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.)