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| Public Act 098-0529 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 12-9 as follows:
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(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
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Sec. 12-9. Threatening public officials; human service | ||||
providers.
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(a) A person commits threatening a public official or human | ||||
service provider when:
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(1) that person knowingly delivers or conveys, | ||||
directly
or indirectly, to a public official or human | ||||
service provider by any means a communication:
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(i) containing a threat that would place
the public | ||||
official or human service provider or a member of his | ||||
or her immediate family in reasonable
apprehension of | ||||
immediate or future bodily harm, sexual assault, | ||||
confinement,
or restraint; or
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(ii) containing a threat that would place the | ||||
public official
or human service provider or a member | ||||
of his or her immediate family in reasonable | ||||
apprehension that
damage will occur to property in the | ||||
custody, care, or control of the public
official or his | ||||
or her immediate family; and
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(2) the threat was conveyed because of the performance | ||
or nonperformance
of some public duty or duty as a human | ||
service provider, because of hostility of the person making | ||
the threat
toward the status or position of the public | ||
official or the human service provider, or because of any
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other factor related to the official's public existence.
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(a-5) For purposes of a threat to a sworn law enforcement | ||
officer, the threat must contain specific facts indicative of a | ||
unique threat to the person, family or property of the officer | ||
and not a generalized threat of harm.
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(a-6) For purposes of a threat to a social worker, | ||
caseworker, or investigator, or human service provider, the | ||
threat must contain specific facts indicative of a unique | ||
threat to the person, family or property of the individual and | ||
not a generalized threat of harm. | ||
(b) For purposes of this Section:
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(1) "Public official"
means a person who is elected to | ||
office in accordance with a statute or
who is appointed to | ||
an office which is established, and the qualifications
and | ||
duties of which are prescribed, by statute, to discharge a | ||
public duty
for the State or any of its political | ||
subdivisions or in the case of
an elective office any | ||
person who has filed the required documents for
nomination | ||
or election to such office. "Public official" includes a
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duly
appointed assistant State's Attorney, assistant | ||
Attorney General, or Appellate Prosecutor; a sworn law | ||
enforcement or peace officer; a social worker, caseworker, | ||
or investigator employed by the Department of Healthcare | ||
and Family Services, the Department of Human Services, or | ||
the Department of Children and Family Services.
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(1.5) "Human service provider" means a social worker, | ||
case worker, or investigator employed by an agency or | ||
organization providing social work, case work, or | ||
investigative services under a contract with or a grant | ||
from the Department of Human Services, the Department of | ||
Children and Family Services, the Department of Healthcare | ||
and Family Services, or the Department on Aging.
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(2) "Immediate family" means a
public official's | ||
spouse or child or children.
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(c) Threatening a public official or human service provider | ||
is a Class 3 felony for a
first offense and a Class 2 felony for | ||
a second or subsequent offense.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1079, eff. 1-1-13.)
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