Aggravated Stalking; Creating the offense of aggravated stalking if a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and in the course of such conduct commits specified acts, etc.
Required Notice of Intent to Contact a Victim; Requiring specified persons acting on behalf of a criminal defendant to file a specified notice within a specified timeframe before contacting a victim in a criminal proceeding for a specified purpose; requiring that such notice be filed on a standard form developed by the state attorney in each judicial circuit, etc.
Stalking ; Creates offense of aggravated stalking based on nonconsensual entry upon victim's property or interference with victim's property in course of committing offense of stalking; creates offense of sexually aggravated stalking based on certain sexual conduct in course of committing offense of stalking; ranks offenses created by act on offense severity ranking chart of Criminal Punishment Code; revises definition of "qualifying offense."
Arrest and Search Warrants; Authorizing a judge to issue an arrest warrant or issue a summons or a notice to appear in lieu of an arrest warrant under specified circumstances if a complaint alleges only the commission of a misdemeanor offense; authorizing, rather than requiring, a trial court judge to issue a summons under specified circumstances when a complaint is for a misdemeanor that the trial court judge is not empowered to try summarily; expanding the circumstances under which an arrest by an officer without a warrant is lawful to include when there is probable cause to believe that a person has committed a criminal act in violation of an injunction for protection against stalking or cyberstalking or has committed an act that constitutes driving under the influence or boating under the influence, etc.
Interpersonal Violence Injunctions; Revising the required forms, motions, and information all clerk of the court offices must provide to assist petitioners; requiring the court, upon the filing of a domestic violence petition, to review the petition ex parte and set a final hearing at the earliest possible time under certain circumstances; revising what the clerk of the court, within a specified timeframe after the court sets the case for a final hearing, is required to transmit to the sheriff or a law enforcement agency for service; prohibiting a court from issuing mutual orders of protection, etc.
Representation by Counsel in Hearings on Petitions for Risk Protection Orders; Provides respondent has right to be represented by an attorney in risk protection order proceeding & right to have counsel appointed if he or she is indigent & desires representation; authorizes appointed private attorney to be compensated; requires specified notice to respondent; authorizes public defender or regional counsel to represent respondent in specified circumstances; specifies a compensation limitation for appointed private counsel.
Domestic Violence and Protective Injunctions; Providing enhanced penalties for committing a domestic violence offense if a person has a prior conviction for domestic violence; authorizing, and in certain circumstances requiring, a court to order electronic monitoring in domestic violence cases; revising the information contained in a petition for injunction for protection against domestic violence; increasing the maximum payment amounts for relocation assistance for victims of domestic violence, etc.
Felony Battery; Revising the elements of the offense of battery by strangulation to delete creating a risk of or causing great bodily harm to another; revising the elements of the offense of domestic battery by strangulation to delete creating a risk of or causing great bodily harm to another; reclassifying the offense of battery by strangulation for the purposes of the offense severity ranking chart of the Criminal Punishment Code, etc.
Violations of Injunctions for Protection Against Domestic Violence; Provides that person commits felony of third degree if such person commits violation of injunction or foreign protection order against victim after having been convicted of any assault, battery, or violation of injunction or foreign protection order against same victim; requires minimum term of imprisonment for such offense.
Protective Injunctions and Protection Orders; Requires respondent to surrender to local law enforcement agency all firearms, ammunition, & licenses to carry concealed weapon or firearm after issuance of final judgment on injunction for protection against domestic violence; provides for surrender & storage of firearms, ammunition, & licenses to carry concealed weapon or firearm after issuance of protective injunction; requires law enforcement agencies to develop certain policies & procedures; provides for return of firearms, ammunition, & licenses to carry concealed weapon or firearm when protective injunction is vacated, terminated, or otherwise rendered no longer affective; authorizes respondent to elect to transfer all firearms & ammunition surrendered or seized by law enforcement agency to another person; revises criminal penalty for second or subsequent violation of injunction for protection against domestic violence or foreign protection order.
