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91_HB0408eng HB0408 Engrossed LRB9100256RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-9. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 12-9 as follows: 7 (720 ILCS 5/12-9) (from Ch. 38, par. 12-9) 8 Sec. 12-9. Threatening public officials. 9 (a) A person commits the offense of threatening a public 10 official when: 11 (1) that person knowingly and willfully delivers or 12 conveys, directly or indirectly, to a public official any 13 telephone communication, radio communication, computer 14 transmission, letter, paper, writing, print, missive, or 15 document containing a threat to take the life of or to 16 inflict great bodily harm upon the public official or a 17 member of his immediate family and 18 (2) the threat was conveyed because of the 19 performance or nonperformance of some public duty, 20 because of hostility of the person making the threat 21 toward the status or position of the public official, or 22 because of some other factor related to the official's 23 public existence. 24 (b) For purposes of this Section: 25 (1) "public official" means a person who is elected 26 to office in accordance with a statute or who is 27 appointed to an office which is established, and the 28 qualifications and duties of which are prescribed, by 29 statute, to discharge a public duty for the State or any 30 of its political subdivisions or in the case of an 31 elective office any person who has filed the required HB0408 Engrossed -2- LRB9100256RCks 1 documents for nomination or election to such office; 2 (2) "Immediate family" means a public official's 3 spouse, child or children;.4 (3) "Computer" has the meaning ascribed to it in 5 Section 16D-2 of this Code; 6 (4) "Computer transmission" includes a transmission 7 made through the Internet, computer network, or on-line 8 service; 9 (5) "Internet" means an interactive computer 10 service or system or an information service, system, or 11 access software provider that provides or enables 12 computer access by multiple users to a computer server, 13 and includes, but is not limited to, an information 14 service, system, or access software provider that 15 provides access to a network system commonly known as the 16 Internet, or any comparable system or service and also 17 includes, but is not limited to, a World Wide Web page, 18 newsgroup, message board, electronic mail, mailing list, 19 or chat area on any interactive computer service or 20 system or other on-line service. 21 (c) Threatening a public official is a Class 4 felony. 22 (Source: P.A. 87-238.)