Illinois General Assembly - Full Text of SB3824
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Full Text of SB3824  97th General Assembly


Sen. John M. Sullivan

Filed: 3/1/2012





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