Rep. Jack D. Franks
Filed: 5/31/2012
 
 

 

 

 
09700SB2537ham005LRB097 14538 MRW 70507 a



1
AMENDMENT TO SENATE BILL 2537




2    AMENDMENT NO. ______. Amend Senate Bill 2537, AS AMENDED, 
3with reference to page and line numbers of House Amendment No. 
43, on page 1, line 6, by replacing "Section 31-4" with 
5"Sections 12-9 and 31-4"; and



 
6on page 3, by inserting immediately below line 3 the following:
 


7    "(720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)


8    Sec. 12-9. Threatening public officials. 

9    (a) A person commits threatening a public official when:


10        (1) that person knowingly delivers or conveys, 
11    directly
or indirectly, to a public official by any means a 
12    communication:


13            (i) containing a threat that would place
the public 
14        official or a member of his or her immediate family in 
15        reasonable
apprehension of immediate or future bodily 
16        harm, sexual assault, confinement,
or restraint; or


 
 
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1            (ii) containing a threat that would place the 
2        public official
or a member of his or her immediate 
3        family in reasonable apprehension that
damage will 
4        occur to property in the custody, care, or control of 
5        the public
official or his or her immediate family; and


6        (2) the threat was conveyed because of the performance 
7    or nonperformance
of some public duty, because of hostility 
8    of the person making the threat
toward the status or 
9    position of the public official, or because of any
other 
10    factor related to the official's public existence.

11    (a-5)   For purposes of a threat to a sworn law enforcement 
12officer, the threat  must contain specific facts indicative of a 
13unique threat to the person, family or property of the officer 
14and not a generalized threat of harm.

15    (a-6)  For purposes of a threat to a social worker, 
16caseworker, or investigator, the threat must contain specific 
17facts indicative of a unique threat to the person, family or 
18property of the individual and not a generalized threat of 
19harm. 
20    (b) For purposes of this Section:


21        (1) "Public official"
means a person who is elected to 
22    office in accordance with a statute or
who is appointed to 
23    an office which is established, and the qualifications
and 
24    duties of which are prescribed, by statute, to discharge a 
25    public duty
for the State or any of its political 
26    subdivisions or in the case of
an elective office any 
 
 
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1    person who has filed the required documents for
nomination 
2    or election to such office. "Public official" includes a

3    duly
appointed assistant State's Attorney, assistant 
4    Attorney General, or Appellate Prosecutor; , and a sworn 
5    law enforcement or peace officer;  a social worker, 
6    caseworker, or investigator employed by the Department of 
7    Healthcare and Family Services, the Department of Human 
8    Services, or the Department of Children and Family 
9    Services.


10        (2) "Immediate family" means a
public official's 
11    spouse or child or children.

12    (c) Threatening a public official is a Class 3 felony for a

13first offense and a Class 2 felony for a second or subsequent 
14offense.

15(Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11.)".