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| [ Introduced ] | [ Senate Amendment 003 ] |
92_HB4047eng HB4047 Engrossed LRB9215539RCcd 1 AN ACT in relation to stalking. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by adding 5 Sections 12-7.7, 12-7.8, and 12-30.5 as follows: 6 (720 ILCS 5/12-7.7 new) 7 Sec. 12-7.7. Action for issuance or violation of stalking 8 protective order. 9 (a) A person may bring a civil action in a circuit court 10 for a court's stalking protective order against a person if: 11 (1) The person intentionally, knowingly, or 12 recklessly engages in repeated and unwanted contact with 13 the other person or a member of that person's immediate 14 family or household thereby alarming or coercing the 15 other person; 16 (2) It is objectively reasonable for a person in 17 the victim's situation to have been alarmed or coerced by 18 the contact; and 19 (3) The repeated and unwanted contact causes the 20 victim reasonable apprehension regarding the personal 21 safety of the victim or a member of the victim's 22 immediate family or household. 23 (b) At the time the petition is filed, the court, upon a 24 finding of probable cause based on the allegations in the 25 petition, shall enter a temporary court's stalking protective 26 order that may include, but is not limited to: (1) 27 prohibiting acts of stalking or aggravated stalking in 28 violation of Section 12-7.3 or 12-7.4, (2) prohibiting such 29 contacts by the respondent with the allegedly stalked person 30 or that person's family or household members as the court 31 deems necessary to protect the safety of those persons; and HB4047 Engrossed -2- LRB9215539RCcd 1 (3) any other conditions that the court deems necessary to 2 prevent further acts of stalking or aggravated stalking, 3 communication, or other contact of any kind by the 4 respondent. The petition and the temporary order shall be 5 served upon the respondent with an order requiring the 6 respondent to personally appear before the court to show 7 cause why the temporary order should not be continued for an 8 indefinite period. 9 (c) At the hearing, whether or not the respondent 10 appears, the court may continue the hearing for up to 30 days 11 or may proceed to enter a court's stalking protective order. 12 If the respondent fails to appear after being served as 13 required by subsection (b) of this Section, the court may 14 issue a warrant of arrest in order to ensure the appearance 15 of the respondent in court. 16 (d) The court may award reasonable attorney's fees as 17 follows: 18 (i) to the petitioner, if the petitioner is the 19 prevailing party; or 20 (ii) to the respondent, if the respondent is the 21 prevailing party and if the court determines that the 22 petition is frivolous in nature. 23 (e) The court may enter an order under this Section 24 against a minor respondent without appointment of a guardian 25 ad litem. 26 (f) An action under this Section must be commenced 27 within 2 years of the conduct giving rise to the claim. 28 (g) Proof of the claim shall be by a preponderance of 29 the evidence. 30 (h) The remedy provided by this Section is in addition 31 to any other remedy, civil or criminal, provided by law for 32 the conduct giving rise to the claim. 33 (i) No filing fee, service fee, or hearing fee shall be 34 charged for a proceeding under this Section if a court's HB4047 Engrossed -3- LRB9215539RCcd 1 stalking order is the only relief sought. 2 (j) If the respondent was provided notice and an 3 opportunity to be heard, the court shall also include in the 4 order, when appropriate, terms and findings sufficient under 5 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent's 6 ability to possess firearms and ammunition or engage in 7 activities involving firearms. 8 (k) Section 12-7.8 applies to protective orders issued 9 under this Section. 10 (720 ILCS 5/12-7.8 new) 11 Sec. 12-7.8. Service of order; entry of order into LEADS. 12 (a) Whenever a stalking protective order, as authorized 13 by Section 12-7.7, is issued and the person to be restrained 14 has actual notice of the order, the person serving the order 15 shall deliver forthwith to the county sheriff a true copy of 16 the order and an affidavit of proof of service on which it is 17 stated that personal service of the order was made on the 18 respondent. If an order entered by the court recites that the 19 respondent appeared in person before the court, the necessity 20 for further service of the order is waived and accompanying 21 proof of service is not necessary. Upon receipt of proof of 22 service, when required, and a true copy of the order, the 23 county sheriff shall forthwith enter the order into the Law 24 Enforcement Agencies Data System (LEADS) maintained by the 25 Department of State Police and into the databases of the 26 National Crime Information Center of the United States 27 Department of Justice. The sheriff shall also provide the 28 complainant with a true copy of the proof of service. Entry 29 into the Law Enforcement Agencies Data System (LEADS) 30 constitutes notice to all law enforcement agencies of the 31 existence of such order. Law enforcement agencies shall 32 establish procedures adequate to ensure that an officer at 33 the scene of an alleged violation of such order may be HB4047 Engrossed -4- LRB9215539RCcd 1 informed of the existence and terms of the order. The order 2 shall be fully enforceable in any county in this State. The 3 complainant may elect to deliver documents personally to a 4 county sheriff or to have them delivered by a private person 5 for entry into the Law Enforcement Agencies Data System 6 (LEADS) and the databases of the National Crime Information 7 Center of the United States Department of Justice. 8 (b) When a stalking protective order has been entered 9 into the Law Enforcement Agencies Data System (LEADS) and the 10 databases of the National Crime Information Center of the 11 United States Department of Justice under subsection (a) of 12 this Section, a county sheriff shall cooperate with a request 13 from a law enforcement agency from any other jurisdiction to 14 verify the existence of the stalking protective order or to 15 transmit a copy of the order to the requesting jurisdiction. 16 (c) When a stalking protective order described in 17 subsection (a) of this Section is terminated by order of the 18 court, the clerk of the court shall deliver forthwith a true 19 copy of the termination order to the county sheriff with whom 20 the original order was filed. Upon receipt of the termination 21 order, the county sheriff shall promptly remove the original 22 order from the Law Enforcement Agencies Data System (LEADS) 23 and the databases of the National Crime Information Center of 24 the United States Department of Justice. 25 (720 ILCS 5/12-30.5 new) 26 Sec. 12-30.5. Violating a court's stalking protective 27 order. 28 (a) A person commits the offense of violating a court's 29 stalking protective order when: 30 (1) The person has been served with a court's 31 stalking protective order as provided in Section 12-7.7 32 or if further service was waived under Section 12-7.8 33 because the person appeared before the court; and HB4047 Engrossed -5- LRB9215539RCcd 1 (2) The person, subsequent to the service of the 2 order, has engaged intentionally, knowingly, or 3 recklessly in conduct prohibited by the order. 4 (b) Sentence. 5 (1) Violating a court's stalking protective order 6 is a Class A misdemeanor. 7 (2) Violating a court's stalking protective order 8 is a Class 4 felony if the person has a prior conviction 9 for: 10 (A) Stalking or aggravated stalking; or 11 (B) Violating a court's stalking protective 12 order. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.