Bill Text: IL HB4506 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Stalking No Contact Order Act. Provides that stalking does not include an exercise of the right to free speech or assembly that is otherwise lawful or picketing that is otherwise lawful (rather than, "an exercise of the right to free speech or assembly that is otherwise lawful or picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including 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"). Amends the Criminal Code of 2012. Provides that a person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person (rather than, in addition, to suffer other emotional distress). Provides that a person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to fear for his or her safety (rather than, in addition, to suffer other emotional distress). Effective immediately.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4506 Detail]

Download: Illinois-2017-HB4506-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4506 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED:
740 ILCS 21/10
720 ILCS 5/12-7.3 from Ch. 38, par. 12-7.3
720 ILCS 5/12-7.5
Amends the Stalking No Contact Order Act. Provides that stalking does not include an exercise of the right to free speech or assembly that is otherwise lawful or picketing that is otherwise lawful (rather than, "an exercise of the right to free speech or assembly that is otherwise lawful or picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including 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"). Amends the Criminal Code of 2012. Provides that a person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person (rather than, in addition, to suffer other emotional distress). Provides that a person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to fear for his or her safety (rather than, in addition, to suffer other emotional distress). Effective immediately.
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A BILL FOR
HB4506 LRB100 18625 SLF 33850 b
AN ACT concerning stalking.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Stalking No Contact Order Act is amended by
changing Section 10 as follows:
(740 ILCS 21/10)
Sec. 10. Definitions. For the purposes of this Act:
"Course of conduct" means 2 or more acts, including but not
limited to acts in which a respondent directly, indirectly, or
through third parties, by any action, method, device, or means
follows, monitors, observes, surveils, threatens, or
communicates to or about, a person, engages in other contact,
or interferes with or damages a person's property or pet. A
course of conduct may include contact via electronic
communications. The incarceration of a person in a penal
institution who commits the course of conduct is not a bar to
prosecution under this Section.
"Emotional distress" means significant mental suffering,
anxiety or alarm.
"Contact" includes any contact with the victim, that is
initiated or continued without the victim's consent, or that is
in disregard of the victim's expressed desire that the contact
be avoided or discontinued, including but not limited to being

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in the physical presence of the victim; appearing within the
sight of the victim; approaching or confronting the victim in a
public place or on private property; appearing at the workplace
or residence of the victim; entering onto or remaining on
property owned, leased, or occupied by the victim; or placing
an object on, or delivering an object to, property owned,
leased, or occupied by the victim.
"Petitioner" means any named petitioner for the stalking no
contact order or any named victim of stalking on whose behalf
the petition is brought.
"Reasonable person" means a person in the petitioner's
circumstances with the petitioner's knowledge of the
respondent and the respondent's prior acts.
"Stalking" means engaging in a course of conduct directed
at a specific person, and he or she knows or should know that
this course of conduct would cause a reasonable person to fear
for his or her safety or the safety of a third person or suffer
emotional distress. Stalking does not include an exercise of
the right to free speech or assembly that is otherwise lawful
or picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute, including
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.

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"Stalking No Contact Order" means an emergency order or
plenary order granted under this Act, which includes a remedy
authorized by Section 80 of this Act.
(Source: P.A. 96-246, eff. 1-1-10.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 12-7.3 and 12-7.5 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
engages in a course of conduct directed at a specific person,
and he or she knows or should know that this course of conduct
would cause a reasonable person to: (1) fear for his or her
safety or the safety of a third person; or (2) suffer other
emotional distress.
(a-3) 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,

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confinement or restraint to or of that person or a family
member of that person.
(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 to that
person or a family member of that person.
(b) Sentence. Stalking is a Class 4 felony; a second or
subsequent conviction is a Class 3 felony.
(c) Definitions. For purposes of this Section:
(1) "Course of conduct" means 2 or more acts, including
but not limited to acts in which a defendant directly,
indirectly, or through third parties, by any action,
method, device, or means follows, monitors, observes,
surveils, threatens, or communicates to or about, a person,
engages in other non-consensual contact, or interferes
with or damages a person's property or pet. A course of
conduct may include contact via electronic communications.
(2) "Electronic communication" means any transfer of
signs, signals, writings, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions

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by a computer through the Internet to another computer.
(3) (Blank). "Emotional distress" means significant
mental suffering, anxiety or alarm.
(4) "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.
(5) "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.
(6) "Non-consensual contact" means any contact with
the victim that is initiated or continued without the
victim's consent, including but not limited to being in the
physical presence of the victim; appearing within the sight
of the victim; approaching or confronting the victim in a
public place or on private property; appearing at the
workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; or placing an object on, or delivering an object
to, property owned, leased, or occupied by the victim.

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(7) "Places a person under surveillance" means: (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.
(8) "Reasonable person" means a person in the victim's
situation.
(9) "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.
(d) Exemptions.
(1) This Section does not apply to any individual or
organization (i) monitoring or attentive to compliance
with public or worker safety laws, wage and hour
requirements, or other statutory requirements, or (ii)
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including 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.
(2) This Section does not apply to an exercise of the
right to free speech or assembly that is otherwise lawful.

