CRIM CD-STALKING-TRACKING DEV

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3092

Introduced 1/29/2026, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-7.3

from Ch. 38, par. 12-7.3

Amends the Criminal Code of 2012. Provides that a person commits
stalking when he or she uses any electronic tracking system or acquires
tracking information to determine the targeted person's location,
movement, or travel patterns without the targeted person's consent and the
person knows or should know that the use of the electronic tracking system
or the acquisition of tracking information would cause a reasonable person
to fear for his or her safety or the safety of a third person. Defines
"electronic tracking system".
LRB104 18937 RLC 32382 b

A BILL FOR

SB3092
LRB104 18937 RLC 32382 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Section 12-7.3 as follows:

6

(720 ILCS 5/12-7.3)

(from Ch. 38, par. 12-7.3)
7

Sec. 12-7.3.
Stalking.
8

(a) A person commits stalking when he or she knowingly
9
engages in a course of conduct directed at a specific person,
10
and he or she knows or should know that this course of conduct
11
would cause a reasonable person to:
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(1) fear for his or her safety or the safety of a third
13

person; or
14

(2) suffer other emotional distress.
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(a-3) A person commits stalking when he or she, knowingly
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and without lawful justification, on at least 2 separate
17
occasions follows another person or places the person under
18
surveillance or any combination thereof and:
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(1) at any time transmits a threat of immediate or
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future bodily harm, sexual assault, confinement or
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restraint and the threat is directed towards that person
22

or a family member of that person; or
23

(2) places that person in reasonable apprehension of

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LRB104 18937 RLC 32382 b
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immediate or future bodily harm, sexual assault,
2

confinement or restraint to or of that person or a family
3

member of that person.
4

(a-5) A person commits stalking when he or she has
5
previously been convicted of stalking another person and
6
knowingly and without lawful justification on one occasion:
7

(1) follows that same person or places that same
8

person under surveillance; and
9

(2) transmits a threat of immediate or future bodily
10

harm, sexual assault, confinement or restraint to that
11

person or a family member of that person.
12

(a-7) A person commits stalking when he or she knowingly
13
makes threats that are a part of a course of conduct and is
14
aware of the threatening nature of his or her speech.
15

(a-10) A person commits stalking when he or she uses any
16
electronic tracking system or acquires tracking information to
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determine the targeted person's location, movement, or travel
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patterns without the targeted person's consent and the person
19
knows or should know that the use of the electronic tracking
20
system or the acquisition of tracking information would cause
21
a reasonable person to fear for his or her safety or the safety
22
of a third person.

23

(b) Sentence. Stalking is a Class 4 felony; a second or
24
subsequent conviction is a Class 3 felony.
25

(c) Definitions. For purposes of this Section:
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(1) "Course of conduct" means 2 or more acts,

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including but not limited to acts in which a defendant
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directly, indirectly, or through third parties, by any
3

action, method, device, or means follows, monitors,
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observes, surveils, threatens, or communicates to or
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about, a person, engages in other non-consensual contact,
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or interferes with or damages a person's property or pet.
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A course of conduct may include contact via electronic
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communications.
9

(2) "Electronic communication" means any transfer of
10

signs, signals, writings, sounds, data, or intelligence of
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any nature transmitted in whole or in part by a wire,
12

radio, electromagnetic, photoelectric, or photo-optical
13

system. "Electronic communication" includes transmissions
14

by a computer through the Internet to another computer.
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(2.1) "Electronic tracking system" means a device
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capable of emitting an electronic frequency or other
17

signal that may be used by a person to identify, monitor,
18

or record the location of another person or object.

19

(3) "Emotional distress" means significant mental
20

suffering, anxiety or alarm.
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(4) "Family member" means a parent, grandparent,
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brother, sister, or child, whether by whole blood,
23

half-blood, or adoption and includes a step-grandparent,
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step-parent, step-brother, step-sister or step-child.
25

"Family member" also means any other person who regularly
26

resides in the household, or who, within the prior 6

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months, regularly resided in the household.
2

(5) "Follows another person" means (i) to move in
3

relative proximity to a person as that person moves from
4

place to place or (ii) to remain in relative proximity to a
5

person who is stationary or whose movements are confined
6

to a small area. "Follows another person" does not include
7

a following within the residence of the defendant.
8

(6) "Non-consensual contact" means any contact with
9

the victim that is initiated or continued without the
10

victim's consent, including but not limited to being in
11

the physical presence of the victim; appearing within the
12

sight of the victim; approaching or confronting the victim
13

in a public place or on private property; appearing at the
14

workplace or residence of the victim; entering onto or
15

remaining on property owned, leased, or occupied by the
16

victim; or placing an object on, or delivering an object
17

to, property owned, leased, or occupied by the victim.
18

(7) "Places a person under surveillance" means: (1)
19

remaining present outside the person's school, place of
20

employment, vehicle, other place occupied by the person,
21

or residence other than the residence of the defendant; or
22

(2) placing an electronic tracking device on the person or
23

the person's property.
24

(8) "Reasonable person" means a person in the victim's
25

situation.
26

(9) "Transmits a threat" means a verbal or written

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threat or a threat implied by a pattern of conduct or a
2

combination of verbal or written statements or conduct.
3

(d) Exemptions.
4

(1) This Section does not apply to any individual or
5

organization (i) monitoring or attentive to compliance
6

with public or worker safety laws, wage and hour
7

requirements, or other statutory requirements, or (ii)
8

picketing occurring at the workplace that is otherwise
9

lawful and arises out of a bona fide labor dispute,
10

including any controversy concerning wages, salaries,
11

hours, working conditions or benefits, including health
12

and welfare, sick leave, insurance, and pension or
13

retirement provisions, the making or maintaining of
14

collective bargaining agreements, and the terms to be
15

included in those agreements.
16

(2) This Section does not apply to an exercise of the
17

right to free speech or assembly that is otherwise lawful.
18

(3) Telecommunications carriers, commercial mobile
19

service providers, and providers of information services,
20

including, but not limited to, Internet service providers
21

and hosting service providers, are not liable under this
22

Section, except for willful and wanton misconduct, by
23

virtue of the transmission, storage, or caching of
24

electronic communications or messages of others or by
25

virtue of the provision of other related
26

telecommunications, commercial mobile services, or

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LRB104 18937 RLC 32382 b
1

information services used by others in violation of this
2

Section.
3

(d-5) The incarceration of a person in a penal institution
4
who commits the course of conduct or transmits a threat is not
5
a bar to prosecution under this Section.
6

(d-10) A defendant who directed the actions of a third
7
party to violate this Section, under the principles of
8
accountability set forth in Article 5 of this Code, is guilty
9
of violating this Section as if the same had been personally
10
done by the defendant, without regard to the mental state of
11
the third party acting at the direction of the defendant.
12
(Source: P.A. 102-547, eff. 1-1-22
.)

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