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91_HB4621
LRB9113272RCpk
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 another person or places the person under
12 surveillance, either overtly or through the use of a computer
13 or other electronic means, or any combination of following
14 the other person or placing the person under surveillance
15 thereof and:
16 (1) at any time transmits a threat of immediate or
17 future bodily harm, sexual assault, confinement or
18 restraint and the threat is directed towards that person
19 or a family member of that person; or
20 (2) places that person in reasonable apprehension
21 of immediate or future bodily harm, sexual assault,
22 confinement or restraint; or
23 (3) places that person in reasonable apprehension
24 that a family member will receive immediate or future
25 bodily harm, sexual assault, confinement, or restraint.
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
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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 made by
26 use of a computer or other electronic means or a threat
27 implied by a pattern of conduct or a combination of verbal or
28 written statements or statements made by computer or other
29 electronic means or conduct.
30 (h) 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
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1 regularly resides in the household, or who, within the prior
2 6 months, regularly resided in the household.
3 (Source: P.A. 91-640, eff. 8-20-99.)
4 Section 99. Effective date. This Act takes effect
5 January 1, 2001.