Sen. Kwame Raoul
Filed: 2/28/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 3411 




2 AMENDMENT NO. ______. Amend Senate Bill 3411 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Stalking No Contact Order Act is amended by 
5changing Sections 5, 10, 15, and 80 as follows:

6 (740 ILCS 21/5)

7 Sec. 5. Purpose. Stalking generally refers to a course of 
8conduct, not a single act. Stalking behavior includes following 
9a person, conducting surveillance of the person, appearing at 
10the person's home, work or school, making unwanted phone calls, 
11sending unwanted emails, unwanted messages via social media, or 
12text messages, leaving objects for the person, vandalizing the 
13person's property, or injuring a pet. Stalking is a serious 
14crime. Victims experience fear for their safety, fear for the 
15safety of others and suffer emotional distress. Many victims 
16alter their daily routines to avoid the persons who are 
 
 
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1stalking them. Some victims are in such fear that they relocate 
2to another city, town or state. While estimates suggest that 
370% of victims know the individuals stalking them, only 30% of 
4victims have dated or been in intimate relationships with their 
5stalkers. All stalking victims should be able to seek a civil 
6remedy requiring the offenders stay away from the victims and 
7third parties.

8(Source: P.A. 96-246, eff. 1-1-10.)

9 (740 ILCS 21/10)

10 Sec. 10. Definitions. For the purposes of this Act:
11 "Course of conduct" means 2 or more acts, including but not 
12limited to acts in which a respondent directly, indirectly, or 
13through third parties, by any action, method, device, or means 
14follows, monitors, observes, surveils, or threatens, or 
15communicates to or about, a person, workplace, school, or place 
16of worship, engages in other contact, or interferes with or 
17damages a person's property or pet. A course of conduct may 
18include contact via electronic communications. The 
19incarceration of a person in a penal institution who commits 
20the course of conduct is not a bar to prosecution under this 
21Section.
22 "Emotional distress" means significant mental suffering, 
23anxiety or alarm.
24 "Contact" includes any contact with the victim, that is 
25initiated or continued without the victim's consent, or that is 
 
 
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1in disregard of the victim's expressed desire that the contact 
2be avoided or discontinued, including but not limited to being 
3in the physical presence of the victim; appearing within the 
4sight of the victim; approaching or confronting the victim in a 
5public place or on private property; appearing at the workplace 
6or residence of the victim; entering onto or remaining on 
7property owned, leased, or occupied by the victim; or placing 
8an object on, or delivering an object to, property owned, 
9leased, or occupied by the victim; and appearing at the 
10prohibited workplace, school, or place of worship.
11 "Petitioner" means any named petitioner for the stalking no 
12contact order or any named victim of stalking on whose behalf 
13the petition is brought. "Petitioner" includes an authorized 
14agent of a place of employment, an authorized agent of a place 
15of worship, or an authorized agent of a school. 
16 "Reasonable person" means a person in the petitioner's 
17circumstances with the petitioner's knowledge of the 
18respondent and the respondent's prior acts.
19 "Stalking" means engaging in a course of conduct directed 
20at a specific person, and he or she knows or should know that 
21this course of conduct would cause a reasonable person to fear 
22for his or her safety, the safety of a workplace, school, or 
23place of worship, or the safety of a third person or suffer 
24emotional distress. Stalking does not include an exercise of 
25the right to free speech or assembly that is otherwise lawful 
26or picketing occurring at the workplace that is otherwise 
 
 
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1lawful and arises out of a bona fide labor dispute, including 
2any controversy concerning wages, salaries, hours, working 
3conditions or benefits, including health and welfare, sick 
4leave, insurance, and pension or retirement provisions, the 
5making or maintaining of collective bargaining agreements, and 
6the terms to be included in those agreements.
7 "Stalking No Contact Order" means an emergency order or 
8plenary order granted under this Act, which includes a remedy 
9authorized by Section 80 of this Act. 

10(Source: P.A. 96-246, eff. 1-1-10.)

11 (740 ILCS 21/15)

12 Sec. 15. Persons protected by this Act. A petition for a 
13stalking no contact order may be filed when relief is not 
14available to the petitioner under the Illinois Domestic 
15Violence Act of 1986:
16  (1) by any person who is a victim of stalking; or
17  (2) by a person on behalf of a minor child or an adult 
18 who is a victim of stalking but, because of age, 
19 disability, health, or inaccessibility, cannot file the 
20 petition; .
21  (3) by an authorized agent of a workplace;
22  (4) by an authorized agent of a place of worship; or
23  (5) by an authorized agent of a school. 

24(Source: P.A. 96-246, eff. 1-1-10.)

