Amends the Protective Orders Article of the Code of Criminal Procedure of 1963. Changes the definition of "harassment". Provides that the court may order the respondent to cease harassment. Establishes procedures for motions to extend plenary protective orders. Provides that the court may order the respondent to stop creating, using, and disseminating; remove; and delete the following harassing conduct: (1) any and all material or statements that constitute harassment, including, but not limited to, doxing, electronically generated or digitally altered content, and sexual private images and digitally altered sexual images; and (2) any and all electronic tracking or monitoring devices, system, or other electronic means, or tracking information. Provides that the court may order the respondent to present sufficient evidence that such compliance has occurred. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.
Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. In the definition of "harassment" Provides that, unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress: (1) contacting the petitioner directly or indirectly through any means including but not limited to telephonic, electronic, or online; (2) repeatedly following the petitioner, including, but not limited to, directly or indirectly through third parties, or by using electronic tracking or monitoring, or acquiring information, to determine the petitioner's location, movement, or travel patterns without the petitioner's knowledge or consent; (3) repeatedly surveilling the petitioner or tracking petitioner's location directly or indirectly including but not limited to by remaining present at or outside the petitioner's home, school, place of employment, vehicle, or other place occupied by petitioner, by peering in petitioner's windows, by using electronic tracking or monitoring, or by acquiring information to determine the petitioner's location, movement, or travel patterns without the petitioner's knowledge and consent; (4) non-consensual dissemination or threatening the dissemination of electronically generated or digitally altered content using the image, voice, or other characteristic of the petitioner to falsely impersonate the petitioner or the petitioner's representative; (5) non-consensual dissemination or threatening the non-consensual dissemination of private sexual images and digitally altered sexual images as defined in the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act; and (6) engaging in doxing as defined in the Civil Liability for Doxing Act. Provides that the petitioner shall not be denied a protective order solely upon the basis that the respondent or petitioner is incarcerated in a penal institution at the time of the issuance of the order. Provides that the court may issue a domestic violence order of protection to prohibit and cease and desist from these types of harassment. Makes other changes.
Senate Floor Amendment No. 2: In the amendatory changes to the Protective Orders Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986 concerning the definition of "harassment", includes in the definition non-consensual dissemination or threatening the dissemination of electronically generated or digitally altered content using the image, voice, or other characteristic of the petitioner to falsely and deceptively (rather than just falsely) impersonate the petitioner or the petitioner's representative.
Statutes affected: Introduced: 725 ILCS 5/112, 750 ILCS 60/103, 750 ILCS 60/212, 750 ILCS 60/214, 750 ILCS 60/220
Engrossed: 725 ILCS 5/112, 750 ILCS 60/103, 750 ILCS 60/201, 750 ILCS 60/212, 750 ILCS 60/214, 750 ILCS 60/220