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Public Act 100-1000
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| SB3411 Enrolled | LRB100 19997 HEP 35278 b |
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AN ACT concerning civil 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 Stalking No Contact Order Act is amended by |
changing Sections 5, 10, and 15 as follows:
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(740 ILCS 21/5)
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Sec. 5. Purpose. Stalking generally refers to a course of |
conduct, not a single act. Stalking behavior includes following |
a person, conducting surveillance of the person, appearing at |
the person's home, work or school, making unwanted phone calls, |
sending unwanted emails, unwanted messages via social media, or |
text messages, leaving objects for the person, vandalizing the |
person's property, or injuring a pet. Stalking is a serious |
crime. Victims experience fear for their safety, fear for the |
safety of others and suffer emotional distress. Many victims |
alter their daily routines to avoid the persons who are |
stalking them. Some victims are in such fear that they relocate |
to another city, town or state. While estimates suggest that |
70% of victims know the individuals stalking them, only 30% of |
victims have dated or been in intimate relationships with their |
stalkers. All stalking victims should be able to seek a civil |
remedy requiring the offenders stay away from the victims and |
third parties.
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(Source: P.A. 96-246, eff. 1-1-10.)
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(740 ILCS 21/10)
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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, or |
communicates to or about, 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 |
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 |
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an object on, or delivering an object to, property owned, |
leased, or occupied by the victim; 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 |
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 |
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plenary order granted under this Act, which includes a remedy |
authorized by Section 80 of this Act.
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(Source: P.A. 96-246, eff. 1-1-10.)
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(740 ILCS 21/15)
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Sec. 15. Persons protected by this Act. A petition for a |
stalking no contact order may be filed when relief is not |
available to the petitioner under the Illinois Domestic |
Violence Act of 1986: |
(1) by any person who is a victim of stalking; or |
(2) by a person on behalf of a minor child or an adult |
who is a victim of stalking but, because of age, |
disability, health, or inaccessibility, cannot file the |
petition; . |
(3) by an authorized agent of a workplace; |
(4) by an authorized agent of a place of worship; or |
(5) by an authorized agent of a school.
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(Source: P.A. 96-246, eff. 1-1-10.)
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