Public Act 095-0033
 
HB0006 Enrolled LRB095 03374 RLC 23378 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 12-7.3 as follows:
 
    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
    Sec. 12-7.3. Stalking.
    (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:
        (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
        (2) places that person in reasonable apprehension of
    immediate or future bodily harm, sexual assault,
    confinement or restraint; or
        (3) places that person in reasonable apprehension that
    a family member will receive immediate or future bodily
    harm, sexual assault, confinement, or restraint.
    (a-5) A person commits stalking when he or she has
previously been convicted of stalking another person and
knowingly and without lawful justification on one occasion:
        (1) follows that same person or places that same person
    under surveillance; and
        (2) transmits a threat of immediate or future bodily
    harm, sexual assault, confinement or restraint; and
        (3) the threat is directed towards that person or a
    family member of that person.
    (b) Sentence. Stalking is a Class 4 felony. A second or
subsequent conviction for stalking is a Class 3 felony.
    (b-5) The incarceration of a person in a penal institution
who transmits a threat is not a bar to prosecution under this
Section.
    (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.
    (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.
    (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
movements are confined to a small area. "Follows another
person" does not include a following within the residence of
the defendant.
    (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
pension or retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be included
in those agreements.
    (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.
    (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
regularly resides in the household, or who, within the prior 6
months, regularly resided in the household.
(Source: P.A. 91-640, eff. 8-20-99; 92-827, eff. 8-22-02.)

Effective Date: 1/1/2008