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| Public Act 097-0468 | ||||
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AN ACT concerning sex offenders.
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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 Criminal Code of 1961 is amended by changing | ||||
Section 12-7.4 as follows:
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(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
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(Text of Section after amendment by P.A. 96-1551)
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Sec. 12-7.4. Aggravated stalking.
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(a) A person commits
aggravated stalking when he or she | ||||
commits stalking and:
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(1) causes bodily harm to the victim;
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(2) confines or restrains the victim; or
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(3) violates a temporary
restraining order, an order of | ||||
protection, a stalking no contact order, a civil no contact | ||||
order, or an injunction
prohibiting the behavior described | ||||
in
subsection (b)(1) of Section 214 of the Illinois | ||||
Domestic Violence Act of 1986.
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(a-1) A person commits
aggravated stalking when he or she | ||||
is required to register under the Sex Offender Registration Act | ||||
or has been previously required to register under that Act and | ||||
commits the offense of stalking when the victim of the stalking | ||||
is also the victim of the offense for which the sex offender is | ||||
required to register under the Sex Offender Registration Act or | ||||
a family member of the victim. | ||
(b) Sentence. Aggravated stalking is a Class 3 felony; a | ||
second or
subsequent conviction is a Class 2
felony.
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(c) 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 managing or maintenance 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 of 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.
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(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11.)
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