Sen. John M. Sullivan
Filed: 3/1/2012
 
 

 

 

 
09700SB3824sam001LRB097 19827 RLC 66804 a



1
AMENDMENT TO SENATE BILL 3824 




2    AMENDMENT NO. ______. Amend Senate Bill 3824 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Criminal Code of 1961 is amended  by 
5changing Section 12-9 as follows:
 


6    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)


7    Sec. 12-9. Threatening public officials. 

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


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


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


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


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

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

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


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

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


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

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

12first offense and a Class 2 felony for a second or subsequent 
13offense.

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