 
 
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1 (740 ILCS 21/80)

2 Sec. 80. Stalking no contact orders; remedies.
3 (a) If the court finds that the petitioner has been a 
4victim of stalking, a stalking no contact order shall issue; 
5provided that the petitioner must also satisfy the requirements 
6of Section 95 on emergency orders or Section 100 on plenary 
7orders. The petitioner shall not be denied a stalking no 
8contact order because the petitioner or the respondent is a 
9minor. The court, when determining whether or not to issue a 
10stalking no contact order, may not require physical injury on 
11the person of the petitioner. Modification and extension of 
12prior stalking no contact orders shall be in accordance with 
13this Act.
14 (b) A stalking no contact order shall order one or more of 
15the following:
16  (1) prohibit the respondent from threatening to commit 
17 or committing stalking;
18  (2) order the respondent not to have any contact with 
19 the petitioner or a third person specifically named by the 
20 court;
21  (3) prohibit the respondent from knowingly coming 
22 within, or knowingly remaining within a specified distance 
23 of the petitioner or the petitioner's residence, school, 
24 daycare, or place of employment, or any specified place 
25 frequented by the petitioner; however, the court may order 
26 the respondent to stay away from the respondent's own 
 
 
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1 residence, school, or place of employment only if the 
2 respondent has been provided actual notice of the 
3 opportunity to appear and be heard on the petition;
4  (4) prohibit the respondent from possessing a Firearm 
5 Owners Identification Card, or possessing or buying 
6 firearms; and
7  (5) order the respondent to submit to a mental health 
8 evaluation;
9  (6) order a respondent to wear an electronic monitoring 
10 device; and 
11  (7) (5) order other injunctive relief the court 
12 determines to be necessary to protect the petitioner or 
13 third party specifically named by the court.
14 (b-5) When the petitioner and the respondent attend the 
15same public, private, or non-public elementary, middle, or high 
16school, the court when issuing a stalking no contact order and 
17providing relief shall consider the severity of the act, any 
18continuing physical danger or emotional distress to the 
19petitioner, the educational rights guaranteed to the 
20petitioner and respondent under federal and State law, the 
21availability of a transfer of the respondent to another school, 
22a change of placement or a change of program of the respondent, 
23the expense, difficulty, and educational disruption that would 
24be caused by a transfer of the respondent to another school, 
25and any other relevant facts of the case. The court may order 
26that the respondent not attend the public, private, or 
 
 
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1non-public elementary, middle, or high school attended by the 
2petitioner, order that the respondent accept a change of 
3placement or program, as determined by the school district or 
4private or non-public school, or place restrictions on the 
5respondent's movements within the school attended by the 
6petitioner.
The respondent bears the burden of proving by a 
7preponderance of the evidence that a transfer, change of 
8placement, or change of program of the respondent is not 
9available. The respondent also bears the burden of production 
10with respect to the expense, difficulty, and educational 
11disruption that would be caused by a transfer of the respondent 
12to another school. A transfer, change of placement, or change 
13of program is not unavailable to the respondent solely on the 
14ground that the respondent does not agree with the school 
15district's or private or non-public school's transfer, change 
16of placement, or change of program or solely on the ground that 
17the respondent fails or refuses to consent to or otherwise does 
18not take an action required to effectuate a transfer, change of 
19placement, or change of program.
When a court orders a 
20respondent to stay away from the public, private, or non-public 
21school attended by the petitioner and the respondent requests a 
22transfer to another attendance center within the respondent's 
23school district or private or non-public school, the school 
24district or private or non-public school shall have sole 
25discretion to determine the attendance center to which the 
26respondent is transferred.
In the event the court order results 
 
 
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1in a transfer of the minor respondent to another attendance 
2center, a change in the respondent's placement, or a change of 
3the respondent's program, the parents, guardian, or legal 
4custodian of the respondent is responsible for transportation 
5and other costs associated with the transfer or change. 
6 (b-6) The court may order the parents, guardian, or legal 
7custodian of a minor respondent to take certain actions or to 
8refrain from taking certain actions to ensure that the 
9respondent complies with the order. In the event the court 
10orders a transfer of the respondent to another school, the 
11parents, guardian, or legal custodian of the respondent are 
12responsible for transportation and other costs associated with 
13the change of school by the respondent. 
14 (b-7) The court shall not hold a school district or private 
15or non-public school or any of its employees in civil or 
16criminal contempt unless the school district or private or 
17non-public school has been allowed to intervene.
18 (b-8) The court may hold the parents, guardian, or legal 
19custodian of a minor respondent in civil or criminal contempt 
20for a violation of any provision of any order entered under 
21this Act for conduct of the minor respondent in violation of 
22this Act if the
parents, guardian, or legal custodian directed, 
23encouraged, or assisted the respondent minor in such conduct. 
24 (c) The court may award the petitioner costs and attorneys 
25fees if a stalking no contact order is granted.
26 (d) Monetary damages are not recoverable as a remedy.
 
 
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1 (e) If the stalking no contact order prohibits the 
2respondent from possessing a Firearm Owner's Identification 
3Card, or possessing or buying firearms; the court shall 
4confiscate the respondent's Firearm Owner's Identification 
5Card and immediately return the card to the Department of State 
6Police Firearm Owner's Identification Card Office.


7(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; 
897-1131, eff. 1-1-13.)".