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91_HB3051eng HB3051 Engrossed LRB9108877RCprA 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 12-7.3 and 12-7.4. 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 Sections 12-7.3 and 12-7.4 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 another person or places the person under 12 surveillance or any combination thereof and: 13 (1) at any time transmits a threat of immediate or 14 future bodily harm, sexual assault, confinement or 15 restraint and the threat is directed towards that person 16 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 (a-5) A person commits stalking when he or she purposely 24 and repeatedly harasses another person or follows another 25 person with the intent of harassing that person. 26 (b) Sentence. Stalking is a Class 4 felony. A second or 27 subsequent conviction for stalking is a Class 3 felony. 28 (b-5) The incarceration of a person in a penal 29 institution who transmits a threat is not a bar to 30 prosecution under this Section. 31 (c) Exemption. This Section does not apply to picketing HB3051 Engrossed -2- LRB9108877RCprA 1 occurring at the workplace that is otherwise lawful and 2 arises out of a bona fide labor dispute, or any exercise of 3 the right of free speech or assembly that is otherwise 4 lawful. 5 (d) For the purpose of this Section, a defendant "places 6 a person under surveillance" by remaining present outside the 7 person's school, place of employment, vehicle, other place 8 occupied by the person, or residence other than the residence 9 of the defendant. 10 (e) For the purpose of this Section, "follows another 11 person" means (i) to move in relative proximity to a person 12 as that person moves from place to place or (ii) to remain in 13 relative proximity to a person who is stationary or whose 14 movements are confined to a small area. "Follows another 15 person" does not include a following within the residence of 16 the defendant. 17 (f) For the purposes of this Section and Section 12-7.4, 18 "bona fide labor dispute" means any controversy concerning 19 wages, salaries, hours, working conditions, or benefits, 20 including health and welfare, sick leave, insurance, and 21 pension or retirement provisions, the making or maintaining 22 of collective bargaining agreements, and the terms to be 23 included in those agreements. 24 (g) For the purposes of this Section, "transmits a 25 threat" means a verbal or written threat or a threat implied 26 by a pattern of conduct or a combination of verbal or written 27 statements or conduct. 28 (h) For the purposes of this Section, "family member" 29 means a parent, grandparent, brother, sister, or child, 30 whether by whole blood, half-blood, or adoption and includes 31 a step-grandparent, step-parent, step-brother, step-sister or 32 step-child. "Family member" also means any other person who 33 regularly resides in the household, or who, within the prior 34 6 months, regularly resided in the household. HB3051 Engrossed -3- LRB9108877RCprA 1 (i) For the purposes of this Section and Section 12-7.4: 2 (1) "Course of conduct" means a pattern of conduct 3 composed of a series of acts over a period of time, 4 however short, evidencing a continuity of purpose. 5 "Course of conduct" does not include constitutionally 6 protected activity, such as picketing or other organized 7 protests. 8 (2) "Harass" means to engage in a course of conduct 9 directed at a specific person that serves no legitimate 10 purpose, that would cause a reasonable person to suffer 11 substantial emotional distress, and that actually causes 12 substantial emotional distress to that person. 13 (Source: P.A. 91-640, eff. 8-20-99.) 14 (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4) 15 Sec. 12-7.4. Aggravated stalking. 16 (a) A person commits aggravated stalking when he or she, 17 in conjunction with committing the offense of stalking, also 18 does any of the following: 19 (1) causes bodily harm to the victim; 20 (2) confines or restrains the victim; or 21 (3) violates a temporary restraining order, an 22 order of protection, or an injunction prohibiting the 23 behavior described in subsection (b)(1) of Section 214 of 24 the Illinois Domestic Violence Act of 1986. 25 (a-5) A person commits aggravated stalking when he or 26 she: 27 (1) (i) purposely and repeatedly follows another 28 person with the intent of harassing that person or 29 (ii) harasses another person; and 30 (2) makes a credible threat with the intent to 31 place that other person in reasonable fear of death or 32 serious physical injury. 33 (b) Sentence. Aggravated stalking is a Class 3 felony. HB3051 Engrossed -4- LRB9108877RCprA 1 A second or subsequent conviction for aggravated stalking is 2 a Class 2 felony. 3 (c) Exemption. This Section does not apply to picketing 4 occurring at the workplace that is otherwise lawful and 5 arises out of a bona fide labor dispute, or any exercise of 6 the right of free speech or assembly that is otherwise 7 lawful. 8 (d) For purposes of this Section, "bona fide labor 9 dispute" has the meaning ascribed to it in Section 12-7.3. 10 (e) For purposes of this Section, "credible threat" 11 means a threat made with the intent to cause the person who 12 is the target of the threat to reasonably fear for his or her 13 safety. The threat must be either a threat against the life 14 of the person or a threat to cause physical injury to the 15 person. 16 (f) For purposes of this Section, "course of conduct" 17 and "harass" have the meanings ascribed to them in Section 18 12-7.3. 19 (Source: P.A. 88-402; 88-677, eff. 12-15-94; 89-377, eff. 20 8-18-95.)