    (c) Denial of a remedy may not be based, in whole or in

 

 

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1part, on evidence that:
2        (1) the respondent has cause for any use of force,
3    unless that cause satisfies the standards for justifiable
4    use of force provided by Article 7 of the Criminal Code of
5    2012;
6        (2) the respondent was voluntarily intoxicated;
7        (3) the petitioner acted in self-defense or defense of
8    another, provided that, if the petitioner utilized force,
9    such force was justifiable under Article 7 of the Criminal
10    Code of 2012;
11        (4) the petitioner did not act in self-defense or
12    defense of another;
13        (5) the petitioner left the residence or household to
14    avoid further non-consensual sexual conduct or
15    non-consensual sexual penetration by the respondent; or
16        (6) the petitioner did not leave the residence or
17    household to avoid further non-consensual sexual conduct
18    or non-consensual sexual penetration by the respondent.
19    (d) Monetary damages are not recoverable as a remedy.
20(Source: P.A. 101-255, eff. 1-1-20.)
 
21    Section 15. The Internet Dating, Internet Child Care,
22Internet Senior Care, and Internet Home Care Safety Act is
23amended by changing Section 5 as follows:
 
24    (815 ILCS 518/5)

 

 

SB3426- 8 -LRB101 15815 LNS 65907 b

1    Sec. 5. Definitions. As used in this Act:
2    "Criminal background screening" means a name search for a
3person's criminal convictions initiated by an Internet dating
4service provider, an Internet child care service provider, an
5Internet senior care service provider, or an Internet home care
6provider and conducted by:
7        (1) searching available and regularly updated
8    government public record databases for criminal
9    convictions so long as such databases, in the aggregate,
10    provide substantial national coverage; or
11        (2) searching a database maintained by a private vendor
12    that is regularly updated and is maintained in the United
13    States with substantial national coverage of criminal
14    history records and sexual offender registries.
15     "Internet dating service" means a person or entity in the
16business, for a fee, of providing dating, romantic
17relationship, or matrimonial services principally on or
18through the Internet.
19    "Internet child care service" means a person or entity, in
20the business, for a fee, of providing access to a database,
21principally on or through the Internet, of seekers and
22providers of child care services.
23    "Internet senior care service" means a person or entity in
24the business, for a fee, of providing access to a database,
25principally on or through the Internet, of seekers and
26providers of senior care services.

 

 

SB3426- 9 -LRB101 15815 LNS 65907 b

1    "Internet home care service" means a person or entity in
2the business, for a fee, of providing access to a database,
3principally on or through the Internet, of seekers and
4providers of domestic home care services including, dog
5walkers, pet sitters, housekeepers, house cleaners, house
6sitters, and tutors.
7    "Member" means a customer, client, or participant who
8submits to an Internet dating service, Internet child care
9service, Internet senior care service, or Internet home care
10service information required to access the service for the
11purpose of engaging in dating, relationship, compatibility,
12matrimonial, or social, child care, senior care, or home care
13referral.
14    "Illinois member" means a member who provides an Illinois
15billing address or zip code when registering with the service.
16    "Criminal conviction" means a conviction for any crime
17including but not limited to any sex offense that would qualify
18the offender for registration pursuant to the Sex Offender
19Registration Act or under another jurisdiction's equivalent
20statute.
21(Source: P.A. 97-1056, eff. 8-24-12; 98-458, eff. 8-16-13.)
 
22    Section 20. The Dating Referral Services Act is amended by
23changing Section 15 as follows:
 
24    (815 ILCS 615/15)  (from Ch. 29, par. 1051-15)

 

 

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1    Sec. 15. Written contract required. Every contract for
2dating referral services shall be in writing and shall be
3subject to this Act. All provisions, requirements, and
4prohibitions that are mandated by this Act and the Internet
5Dating, Internet Child Care, Internet Senior Care, and Internet
6Home Care Safety Act shall be contained in the written contract
7before it is signed by the customer. A copy of the written
8contract shall be given to the customer at the time the
9customer signs the contract. Dating referral enterprises shall
10maintain original copies of all contracts for services for as
11long as the contracts are in effect and for a period of 3 years
12thereafter.
13(Source: P.A. 87-450.)