State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0640

HB2310 Enrolled                                LRB9104790RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 12-7.3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Section 12-7.3 as follows:

    (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
    Sec. 12-7.3.  Stalking.
    (a)  A  person commits stalking when he or she, knowingly
and without lawful justification,  on  at  least  2  separate
occasions  follows  another person or places the person under
surveillance or any combination thereof and:
         (1)  at any time transmits a threat to  that  person
    of  immediate  or  future  bodily  harm,  sexual assault,
    confinement or  restraint  and  the  threat  is  directed
    towards that person or a family member of that person; or
         (2)  places  that  person in reasonable apprehension
    of immediate  or  future  bodily  harm,  sexual  assault,
    confinement or restraint; or.
         (3)  places  that  person in reasonable apprehension
    that a family member will  receive  immediate  or  future
    bodily harm, sexual assault, confinement, or restraint.
    (b)  Sentence.  Stalking is a Class 4 felony. A second or
subsequent conviction for stalking is a Class 3 felony.
    (b-5)  The  incarceration  of  a  person   in   a   penal
institution   who   transmits  a  threat  is  not  a  bar  to
prosecution under this Section.
    (c)  Exemption.  This Section does not apply to picketing
occurring at the  workplace  that  is  otherwise  lawful  and
arises  out  of a bona fide labor dispute, or any exercise of
the right of  free  speech  or  assembly  that  is  otherwise
lawful.
    (d)  For the purpose of this Section, a defendant "places
a person under surveillance" by remaining present outside the
person's  school,  place  of employment, vehicle, other place
occupied by the person, or residence other than the residence
of the defendant.
    (e)  For the purpose of this  Section,  "follows  another
person"  means  (i) to move in relative proximity to a person
as that person moves from place to place or (ii) to remain in
relative proximity to a person who  is  stationary  or  whose
movements  are  confined  to  a  small area. "Follows another
person" does not include a following within the residence  of
the defendant.
    (f)  For the purposes of this Section and Section 12-7.4,
"bona  fide  labor  dispute" means any controversy concerning
wages, salaries,  hours,  working  conditions,  or  benefits,
including  health  and  welfare,  sick  leave, insurance, and
pension or retirement provisions, the making  or  maintaining
of  collective  bargaining  agreements,  and  the terms to be
included in those agreements.
    (g)  For the  purposes  of  this  Section,  "transmits  a
threat"  means a verbal or written threat or a threat implied
by a pattern of conduct or a combination of verbal or written
statements or conduct.
    (h)  For the purposes of this  Section,  "family  member"
means  a  parent,  grandparent,  brother,  sister,  or child,
whether by whole blood, half-blood, or adoption and  includes
a step-grandparent, step-parent, step-brother, step-sister or
step-child.   "Family member" also means any other person who
regularly resides in the household, or who, within the  prior
6 months, regularly resided in the household.
(Source:  P.A.  88-402;  88-677,  eff. 12-15-94; 89-377, eff.
8-18-95.)
    Section 99.  Effective date.  This Act takes effect  upon
becoming law.