Illinois 95th Regular Session Status: Enacted 1 D cosponsors

SB 2855 — HARASS&OBSCENE COMM-MINORS

Last action — Public Act . . . . . . . . . 95-0984

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2008. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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 Harassing and Obscene Communications Act relating to the offense of harassment through electronic communications. Provides that it is a Class 4 felony to use an electronic communication to engage in a course of conduct that consists of contact by a person at least 18 years of age at the time of the commission of the offense with a person under 18 years of age at the time of the commission of the offense in which the course of conduct demonstrates a knowing disregard for the health, safety, and welfare of the contacted person.

Bill Text

What changed in the latest version

84 added · 88 removed

Plain-language change summary

The updated version of Bill SB 2855 removes a specific provision that made it a violation to electronically communicate with someone under 18 years old if the intent was to commit certain crimes. This change shifts the focus away from directly penalizing such communications based only on the age difference, potentially streamlining enforcement. It matters because this adjustment could reduce legal complexities for adults communicating in various online contexts, while still holding them accountable for more serious misconduct. The bill also clarifies that telecommunications providers are generally not liable for the communications they handle unless there is clear misconduct on their part.

→
Previous
Latest
SB2855 Engrossed LRB095 19679 RLC 46030 b AN ACT concerning criminal law.
SB2855 Enrolled LRB095 19679 RLC 46030 b AN ACT concerning criminal law.
(3.1) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person SB2855 Engrossed - 2 - LRB095 19679 RLC 46030 b who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;
(3.1) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person SB2855 Enrolled - 2 - LRB095 19679 RLC 46030 b who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;
(3.5) Electronically communicating directly with another person with the intent to commit a violation of Article 11 or Article 12 of the Criminal Code of 1961 with that person, and when the person initiating the communication is 18 years of age or older and the party communicated with is, or is believed to be, under 18 years of age;
(a-5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or SB2855 Engrossed - 3 - LRB095 19679 RLC 46030 b information services used by others in violation of this Section.
(a-5) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(1) "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system.
(1) "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or SB2855 Enrolled - 3 - LRB095 19679 RLC 46030 b photo-optical system.
(a) Except as provided in subsection (b), a person who violates any of the provisions of Section 1, 1-1, or 1-2 of SB2855 Engrossed - 4 - LRB095 19679 RLC 46030 b this Act is guilty of a Class B misdemeanor.
(a) Except as provided in subsection (b), a person who violates any of the provisions of Section 1, 1-1, or 1-2 of this Act is guilty of a Class B misdemeanor.
(b) In any of the following circumstances, a person who violates Section 1, 1-1, or 1-2 of this Act shall be guilty of a Class 4 felony:
SB2855 Enrolled - 4 - LRB095 19679 RLC 46030 b (b) In any of the following circumstances, a person who violates Section 1, 1-1, or 1-2 of this Act shall be guilty of a Class 4 felony:
SB2855 Engrossed - 5 - LRB095 19679 RLC 46030 b (4) In the course of the offense, the offender threatened to kill the victim or any member of the victim’s family or household;
(4) In the course of the offense, the offender threatened to kill the victim or any member of the victim’s family or household;
or (6) The person violates paragraph (4.1) of Section 1-1 or paragraph (3.1) or (3.5) of subsection (a) of Section 1-2.
or (6) The person violates paragraph (4.1) of Section 1-1 SB2855 Enrolled - 5 - LRB095 19679 RLC 46030 b or paragraph (3.1) of subsection (a) of Section 1-2;
or (7) The person was at least 18 years of age at the time of the commission of the offense and the victim was under 18 years of age at the time of the commission of the offense.
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 95-0984

  2. Effective Date June 1, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 1 Senate Concurs 042-000-000

  7. 3/5 Vote Required

  8. Added as Co-Sponsor Sen. Edward D. Maloney

  9. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 009-000-000

  10. House Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01-July 10, 2008

  12. Approved for Consideration Rules

  13. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  14. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  15. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Linda Holmes

  16. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 31, 2008

  17. Secretary's Desk - Concurrence House Amendment(s) 01

  18. Added Alternate Chief Co-Sponsor Rep. Jack McGuire

  19. Added Alternate Chief Co-Sponsor Rep. Mike Boland

  20. Third Reading - Short Debate - Passed 109-001-001

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 1 Adopted by Voice Vote

  23. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  24. House Floor Amendment No. 1 Referred to Rules Committee

