Full Text of SB3824 97th General Assembly
SB3824sam001 97TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 3/1/2012
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| 1 | | AMENDMENT TO SENATE BILL 3824
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3824 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by | 5 | | changing 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 | 11 | | officer, the threat must contain specific facts indicative of a | 12 | | unique threat to the person, family or property of the officer | 13 | | and not a generalized threat of harm.
| 14 | | (a-6) For purposes of a threat to a social worker, | 15 | | caseworker, or investigator, the threat must contain specific | 16 | | facts indicative of a unique threat to the person, family or | 17 | | property of the individual and not a generalized threat of | 18 | | harm. | 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
| 12 | | first offense and a Class 2 felony for a second or subsequent | 13 | | offense.
| 14 | | (Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11 .)".
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