State of Illinois
91st General Assembly
Legislation

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91_HB2037enr

 
HB2037 Enrolled                                LRB9101730RCks

 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  by
13        any means a communication:
14                  (i)  containing  a  threat that would place the
15             public official or a member of his or her  immediate
16             family  in  reasonable  apprehension of immediate or
17             future bodily harm, sexual assault, confinement,  or
18             restraint; or
19                  (ii)  containing  a threat that would place the
20             public official or a member of his or her  immediate
21             family  in  reasonable apprehension that damage will
22             occur to property in the custody, care,  or  control
23             of  the  public  official  or  his  or her immediate
24             family; and  any  telephone  communication,  letter,
25             paper,   writing,   print,   missive,   or  document
26             containing a threat  to  take  the  life  of  or  to
27             inflict  great  bodily harm upon the public official
28             or a member of his immediate family and
29             (2) the  threat  was   conveyed   because   of   the
30        performance   or  nonperformance  of  some  public  duty,
31        because of hostility of  the  person  making  the  threat
 
HB2037 Enrolled             -2-                LRB9101730RCks
 1        toward  the status or position of the public official, or
 2        because  of  any  some  other  factor  related   to   the
 3        official's public existence.
 4        (b)  For  purposes of this Section: (1) "public official"
 5    means a person who is elected to office in accordance with  a
 6    statute   or   who   is  appointed  to  an  office  which  is
 7    established, and the qualifications and duties of  which  are
 8    prescribed,  by  statute,  to discharge a public duty for the
 9    State or any of its political subdivisions or in the case  of
10    an  elective  office  any  person  who has filed the required
11    documents for nomination or  election  to  such  office;  (2)
12    "immediate family" means a public official's spouse, child or
13    children.
14        (c)  Threatening a public official is a Class 3 4 felony
15    for  a  first  offense  and  a Class 2 felony for a second or
16    subsequent offense.
17    (Source: P.A. 87-238.)

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