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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB2310eng HB2310 Engrossed LRB9104790RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-7.3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 12-7.3 as follows: 7 (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3) 8 Sec. 12-7.3. Stalking. 9 (a) A person commits stalking when he or she, knowingly 10 and without lawful justification, on at least 2 separate 11 occasions follows or harasses another person or places the 12 person under surveillance or any combination thereof and: 13 (1) at any time transmits a threatto that person14 of immediate or future bodily harm, sexual assault, 15 confinement or restraint and the threat is directed 16 towards that person or a family member of that person; or 17 (2) places that person in reasonable apprehension 18 of immediate or future bodily harm, sexual assault, 19 confinement or restraint; or.20 (3) places that person in reasonable apprehension 21 that a family member will receive immediate or future 22 bodily harm, sexual assault, confinement, or restraint. 23 (b) Sentence. Stalking is a Class 4 felony. A second or 24 subsequent conviction for stalking is a Class 3 felony. 25 (b-5) The incarceration of a person in a penal 26 institution who transmits a threat is not a bar to 27 prosecution under this Section. 28 (c) Exemption. This Section does not apply to picketing 29 occurring at the workplace that is otherwise lawful and 30 arises out of a bona fide labor dispute, or any exercise of 31 the right of free speech or assembly that is otherwise HB2310 Engrossed -2- LRB9104790RCks 1 lawful. 2 (d) For the purpose of this Section, a defendant "places 3 a person under surveillance" by remaining present outside the 4 person's school, place of employment, vehicle, other place 5 occupied by the person, or residence other than the residence 6 of the defendant. 7 (e) For the purpose of this Section, "follows another 8 person" means (i) to move in relative proximity to a person 9 as that person moves from place to place or (ii) to remain in 10 relative proximity to a person who is stationary or whose 11 movements are confined to a small area. "Follows another 12 person" does not include a following within the residence of 13 the defendant. 14 (f) For the purposes of this Section and Section 12-7.4, 15 "bona fide labor dispute" means any controversy concerning 16 wages, salaries, hours, working conditions, or benefits, 17 including health and welfare, sick leave, insurance, and 18 pension or retirement provisions, the making or maintaining 19 of collective bargaining agreements, and the terms to be 20 included in those agreements. 21 (g) For the purposes of this Section, "harasses" means 22 knowing conduct that is not necessary to accomplish a purpose 23 which is reasonable under the circumstances; would cause a 24 reasonable person emotional distress; and does cause 25 emotional distress to the person. 26 (h) For the purposes of this Section, "transmits a 27 threat" means a verbal or written threat or a threat implied 28 by a pattern of conduct or a combination of verbal or written 29 statements or conduct. 30 (i) For the purposes of this Section, "family member" 31 means a parent, grandparent, brother, sister, or child, 32 whether by whole blood, half-blood, or adoption and includes 33 a step-grandparent, step-parent, step-brother, step-sister or 34 step-child. "Family member" also means any other person who HB2310 Engrossed -3- LRB9104790RCks 1 regularly resides in the household, or who, within the prior 2 6 months, regularly resided in the household. 3 (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff. 4 8-18-95.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.