Chicago Police DepartmentSpecial Order S04-13-02
Anti-Stalking Statute
Issue Date:23 April 2004Effective Date:24 April 2004
Rescinds:S04-05
Index Category:Preliminary Investigations
I.Purpose
This directive informs Department members of the anti-stalking statute and provides reporting and notification procedures.
II.References
III.Procedures
  • A.In all instances in which a victim is reporting an incident of being followed, threatened, placed under surveillance, or in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, whether it occurred inside or outside the City of Chicago, AND there is insufficient evidence to substantiate the crime of stalking or any other offense, the preliminary investigator will:
    • 1.complete a General Offense Case Report (CPD11.380) and enter:
      • a.STALKING in the OFFENSE / INCIDENT PRIMARY CLASSIFICATION field;
      • b."0582" in the IUCR OFF. field;
      • c.NON-CRIMINAL OFFENSE in the SECONDARY CLASSIFICATION field; and
      • d.a description of the stalking element in the NARRATIVE field of the report.
    • 2.advise the victim to re-contact the police to report additional incidents of being followed, threatened, placed under surveillance, or being placed in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint.
      NOTE:
      Victims should be further advised that when reporting additional incidents, the original Record Division (RD) number is important and should be presented to the reporting officer at the time the additional incident is reported.
  • B.In all instances in which the preliminary investigation reveals all of the elements of the offense of stalking have occurred and one or more of the elements of the offense occurred within the City of Chicago, the preliminary investigator will:
    • 1.complete a General Offense Case Report and enter:
      • a.STALKING in the OFFENSE / INCIDENT PRIMARY CLASSIFICATION field;
      • b."0580" in the IUCR OFFENSE CODE field; and
      • c.SIMPLE in the SECONDARY CLASSIFICATION field.
    • 2.advise the victim to immediately report any additional incidents.
  • C.In all instances in which the preliminary investigation reveals the offense of aggravated stalking has occurred and one or more of the elements of the offense occurred within the City of Chicago, the preliminary investigator will:
    • 1.complete a General Offense Case Report and enter:
      • a.STALKING in the OFFENSE / INCIDENT PRIMARY CLASSIFICATION field;
      • b."0581" in the IUCR OFF. field;
      • c.AGGRAVATED in the SECONDARY CLASSIFICATION field.
    • 2.advise the victim to immediately report any additional incidents.
  • D.In all instances in which the preliminary investigation reveals the offense of cyberstalking has occurred, the preliminary investigator will:
    • 1.complete a General Offense Case Report and enter:
      • a.STALKING in the OFFENSE / INCIDENT PRIMARY CLASSIFICATION field;
      • b."0583" in the IUCR OFF. field;
      • c.CYBERSTALKING in the SECONDARY CLASSIFICATION field.
      • d.include in the narrative the address of the author and the name of the service provider, if known.
    • 2.if available, inventory a copy of the threatening message in accordance with the directive entitled "Inventory System for Property Taken into Custody."
    • 3.advise the victim to immediately report any additional incidents.
    • 4.notify the appropriate area Detective Division, Special Victims Section for further direction when the cyberstalking is domestic related. In all other instances of cyberstalking, the appropriate area Violent Crimes Section will be notified for direction.
  • E.In all instances in which the victim is reporting a subsequent element of stalking, which includes being followed, threatened, placed under surveillance, or being placed in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, the investigating officer will:
    • 1.complete a Supplementary Report (CPD11.411A) to the original offense with the original RD number. Members will make every effort to obtain the original RD number.
    • 2.if the original RD number is unknown and all reasonable efforts to obtain the original RD number have been exhausted, obtain a new RD number, noting in the narrative of the General Offense Case Report that there is an existing RD number.
    • 3.instruct the victim to immediately report any additional incidents.
      EXCEPTION:
      Supplementary reports are not limited to incidents of following or surveillance. Members are reminded that, whenever possible, continual threats will be recorded under the same RD number to enhance prosecution.
  • F.If ALL of the elements of stalking, aggravated stalking, and cyberstalking occur within another jurisdiction, members will:
    • 1.complete the appropriate case report indicating in the narrative of the case report the city, state, and, if applicable, the country of occurrence.
      NOTE:
      Beat 3100 is used for addresses of occurrence outside the corporate limits of the City of Chicago, but within the State of Illinois. Beat 4100 is used for addresses of occurrence outside the State of Illinois, but within the United States of America (USA). Beat 5100 is used for addresses of occurrence outside the USA.
    • 2.advise the victim to contact that jurisdiction for further instruction.
  • G.Victims of stalking, aggravated stalking, and cyberstalking offenses who are being stalked by a family or household member will not be referred to Domestic Violence Court for warrants and orders of protection. Stalking, aggravated stalking, and cyberstalking are felony offenses and felony warrants or orders of protection cannot be processed at the misdemeanor domestic violence courts.
    • 1.If the offender is in custody, the member will contact the Cook County States Attorney Office, Victim / Witness Unit for further instruction.
    • 2.If the offender is not in custody, the member will direct the victim to obtain an order of protection in civil court.
      NOTE:
      Victims may be referred to Domestic Violence Court for offenses which do not meet the elements of the felony stalking charges.
  • H.In all instances of stalking, aggravated stalking, and cyberstalking by a family or household member, the Department member will inform the victim of the RD number and provide the victim with a completed Domestic Incident Notice form (CPD11.443) in accordance with the Department directive entitled "Domestic Incidents."
  • I.The appropriate area Detective Division, Special Victims Section will be responsible for conducting the followup investigation in all instances of stalking, aggravated stalking, and cyberstalking or when an arrest has been made in accordance with the procedures outlined in the Department directive entitled "Domestic Incidents."
Philip J. Cline
Superintendent of Police
02094 CLN(PMD)