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Illinois General Assembly· HB 2873Governor Approved

STALKING-HARASSMENT, the official text

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HB2873 Enrolled                     LRB104 08507 JRC 18559 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 Section 10 as follows:

6   (740 ILCS 21/10)

7   Sec. 10. Definitions. For the purposes of this Act:

8   "Course of conduct" means 2 or more acts, including but

9 not limited to acts in which a respondent directly,

10 indirectly, or through third parties, by any action, method,

11 device, or means follows, monitors, observes, surveils, or

12 threatens a person, workplace, school, or place of worship,

13 engages in other contact, or interferes with or damages a

14 person's property or pet. A course of conduct may include

15 using any electronic tracking system or acquiring tracking

16 information to determine the targeted person's location,

17 movement, or travel patterns. A course of conduct may also

18 include contact via electronic communications. The

19 incarceration of a person in a penal institution who commits

20 the course of conduct is not a bar to prosecution under this

21 Section.

22  "Emotional distress" means significant mental suffering,

23 anxiety or alarm. Unless the presumption is rebutted by a
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1 preponderance of the evidence, the following conduct is

2 presumed to cause emotional distress:

3   (1) creating a disturbance at the petitioner's place

4   of employment or school;

5   (2) repeatedly telephoning the petitioner's place of

6   employment, home, or residence after being told by the

7   petitioner or the petitioner's employer to stop calling;

8   (3) repeatedly following the petitioner about in a

9   public place or places;

10  (4) repeatedly keeping the petitioner under

11  surveillance by remaining present outside his or her home,

12  school, place of employment, vehicle, or other place

13  occupied by the petitioner or by peering in the

14  petitioner's windows;

15  (5) threatening the safety of the petitioner's minor

16  child or family member; or

17  (6) threatening physical force, confinement, or

18  restraint on one or more occasions.

19  "Contact" includes any contact with the victim, that is

20 initiated or continued without the victim's consent, or that

21 is in disregard of the victim's expressed desire that the

22 contact be avoided or discontinued, including but not limited

23 to being in the physical presence of the victim; appearing

24 within the sight of the victim; approaching or confronting the

25 victim in a public place or on private property; appearing at

26 the workplace or residence of the victim; entering onto or
    HB2873 Enrolled             -3-  LRB104 08507 JRC 18559 b

1 remaining on property owned, leased, or occupied by the

2 victim; placing an object on, or delivering an object to,

3 property owned, leased, or occupied by the victim; electronic

4 communication as defined in Section 26.5-0.1 of the Criminal

5 Code of 2012; and appearing at the prohibited workplace,

6 school, or place of worship.

7   "Petitioner" means any named petitioner for the stalking

8 no contact order or any named victim of stalking on whose

9 behalf the petition is brought. "Petitioner" includes an

10 authorized agent of a place of employment, an authorized agent

11 of a place of worship, or an authorized agent of a school.

12  "Reasonable person" means a person in the petitioner's

13 circumstances with the petitioner's knowledge of the

14 respondent and the respondent's prior acts.

15  "Stalking" means engaging in a course of conduct directed

16 at a specific person, and he or she knows or should know that

17 this course of conduct would cause a reasonable person to fear

18 for his or her safety, the safety of a workplace, school, or

19 place of worship, or the safety of a third person or suffer

20 emotional distress. "Stalking" also includes harassment that

21 is conduct that is not necessary to accomplish a purpose that

22 is reasonable under the circumstances, would cause a

23 reasonable person emotional distress, and causes emotional

24 distress to the petitioner. "Stalking" does not include an

25 exercise of the right to free speech or assembly that is

26 otherwise lawful, including (1) labor compliance activity,
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1 such as monitoring compliance with public or worker safety

2 laws, wage and hour requirements, or other statutory

3 requirements; or (2) picketing occurring at the workplace that

4 is otherwise lawful and arises out of a bona fide labor

5 dispute, including any controversy concerning wages, salaries,

6 hours, working conditions or benefits, including health and

7 welfare, sick leave, insurance, and pension or retirement

8 provisions, the making or maintaining of collective bargaining

9 agreements, and the terms to be included in those agreements.

10  "Stalking no contact order" means an emergency order or

11 plenary order granted under this Act, which includes a remedy

12 authorized by Section 80 of this Act.

13 (Source: P.A. 102-220, eff. 1-1-22; 103-760, eff. 1-1-25.)

14  Section 99. Effective date. This Act takes effect upon

15 becoming law.
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