  25. House Floor Amendment No. 1 Filed with Clerk by Rep. Sidney H. Mathias

  26. Final Action Deadline Extended-9(b) May 31, 2008

  27. Held on Calendar Order of Second Reading - Short Debate

  28. Second Reading - Short Debate

  29. Placed on Calendar 2nd Reading - Short Debate

  30. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 012-001-000

  31. Committee Deadline Extended-Rule 9(b) May 23, 2008

  32. Added Alternate Chief Co-Sponsor Rep. Robert F. Flider

  33. Assigned to Judiciary II - Criminal Law Committee

  34. Referred to Rules Committee

  35. First Reading

  36. Chief House Sponsor Rep. Sidney H. Mathias

  37. Placed on Calendar Order of First Reading

  38. Arrived in House

  39. Third Reading - Passed; 055-000-000

  40. Placed on Calendar Order of 3rd Reading April 17, 2008

  41. Senate Floor Amendment No. 3 Adopted; Holmes

  42. Senate Floor Amendment No. 2 Adopted; Holmes

  43. Second Reading

  44. Senate Floor Amendment No. 3 Recommend Do Adopt Judiciary Criminal Law; 007-000-000

  45. Senate Floor Amendment No. 3 Rules Refers to Judiciary Criminal Law

  46. Senate Floor Amendment No. 3 Referred to Rules

  47. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Linda Holmes

  48. Added as Co-Sponsor Sen. M. Maggie Crotty

  49. Added as Co-Sponsor Sen. Deanna Demuzio

  50. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary Criminal Law; 009-000-000

  51. Senate Floor Amendment No. 2 Rules Refers to Judiciary Criminal Law

  52. Added as Co-Sponsor Sen. Larry K. Bomke

  53. Added as Co-Sponsor Sen. John O. Jones

  54. Added as Co-Sponsor Sen. Matt Murphy

  55. Senate Floor Amendment No. 2 Referred to Rules

  56. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Linda Holmes

  57. Placed on Calendar Order of 2nd Reading March 13, 2008

  58. Do Pass as Amended Judiciary Criminal Law; 006-000-000

  59. Senate Committee Amendment No. 1 Adopted

  60. Senate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law

  61. Senate Committee Amendment No. 1 Referred to Rules

  62. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Linda Holmes

  63. Added as Co-Sponsor Sen. John M. Sullivan

  64. Postponed - Judiciary Criminal Law

  65. Assigned to Judiciary Criminal Law

  66. Added as Co-Sponsor Sen. Michael W. Frerichs

  67. Referred to Rules

  68. First Reading

  69. Filed with Secretary by Sen. Linda Holmes

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 42 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 330016
Democrat 8001
Republican 1000
Total 420017
% of votes cast 71%0%0%29%
How each member voted (59)
Member Party Vote
Haine — Not Voting
Halvorson — Not Voting
Lauzen — Yea
Link — Yea
Dillard — Yea
Forby — Yea
Kotowski — Not Voting
Brady — Yea
Maloney — Yea
Sullivan — Yea
Munoz — Yea
Meeks — Not Voting
Millner — Yea
Noland — Not Voting
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Not Voting
Steans — Yea
Cullerton — Not Voting
Jacobs — Not Voting
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Not Voting
DeLeo — Yea
Frerichs — Not Voting
Garrett — Yea
Hendon — Not Voting
Hultgren — Yea
Pankau — Yea
Peterson — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Not Voting
Rutherford — Yea
Sandoval — Not Voting
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Not Voting
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 109 Yea · 1 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 98007
Democrat 7101
Republican 4000
Total 109108
% of votes cast 92%1%0%7%
How each member voted (118)
Member Party Vote
Hamos — Yea
Holbrook — Yea
Jefferies — Yea
Jefferson — Yea
Nekritz — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Reitz — Yea
Lyons — Yea
McGuire — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Bradley, John — Yea
Madigan — Yea
Bradley, Richard — Yea
Mendoza — Yea
Brady — Yea
Mitchell, Bill — Yea
Meyer — Yea
Moffitt — Yea
Mitchell, Jerry — Yea
Molaro — Yea
Munson — Yea
Burke — Yea
Sullivan — Yea
Myers — Yea
Hannig — Yea
Osterman — Not Voting
Harris — Yea
Phelps — Yea
Pihos — Yea
Hernandez — Yea
Schock — Yea
Scully — Yea
Tryon — Yea
Turner — Yea
Howard — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Davis, Monique — Yea
Younge — Yea
Watson — Not Voting
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Fritchey — Not Voting
Froehlich — Yea
Golar — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Patterson — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Not Voting
Yarbrough — Not Voting
Acevedo — Not Voting
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
Colvin — Yea
Coulson — Yea
Mulligan — Yea
Gordon — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Nay
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 46003
Democrat 9000
Republican 0001
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Lauzen — Yea
Maloney — Yea
Schoenberg — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Brady — Yea
Martinez — Yea
Sullivan — Yea
Meeks — Yea
Munoz — Yea
Millner — Yea
Noland — Yea
Peterson — Not Voting
Radogno — Yea
Silverstein — Yea
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Steans — Yea
Jones, J. — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Link — Yea
Luechtefeld — Yea
Althoff — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2855 do?
Amends the Harassing and Obscene Communications Act relating to the offense of harassment through electronic communications. Provides that it is a Class 4 felony to use an electronic communication to engage in a course of conduct that consists of contact by a person at least 18 years of age at the time of the commission of the offense with a person under 18 years of age at the time of the commission of the offense in which the course of conduct demonstrates a knowing disregard for the health, safety, and welfare of the contacted person.
Who sponsors SB 2855?
SB 2855 is sponsored by Linda Holmes (Democrat).
What is the current status of SB 2855?
This bill has been enacted into law. Introduced February 15, 2008. Enacted.
Where can I track SB 2855?
Track SB 2855 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 2855

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 2855

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →