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Public Act 100-1000 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Stalking No Contact Order Act is amended by | ||||
changing Sections 5, 10, and 15 as follows:
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(740 ILCS 21/5)
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Sec. 5. Purpose. Stalking generally refers to a course of | ||||
conduct, not a single act. Stalking behavior includes following | ||||
a person, conducting surveillance of the person, appearing at | ||||
the person's home, work or school, making unwanted phone calls, | ||||
sending unwanted emails , unwanted messages via social media, or | ||||
text messages, leaving objects for the person, vandalizing the | ||||
person's property, or injuring a pet. Stalking is a serious | ||||
crime. Victims experience fear for their safety, fear for the | ||||
safety of others and suffer emotional distress. Many victims | ||||
alter their daily routines to avoid the persons who are | ||||
stalking them. Some victims are in such fear that they relocate | ||||
to another city, town or state. While estimates suggest that | ||||
70% of victims know the individuals stalking them, only 30% of | ||||
victims have dated or been in intimate relationships with their | ||||
stalkers. All stalking victims should be able to seek a civil | ||||
remedy requiring the offenders stay away from the victims and | ||||
third parties.
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(Source: P.A. 96-246, eff. 1-1-10.)
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(740 ILCS 21/10)
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Sec. 10. Definitions. For the purposes of this Act: | ||
"Course of conduct" means 2 or more acts, including but not | ||
limited to acts in which a respondent directly, indirectly, or | ||
through third parties, by any action, method, device, or means | ||
follows, monitors, observes, surveils, or threatens , or | ||
communicates to or about, a person , workplace, school, or place | ||
of worship , engages in other contact, or interferes with or | ||
damages a person's property or pet. A course of conduct may | ||
include contact via electronic communications. The | ||
incarceration of a person in a penal institution who commits | ||
the course of conduct is not a bar to prosecution under this | ||
Section. | ||
"Emotional distress" means significant mental suffering, | ||
anxiety or alarm. | ||
"Contact" includes any contact with the victim, that is | ||
initiated or continued without the victim's consent, or that is | ||
in disregard of the victim's expressed desire that the contact | ||
be avoided or discontinued, including but not limited to being | ||
in the physical presence of the victim; appearing within the | ||
sight of the victim; approaching or confronting the victim in a | ||
public place or on private property; appearing at the workplace | ||
or residence of the victim; entering onto or remaining on | ||
property owned, leased, or occupied by the victim; or placing |
an object on, or delivering an object to, property owned, | ||
leased, or occupied by the victim ; and appearing at the | ||
prohibited workplace, school, or place of worship . | ||
"Petitioner" means any named petitioner for the stalking no | ||
contact order or any named victim of stalking on whose behalf | ||
the petition is brought. "Petitioner" includes an authorized | ||
agent of a place of employment, an authorized agent of a place | ||
of worship, or an authorized agent of a school. | ||
"Reasonable person" means a person in the petitioner's | ||
circumstances with the petitioner's knowledge of the | ||
respondent and the respondent's prior acts. | ||
"Stalking" means engaging in a course of conduct directed | ||
at a specific person, and he or she knows or should know that | ||
this course of conduct would cause a reasonable person to fear | ||
for his or her safety , the safety of a workplace, school, or | ||
place of worship, or the safety of a third person or suffer | ||
emotional distress. Stalking does not include an exercise of | ||
the right to free speech or assembly that is otherwise lawful | ||
or picketing occurring at the workplace that is otherwise | ||
lawful and arises out of a bona fide labor dispute, including | ||
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. | ||
"Stalking No Contact Order" means an emergency order or |
plenary order granted under this Act, which includes a remedy | ||
authorized by Section 80 of this Act.
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(Source: P.A. 96-246, eff. 1-1-10.)
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(740 ILCS 21/15)
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Sec. 15. Persons protected by this Act. A petition for a | ||
stalking no contact order may be filed when relief is not | ||
available to the petitioner under the Illinois Domestic | ||
Violence Act of 1986: | ||
(1) by any person who is a victim of stalking; or | ||
(2) by a person on behalf of a minor child or an adult | ||
who is a victim of stalking but, because of age, | ||
disability, health, or inaccessibility, cannot file the | ||
petition ; . | ||
(3) by an authorized agent of a workplace; | ||
(4) by an authorized agent of a place of worship; or | ||
(5) by an authorized agent of a school.
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(Source: P.A. 96-246, eff. 1-1-10.)
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