Who sponsors SB 3411?

SB 3411 is sponsored by Brian W. Stewart, Kwame Raoul, Sheri Jesiel, Thomas M. Bennett, Margo McDermed, John M. Cabello (Republican), Christine Winger, Sara Wojcicki Jimenez, David A. Welter, Michelle Mussman (Democrat), La Shawn K. Ford, Kathleen Willis, Deb Conroy, Jonathan Carroll, Martin J. Moylan, Christopher "C.D." Davidsmeyer (Republican), Avery Bourne, Mark Batinick, and Jeanne M Ives.

Where can I track SB 3411?

Track SB 3411 free on One Click Politics — get push/email alerts when it moves.

Illinois 100th Regular Session Status: Enacted Bipartisan · 2 R · 1 D cosponsors

SB 3411 — STALKING NO CONTACT ORDER

Last action August 20, 2018 — Public Act . . . . . . . . . 100-1000

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Introduced
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In Committee
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Passed Senate
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Passed House
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To Executive
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Enacted

This bill has been enacted into law. Introduced February 16, 2018. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
19 sponsors

0 primary, 19 co-sponsors signed on.
Bipartisan support

Sponsored across 2 parties (2 R · 1 D) — cross-party backing.
Cleared a recorded vote

Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Stalking No Contact Order Act. Makes a technical change in a Section concerning the short title.

Bill Text

What changed in the latest version

5 added · 122 removed

Plain-language change summary

The latest version of Bill SB 3411 has made revisions by removing references to Section 80 related to stalking no contact orders. This change simplifies the bill by focusing on other sections and provisions, indicating a possible shift in how stalking cases will be handled or reinforced within the legal framework. This matters because it could affect the clarity and enforcement of protections for victims of stalking.

SB3411 ~~Engrossed~~Enrolled LRB100 19997 HEP 35278 b AN ACT concerning civil law.

The Stalking No Contact Order Act is amended by changing Sections 5, 10, ~~15,~~ and 8015 as follows:

SB3411 ~~Engrossed~~Enrolled - 2 - LRB100 19997 HEP 35278 b (Source:

or placing SB3411 ~~Engrossed~~Enrolled - 3 - LRB100 19997 HEP 35278 b an object on, or delivering an object to, property owned, leased, or occupied by the victim;

"Stalking No Contact Order" means an emergency order or SB3411 ~~Engrossed~~Enrolled - 4 - LRB100 19997 HEP 35278 b plenary order granted under this Act, which includes a remedy authorized by Section 80 of this Act.

1-1-10.) ~~(740~~ ~~ILCS~~ ~~21/80)~~ ~~Sec.~~

~~80.~~

~~Stalking no contact orders;~~

~~remedies.~~

~~(a) If the court finds that the petitioner has been a victim of stalking, a stalking no contact order shall issue;~~

~~provided that the petitioner must also satisfy the requirements of Section 95 on emergency orders or Section 100 on plenary orders.~~

~~The petitioner shall not be denied a stalking no SB3411 Engrossed - 5 - LRB100 19997 HEP 35278 b contact order because the petitioner or the respondent is a minor.~~

~~The court, when determining whether or not to issue a stalking no contact order, may not require physical injury on the person of the petitioner.~~

~~Modification and extension of prior stalking no contact orders shall be in accordance with this Act.~~

~~(b) A stalking no contact order shall order one or more of the following:~~

~~(1) prohibit the respondent from threatening to commit or committing stalking;~~

~~(2) order the respondent not to have any contact with the petitioner or a third person specifically named by the court;~~

(3) prohibit the respondent from knowingly coming within, or knowingly remaining within a specified distance of the petitioner or the petitioner's residence, school, daycare, or place of employment, or any specified place frequented by the petitioner;

however, the court may order the respondent to stay away from the respondent's own residence, school, or place of employment only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition;

~~(4) prohibit the respondent from possessing a Firearm Owners Identification Card, or possessing or buying firearms;~~

~~and (5) order the respondent to submit to a mental health SB3411 Engrossed - 6 - LRB100 19997 HEP 35278 b evaluation;~~

~~(6) order a respondent to wear an electronic monitoring device;~~

~~and (7) (5) order other injunctive relief the court determines to be necessary to protect the petitioner or third party specifically named by the court.~~

(b-5) When the petitioner and the respondent attend the same public, private, or non-public elementary, middle, or high school, the court when issuing a stalking no contact order and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school, and any other relevant facts of the case.

