Public Act 103-0760
 
SB2683 EnrolledLRB103 36494 LNS 66600 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 Sections 10 and 80 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 
using any electronic tracking system or acquiring tracking 
information to determine the targeted person's location, 
movement, or travel patterns. A course of conduct may also 
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; 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 
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. 102-220, eff. 1-1-22.)
 
    (740 ILCS 21/80)
    Sec. 80. Stalking no contact orders; remedies.
    (a) If the court finds that the petitioner has been a 
victim of stalking, a stalking no contact order shall issue; 
provided that the petitioner must also satisfy the 
requirements of Section 95 on emergency orders or Section 100 
on plenary orders. The petitioner shall not be denied a 
stalking no contact order because the petitioner or the 
respondent is a minor. The court, when determining whether or 
not to issue a stalking no contact order, may not require 
physical injury on the person of the petitioner. Modification 
and extension of prior stalking no contact orders shall be in 
accordance with this Act.
    (b) A stalking no contact order shall order one or more of 
the following:
        (1) prohibit the respondent from threatening to commit 
    or committing stalking;
        (2) order the respondent not to have any contact with 
    the petitioner or a third person specifically named by the 
    court;
        (3) prohibit the respondent from knowingly coming 
    within, or knowingly remaining within a specified distance 
    of the petitioner or the petitioner's residence, school, 
    daycare, or place of employment, or any specified place 
    frequented by the petitioner; however, the court may order 
    the respondent to stay away from the respondent's own 
    residence, school, or place of employment only if the 
    respondent has been provided actual notice of the 
    opportunity to appear and be heard on the petition;
        (4) prohibit the respondent from possessing a Firearm 
    Owners Identification Card, or possessing or buying 
    firearms; and
        (5) prohibit the respondent from using any electronic 
    tracking system or acquiring tracking information to 
    determine the petitioner's location, movement, or travel 
    pattern; and 
        (6) (5) order other injunctive relief the court 
    determines to be necessary to protect the petitioner or 
    third party specifically named by the court.
    (b-5) When the petitioner and the respondent attend the 
same public, private, or non-public elementary, middle, or 
high school, the court when issuing a stalking 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 
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-6) 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, guardian, or legal custodian of the respondent are 
responsible for transportation and other costs associated with 
the change of school by the respondent. 
    (b-7) The court shall not hold a school district or 
private or non-public school or any of its employees in civil 
or criminal contempt unless the school district or private or 
non-public school has been allowed to intervene.
    (b-8) The court may hold the parents, guardian, or legal 
custodian of a minor respondent in civil or criminal contempt 
for a violation of any provision of any order entered under 
this Act for conduct of the minor respondent in violation of 
this Act if the parents, guardian, or legal custodian 
directed, encouraged, or assisted the respondent minor in such 
conduct. 
    (c) The court may award the petitioner costs and attorneys 
fees if a stalking no contact order is granted.
    (d) Monetary damages are not recoverable as a remedy.
    (e) If the stalking no contact order prohibits the 
respondent from possessing a Firearm Owner's Identification 
Card, or possessing or buying firearms; the court shall 
confiscate the respondent's Firearm Owner's Identification 
Card and immediately return the card to the Illinois State 
Police Firearm Owner's Identification Card Office. 
(Source: P.A. 102-538, eff. 8-20-21.)