Full Text of SB2034 100th General Assembly
SB2034 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2034 Introduced 2/10/2017, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-9 | from Ch. 38, par. 12-9 |
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Amends the Criminal Code of 2012. Provides that for the purposes of the offense of threatening a public official or human service provider, "public official" includes a social worker, caseworker, attorney, or investigator employed by the Department of Healthcare and Family Services, the Department of Human Services, the Department of Children and Family Services, or the Guardianship and Advocacy Commission; or an assistant public guardian, attorney, social worker, case manager, or investigator employed by a duly appointed public guardian.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | SB2034 | | LRB100 08699 RLC 18835 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 12-9 as follows:
| 6 | | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
| 7 | | Sec. 12-9. Threatening public officials; human service | 8 | | providers.
| 9 | | (a) A person commits threatening a public official or human | 10 | | service provider when:
| 11 | | (1) that person knowingly delivers or conveys, | 12 | | directly
or indirectly, to a public official or human | 13 | | service provider by any means a communication:
| 14 | | (i) containing a threat that would place
the public | 15 | | official or human service provider or a member of his | 16 | | or her immediate family in reasonable
apprehension of | 17 | | immediate or future bodily harm, sexual assault, | 18 | | confinement,
or restraint; or
| 19 | | (ii) containing a threat that would place the | 20 | | public official
or human service provider or a member | 21 | | of his or her immediate family in reasonable | 22 | | apprehension that
damage will occur to property in the | 23 | | custody, care, or control of the public
official or his |
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| 1 | | or her immediate family; and
| 2 | | (2) the threat was conveyed because of the performance | 3 | | or nonperformance
of some public duty or duty as a human | 4 | | service provider, because of hostility of the person making | 5 | | the threat
toward the status or position of the public | 6 | | official or the human service provider, or because of any
| 7 | | other factor related to the official's public existence.
| 8 | | (a-5) For purposes of a threat to a sworn law enforcement | 9 | | officer, the threat must contain specific facts indicative of a | 10 | | unique threat to the person, family or property of the officer | 11 | | and not a generalized threat of harm.
| 12 | | (a-6) For purposes of a threat to a social worker, | 13 | | caseworker, investigator, or human service provider, the | 14 | | threat must contain specific facts indicative of a unique | 15 | | threat to the person, family or property of the individual and | 16 | | not a generalized threat of harm. | 17 | | (b) For purposes of this Section:
| 18 | | (1) "Public official"
means a person who is elected to | 19 | | office in accordance with a statute or
who is appointed to | 20 | | an office which is established, and the qualifications
and | 21 | | duties of which are prescribed, by statute, to discharge a | 22 | | public duty
for the State or any of its political | 23 | | subdivisions or in the case of
an elective office any | 24 | | person who has filed the required documents for
nomination | 25 | | or election to such office. "Public official" includes a
| 26 | | duly
appointed assistant State's Attorney, assistant |
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| 1 | | Attorney General, or Appellate Prosecutor; a sworn law | 2 | | enforcement or peace officer; a social worker, caseworker, | 3 | | attorney, or investigator employed by the Department of | 4 | | Healthcare and Family Services, the Department of Human | 5 | | Services, or the Department of Children and Family | 6 | | Services , or the Guardianship and Advocacy Commission; or | 7 | | an assistant public guardian, attorney, social worker, | 8 | | case manager, or investigator employed by a duly appointed | 9 | | public guardian .
| 10 | | (1.5) "Human service provider" means a social worker, | 11 | | case worker, or investigator employed by an agency or | 12 | | organization providing social work, case work, or | 13 | | investigative services under a contract with or a grant | 14 | | from the Department of Human Services, the Department of | 15 | | Children and Family Services, the Department of Healthcare | 16 | | and Family Services, or the Department on Aging.
| 17 | | (2) "Immediate family" means a
public official's | 18 | | spouse or child or children.
| 19 | | (c) Threatening a public official or human service provider | 20 | | is a Class 3 felony for a
first offense and a Class 2 felony for | 21 | | a second or subsequent offense.
| 22 | | (Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)
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