The court may order that the respondent not attend the public, private, or non-public elementary, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the school attended by the petitioner.

The respondent bears the burden of proving by a preponderance of the evidence that a transfer, change of SB3411 Engrossed - 7 - LRB100 19997 HEP 35278 b placement, or change of program of the respondent is not available.

~~The respondent also bears the burden of production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school.~~

A transfer, change of placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or solely on the ground that the respondent fails or refuses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program.

When a court orders a respondent to stay away from the public, private, or non-public school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred.

In the event the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's program, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other costs associated with the transfer or change.

(b-6) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions or to SB3411 Engrossed - 8 - LRB100 19997 HEP 35278 b refrain from taking certain actions to ensure that the respondent complies with the order.

In the event the court orders a transfer of the respondent to another school, the parents, guardian, or legal custodian of the respondent are responsible for transportation and other costs associated with the change of school by the respondent.

(b-7) The court shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene.

(b-8) The court may hold the parents, guardian, or legal custodian of a minor respondent in civil or criminal contempt for a violation of any provision of any order entered under this Act for conduct of the minor respondent in violation of this Act if the parents, guardian, or legal custodian directed, encouraged, or assisted the respondent minor in such conduct.

~~(c) The court may award the petitioner costs and attorneys fees if a stalking no contact order is granted.~~

~~(d) Monetary damages are not recoverable as a remedy.~~

~~(e) If the stalking no contact order prohibits the respondent from possessing a Firearm Owner's Identification Card, or possessing or buying firearms;~~

~~the court shall confiscate the respondent's Firearm Owner's Identification Card and immediately return the card to the Department of State Police Firearm Owner's Identification Card Office.~~

~~(Source:~~

~~P.A.~~

Show all 46 changed lines (6 more)

~~96-246, eff.~~

~~1-1-10;~~

~~97-294, eff.~~

~~1-1-12;~~

~~SB3411 Engrossed - 9 - LRB100 19997 HEP 35278 b 97-1131, eff.~~

~~1-1-13.)~~

Latest

SB3411 ~~Engrossed~~ LRB100 19997 HEP 35278 b AN ACT concerning civil law.

SB3411 Enrolled LRB100 19997 HEP 35278 b AN ACT concerning civil law.

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

The Stalking No Contact Order Act is amended by changing Sections 5, 10, and 15 as follows:

SB3411 ~~Engrossed~~ - 2 - LRB100 19997 HEP 35278 b (Source:

SB3411 Enrolled - 2 - LRB100 19997 HEP 35278 b (Source:

or placing SB3411 ~~Engrossed~~ - 3 - LRB100 19997 HEP 35278 b an object on, or delivering an object to, property owned, leased, or occupied by the victim;

or placing SB3411 Enrolled - 3 - LRB100 19997 HEP 35278 b an object on, or delivering an object to, property owned, leased, or occupied by the victim;

"Stalking No Contact Order" means an emergency order or SB3411 ~~Engrossed~~ - 4 - LRB100 19997 HEP 35278 b plenary order granted under this Act, which includes a remedy authorized by Section 80 of this Act.

"Stalking No Contact Order" means an emergency order or SB3411 Enrolled - 4 - LRB100 19997 HEP 35278 b plenary order granted under this Act, which includes a remedy authorized by Section 80 of this Act.

1-1-10.) ~~(740~~ ~~ILCS~~ ~~21/80)~~ ~~Sec.~~

1-1-10.)