Bill Text: IL SB3426 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3426 Detail]

Download: Illinois-2019-SB3426-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3426 Introduced 2/13/2020, 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
SB3426 LRB101 15815 LNS 65907 b
AN ACT concerning civil law.
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, or threatens a person,
workplace, school, or place of worship, 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; placing an
object on, or delivering an object to, property owned, leased,
or occupied by the victim; electronic communication as defined
in Section 26.5-0.1 of the Criminal Code of 2012; and appearing
at the prohibited workplace, school, or place of worship.
"Petitioner" means any named petitioner for the stalking no
contact order or any named victim of stalking on whose behalf
the petition is brought. "Petitioner" includes an authorized
agent of a place of employment, an authorized agent of a place
of worship, or an authorized agent of a school.
"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, the safety of a workplace, school, or
place of worship, 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

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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.
"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. 100-1000, eff. 1-1-19.)
Section 10. The Civil No Contact Order Act is amended by
changing Section 213 as follows:
(740 ILCS 22/213)
Sec. 213. Civil no contact order; remedies.
(a) If the court finds that the petitioner has been a
victim of non-consensual sexual conduct or non-consensual
sexual penetration, a civil no contact order shall issue;
provided that the petitioner must also satisfy the requirements
of Section 214 on emergency orders or Section 215 on plenary
orders. The petitioner shall not be denied a civil no contact
order because the petitioner or the respondent is a minor. The
court, when determining whether or not to issue a civil no
contact order, may not require physical injury on the person of
the victim. Modification and extension of prior civil no
contact orders shall be in accordance with this Act.

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

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same public or private elementary, middle, or high school, the
court when issuing a civil no contact order and providing
relief shall consider the severity of the act, any continuing
physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a transfer of
the respondent to another school, a change of placement or a
change of program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school, and any other relevant
facts of the case. The court may order that the respondent not
attend the public, private, or non-public elementary, middle,
or high school attended by the petitioner, order that the
respondent accept a change of placement or program, as
determined by the school district or private or non-public
school, or place restrictions on the respondent's movements
within the school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of
the respondent is not available. The respondent also bears the
burden of production with respect to the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public

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school's transfer, change of placement, or change of program or
solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private or
non-public school shall have sole discretion to determine the
attendance center to which the respondent is transferred. In
the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(b-7) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents or legal guardians of the respondent are responsible
for transportation and other costs associated with the change
of school by the respondent.
(c) Denial of a remedy may not be based, in whole or in

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

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

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

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