Rep. Robert F. Flider

Filed: 5/8/2008





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2     AMENDMENT NO. ______. Amend House Bill 4198, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 5. The Harassing and Obscene Communications Act is
6 amended by changing Sections 1-2 and 2 as follows:
7     (720 ILCS 135/1-2)
8     Sec. 1-2. Harassment through electronic communications.
9     (a) Harassment through electronic communications is the
10 use of electronic communication for any of the following
11 purposes:
12         (1) Making any comment, request, suggestion or
13     proposal which is obscene with an intent to offend;
14         (2) Interrupting, with the intent to harass, the
15     telephone service or the electronic communication service
16     of any person;



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1         (3) Transmitting to any person, with the intent to
2     harass and regardless of whether the communication is read
3     in its entirety or at all, any file, document, or other
4     communication which prevents that person from using his or
5     her telephone service or electronic communications device;
6         (3.1) Transmitting an electronic communication or
7     knowingly inducing a person to transmit an electronic
8     communication for the purpose of harassing another person
9     who is under 13 years of age, regardless of whether the
10     person under 13 years of age consents to the harassment, if
11     the defendant is at least 16 years of age at the time of
12     the commission of the offense;
13         (3.5) Electronically communicating directly with
14     another person with the intent to commit a violation of
15     Article 11 or Article 12 of the Criminal Code of 1961 with
16     that person, and when the person initiating the
17     communication is 18 years of age or older and the party
18     communicated with is, or is believed to be, under 18 years
19     of age;
20         (4) Threatening injury to the person or to the property
21     of the person to whom an electronic communication is
22     directed or to any of his or her family or household
23     members; or
24         (5) Knowingly permitting any electronic communications
25     device to be used for any of the purposes mentioned in this
26     subsection (a).



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1     (a-5) Telecommunications carriers, commercial mobile
2 service providers, and providers of information services,
3 including, but not limited to, Internet service providers and
4 hosting service providers, are not liable under this Section,
5 except for willful and wanton misconduct, by virtue of the
6 transmission, storage, or caching of electronic communications
7 or messages of others or by virtue of the provision of other
8 related telecommunications, commercial mobile services, or
9 information services used by others in violation of this
10 Section.
11     (b) As used in this Act:
12         (1) "Electronic communication" means any transfer of
13     signs, signals, writings, images, sounds, data or
14     intelligence of any nature transmitted in whole or in part
15     by a wire, radio, electromagnetic, photoelectric or
16     photo-optical system.
17         (2) "Family or household member" includes spouses,
18     former spouses, parents, children, stepchildren and other
19     persons related by blood or by present or prior marriage,
20     persons who share or formerly shared a common dwelling,
21     persons who have or allegedly share a blood relationship
22     through a child, persons who have or have had a dating or
23     engagement relationship, and persons with disabilities and
24     their personal assistants. For purposes of this Act,
25     neither a casual acquaintanceship nor ordinary
26     fraternization between 2 individuals in business or social



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1     contexts shall be deemed to constitute a dating
2     relationship.
3 (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)
4     (720 ILCS 135/2)  (from Ch. 134, par. 16.5)
5     Sec. 2. Sentence.
6     (a) Except as provided in subsection (b), a person who
7 violates any of the provisions of Section 1, 1-1, or 1-2 of
8 this Act is guilty of a Class B misdemeanor. Except as provided
9 in subsection (b), a second or subsequent violation of Section
10 1, 1-1, or 1-2 of this Act is a Class A misdemeanor, for which
11 the court shall impose a minimum of 14 days in jail or, if
12 public or community service is established in the county in
13 which the offender was convicted, 240 hours of public or
14 community service.
15     (b) In any of the following circumstances, a person who
16 violates Section 1, 1-1, or 1-2 of this Act shall be guilty of
17 a Class 4 felony:
18         (1) The person has 3 or more prior violations in the
19     last 10 years of harassment by telephone under Section 1-1
20     of this Act, harassment through electronic communications
21     under Section 1-2 of this Act, or any similar offense of
22     any state;
23         (2) The person has previously violated the harassment
24     by telephone provisions of Section 1-1 of this Act or the
25     harassment through electronic communications provisions of



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1     Section 1-2 of this Act or committed any similar offense in
2     any state with the same victim or a member of the victim's
3     family or household;
4         (3) At the time of the offense, the offender was under
5     conditions of bail, probation, mandatory supervised
6     release or was the subject of an order of protection, in
7     this or any other state, prohibiting contact with the
8     victim or any member of the victim's family or household;
9         (4) In the course of the offense, the offender
10     threatened to kill the victim or any member of the victim's
11     family or household;
12         (5) The person has been convicted in the last 10 years
13     of a forcible felony as defined in Section 2-8 of the
14     Criminal Code of 1961; or
15         (6) The person violates paragraph (4.1) of Section 1-1
16     or paragraph (3.1) or (3.5) of subsection (a) of Section
17     1-2.
18 (Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01.)".