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| | SB3824 Engrossed | | LRB097 19827 RLC 65102 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 12-9 as follows:
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| 6 | | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
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| 7 | | Sec. 12-9. Threatening public officials.
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| 8 | | (a) A person commits threatening a public official when:
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| 9 | | (1) that person knowingly delivers or conveys, |
| 10 | | directly
or indirectly, to a public official by any means a |
| 11 | | communication:
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| 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
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| 16 | | (ii) containing a threat that would place the |
| 17 | | public official
or a member of his or her immediate |
| 18 | | family in reasonable apprehension that
damage will |
| 19 | | occur to property in the custody, care, or control of |
| 20 | | the public
official or his or her immediate family; and
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| 21 | | (2) the threat was conveyed because of the performance |
| 22 | | or nonperformance
of some public duty, because of hostility |
| 23 | | of the person making the threat
toward the status or |
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| | SB3824 Engrossed | - 2 - | LRB097 19827 RLC 65102 b |
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| 1 | | position of the public official, or because of any
other |
| 2 | | factor related to the official's public existence.
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| 3 | | (a-5) For purposes of a threat to a sworn law enforcement |
| 4 | | officer, the threat must contain specific facts indicative of a |
| 5 | | unique threat to the person, family or property of the officer |
| 6 | | and not a generalized threat of harm.
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| 7 | | (a-6) For purposes of a threat to a social worker, |
| 8 | | caseworker, or investigator, the threat must contain specific |
| 9 | | facts indicative of a unique threat to the person, family or |
| 10 | | property of the individual and not a generalized threat of |
| 11 | | harm. |
| 12 | | (b) For purposes of this Section:
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| 13 | | (1) "Public official"
means a person who is elected to |
| 14 | | office in accordance with a statute or
who is appointed to |
| 15 | | an office which is established, and the qualifications
and |
| 16 | | duties of which are prescribed, by statute, to discharge a |
| 17 | | public duty
for the State or any of its political |
| 18 | | subdivisions or in the case of
an elective office any |
| 19 | | person who has filed the required documents for
nomination |
| 20 | | or election to such office. "Public official" includes a
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| 21 | | duly
appointed assistant State's Attorney, assistant |
| 22 | | Attorney General, or Appellate Prosecutor; , and a sworn |
| 23 | | law enforcement or peace officer; a social worker, |
| 24 | | caseworker, or investigator employed by the Department of |
| 25 | | Healthcare and Family Services, the Department of Human |
| 26 | | Services, or the Department of Children and Family |