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(3) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers
and hosting service providers, are not liable under this
Section, except for willful and wanton misconduct, by
virtue of the transmission, storage, or caching of
electronic communications or messages of others or by
virtue of the provision of other related
telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(d-5) The incarceration of a person in a penal institution
who commits the course of conduct or transmits a threat is not
a bar to prosecution under this Section.
(d-10) A defendant who directed the actions of a third
party to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
(720 ILCS 5/12-7.5)
Sec. 12-7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she engages

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in a course of conduct using electronic communication directed
at a specific person, and he or she knows or should know that
would cause a reasonable person to: (1) fear for his or her
safety or the safety of a third person; or (2) suffer other
emotional distress.
(a-3) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication 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 or a family member of that
person in reasonable apprehension of immediate or future
bodily harm, sexual assault, confinement, or restraint; or
(3) at any time knowingly solicits the commission of an
act by any person which would be a violation of this Code
directed towards that person or a family member of that
person.
(a-4) A person commits cyberstalking when he or she
knowingly, surreptitiously, and without lawful justification,
installs or otherwise places electronic monitoring software or
spyware on an electronic communication device as a means to
harass another person and:
(1) at any time transmits a threat of immediate or

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future bodily harm, sexual assault, confinement, or
restraint and the threat is directed towards that person or
a family member of that person;
(2) places that person or a family member of that
person in reasonable apprehension of immediate or future
bodily harm, sexual assault, confinement, or restraint; or
(3) at any time knowingly solicits the commission of an
act by any person which would be a violation of this Code
directed towards that person or a family member of that
person.
For purposes of this Section, an installation or placement
is not surreptitious if:
(1) with respect to electronic software, hardware, or
computer applications, clear notice regarding the use of
the specific type of tracking software or spyware is
provided by the installer in advance to the owners and
primary users of the electronic software, hardware, or
computer application; or
(2) written or electronic consent of all owners and
primary users of the electronic software, hardware, or
computer application on which the tracking software or
spyware will be installed has been sought and obtained
through a mechanism that does not seek to obtain any other
approvals or acknowledgement from the owners and primary
users.
(a-5) A person commits cyberstalking when he or she,

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knowingly and without lawful justification, creates and
maintains an Internet website or webpage which is accessible to
one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:
(1) which communicates a threat of immediate or future
bodily harm, sexual assault, confinement, or restraint,
where the threat is directed towards that person or a
family member of that person, or
(2) which places that person or a family member of that
person in reasonable apprehension of immediate or future
bodily harm, sexual assault, confinement, or restraint, or
(3) which knowingly solicits the commission of an act
by any person which would be a violation of this Code
directed towards that person or a family member of that
person.
(b) Sentence. Cyberstalking is a Class 4 felony; a second
or subsequent conviction is a Class 3 felony.
(c) For purposes of this Section:
(1) "Course of conduct" means 2 or more acts, including
but not limited to acts in which a defendant directly,
indirectly, or through third parties, by any action,
method, device, or means follows, monitors, observes,
surveils, threatens, or communicates to or about, a person,
engages in other non-consensual contact, or interferes
with or damages a person's property or pet. The
incarceration in a penal institution of a person who

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commits the course of conduct is not a bar to prosecution
under this Section.
(2) "Electronic communication" means any transfer of
signs, signals, writings, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions
through an electronic device including, but not limited to,
a telephone, cellular phone, computer, or pager, which
communication includes, but is not limited to, e-mail,
instant message, text message, or voice mail.
(2.1) "Electronic communication device" means an
electronic device, including, but not limited to, a
wireless telephone, personal digital assistant, or a
portable or mobile computer.
(2.2) "Electronic monitoring software or spyware"
means software or an application that surreptitiously
tracks computer activity on a device and records and
transmits the information to third parties with the intent
to cause injury or harm. For the purposes of this paragraph
(2.2), "intent to cause injury or harm" does not include
activities carried out in furtherance of the prevention of
fraud or crime or of protecting the security of networks,
online services, applications, software, other computer
programs, users, or electronic communication devices or
similar devices.

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(3) (Blank). "Emotional distress" means significant
mental suffering, anxiety or alarm.
(4) "Harass" means to engage in a knowing and willful
course of conduct directed at a specific person that
alarms, torments, or terrorizes that person.
(5) "Non-consensual contact" means any contact with
the victim that is initiated or continued without the
victim's consent, including but not limited to being in the
physical presence of the victim; appearing within the sight
of the victim; approaching or confronting the victim in a
public place or on private property; appearing at the
workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; or placing an object on, or delivering an object
to, property owned, leased, or occupied by the victim.
(6) "Reasonable person" means a person in the victim's
circumstances, with the victim's knowledge of the
defendant and the defendant's prior acts.
(7) "Third party" means any person other than the
person violating these provisions and the person or persons
towards whom the violator's actions are directed.
(d) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the

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transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(e) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(f) It is not a violation of this Section to:
(1) provide, protect, maintain, update, or upgrade
networks, online services, applications, software, other
computer programs, electronic communication devices, or
similar devices under the terms of use applicable to those
networks, services, applications, software, programs, or
devices;
(2) interfere with or prohibit terms or conditions in a
contract or license related to networks, online services,
applications, software, other computer programs,
electronic communication devices, or similar devices; or
(3) create any liability by reason of terms or
conditions adopted, or technical measures implemented, to
prevent the transmission of unsolicited electronic mail or
communications.

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(Source: P.A. 100-166, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.