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Public Act 095-0033
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| HB0006 Enrolled |
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 |
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 |
without
lawful justification, on at least 2 separate occasions |
follows
another person
or places the person under surveillance |
or any combination thereof and:
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(1) at any time transmits a threat of immediate or |
future bodily harm, sexual
assault, confinement or |
restraint and the threat is directed towards that
person or |
a family member of that
person; or
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(2) places that person in reasonable apprehension of |
immediate or future
bodily harm, sexual assault, |
confinement or restraint; or
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(3) places that person in reasonable apprehension that |
a family member
will receive immediate or future bodily |
harm, sexual assault, confinement, or
restraint.
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(a-5) A person commits stalking when he or she has |
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 |
under
surveillance; and
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(2) transmits a threat of immediate or future bodily |
harm, sexual
assault, confinement or restraint; and
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(3) the threat is directed towards that person or a |
family member of
that person.
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(b) Sentence.
Stalking is a Class 4 felony. A second or |
subsequent
conviction for stalking is a Class 3 felony.
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(b-5) The incarceration of a person in a penal institution |
who transmits a
threat is not a bar to prosecution under this |
Section.
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(c) Exemption. This Section does not apply to picketing |
occurring at
the workplace that is otherwise lawful and arises |
out of a bona fide labor
dispute, or any exercise of the right |
of free speech or assembly that is
otherwise lawful.
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(d) For the purpose of this Section, a defendant "places a |
person under
surveillance" by: (1) remaining present outside |
the person's school, place of
employment, vehicle, other place |
occupied by the person, or residence other
than the residence |
of the defendant; or (2) placing an electronic tracking device |
on the person or the person's property.
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(e) For the purpose of this Section,
"follows another |
person" means (i) to
move in relative proximity to a person as |
that person moves from place to place
or (ii) to remain in |
relative proximity to a person who is stationary or whose
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movements are confined to a small area.
"Follows another |
person" does not
include a following within the residence of |
the defendant.
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(f) For the purposes of this Section and Section 12-7.4, |
"bona fide labor
dispute" means any controversy concerning |
wages, salaries, hours, working
conditions, or benefits, |
including health and welfare, sick leave, insurance,
and
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pension or retirement provisions, the making or maintaining of |
collective
bargaining agreements, and the terms to be included |
in those agreements.
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(g) For the purposes of this Section, "transmits a threat" |
means a verbal
or
written threat or a threat implied by a |
pattern of conduct or a combination of
verbal or written |
statements or conduct.
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(h) For the purposes of this Section, "family member" means |
a parent,
grandparent, brother, sister, or child, whether by |
whole blood, half-blood, or
adoption and includes a |
step-grandparent, step-parent, step-brother,
step-sister or |
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 |
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.)
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