SB3411 Enrolled LRB100 19997 HEP 35278 b
1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Stalking No Contact Order Act is amended by
5		changing Sections 5, 10, and 15 as follows:
6		(740 ILCS 21/5)
7		Sec. 5. Purpose. Stalking generally refers to a course of
8		conduct, not a single act. Stalking behavior includes following
9		a person, conducting surveillance of the person, appearing at
10		the person's home, work or school, making unwanted phone calls,
11		sending unwanted emails, unwanted messages via social media, or
12		text messages, leaving objects for the person, vandalizing the
13		person's property, or injuring a pet. Stalking is a serious
14		crime. Victims experience fear for their safety, fear for the
15		safety of others and suffer emotional distress. Many victims
16		alter their daily routines to avoid the persons who are
17		stalking them. Some victims are in such fear that they relocate
18		to another city, town or state. While estimates suggest that
19		70% of victims know the individuals stalking them, only 30% of
20		victims have dated or been in intimate relationships with their
21		stalkers. All stalking victims should be able to seek a civil
22		remedy requiring the offenders stay away from the victims and
23		third parties.

SB3411 Enrolled - 2 - LRB100 19997 HEP 35278 b
1		(Source: P.A. 96-246, eff. 1-1-10.)
2		(740 ILCS 21/10)
3		Sec. 10. Definitions. For the purposes of this Act:
4		"Course of conduct" means 2 or more acts, including but not
5		limited to acts in which a respondent directly, indirectly, or
6		through third parties, by any action, method, device, or means
7		follows, monitors, observes, surveils, or threatens, or
8		communicates to or about, a person, workplace, school, or place
9		of worship, engages in other contact, or interferes with or
10		damages a person's property or pet. A course of conduct may
11		include contact via electronic communications. The
12		incarceration of a person in a penal institution who commits
13		the course of conduct is not a bar to prosecution under this
14		Section.
15		"Emotional distress" means significant mental suffering,
16		anxiety or alarm.
17		"Contact" includes any contact with the victim, that is
18		initiated or continued without the victim's consent, or that is
19		in disregard of the victim's expressed desire that the contact
20		be avoided or discontinued, including but not limited to being
21		in the physical presence of the victim; appearing within the
22		sight of the victim; approaching or confronting the victim in a
23		public place or on private property; appearing at the workplace
24		or residence of the victim; entering onto or remaining on
25		property owned, leased, or occupied by the victim; or placing

SB3411 Enrolled - 3 - LRB100 19997 HEP 35278 b
1		an object on, or delivering an object to, property owned,
2		leased, or occupied by the victim; and appearing at the
3		prohibited workplace, school, or place of worship.
4		"Petitioner" means any named petitioner for the stalking no
5		contact order or any named victim of stalking on whose behalf
6		the petition is brought. "Petitioner" includes an authorized
7		agent of a place of employment, an authorized agent of a place
8		of worship, or an authorized agent of a school.
9		"Reasonable person" means a person in the petitioner's
10		circumstances with the petitioner's knowledge of the
11		respondent and the respondent's prior acts.
12		"Stalking" means engaging in a course of conduct directed
13		at a specific person, and he or she knows or should know that
14		this course of conduct would cause a reasonable person to fear
15		for his or her safety, the safety of a workplace, school, or
16		place of worship, or the safety of a third person or suffer
17		emotional distress. Stalking does not include an exercise of
18		the right to free speech or assembly that is otherwise lawful
19		or picketing occurring at the workplace that is otherwise
20		lawful and arises out of a bona fide labor dispute, including
21		any controversy concerning wages, salaries, hours, working
22		conditions or benefits, including health and welfare, sick
23		leave, insurance, and pension or retirement provisions, the
24		making or maintaining of collective bargaining agreements, and
25		the terms to be included in those agreements.
26		"Stalking No Contact Order" means an emergency order or

SB3411 Enrolled - 4 - LRB100 19997 HEP 35278 b
1		plenary order granted under this Act, which includes a remedy
2		authorized by Section 80 of this Act.
3		(Source: P.A. 96-246, eff. 1-1-10.)
4		(740 ILCS 21/15)
5		Sec. 15. Persons protected by this Act. A petition for a
6		stalking no contact order may be filed when relief is not
7		available to the petitioner under the Illinois Domestic
8		Violence Act of 1986:
9		(1) by any person who is a victim of stalking; or
10		(2) by a person on behalf of a minor child or an adult
11		who is a victim of stalking but, because of age,
12		disability, health, or inaccessibility, cannot file the
13		petition; .
14		(3) by an authorized agent of a workplace;
15		(4) by an authorized agent of a place of worship; or
16		(5) by an authorized agent of a school.
17		(Source: P.A. 96-246, eff. 1-1-10.)