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Public Act 098-0529


 

Public Act 0529 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0529
 
SB1609 EnrolledLRB098 08542 RLC 38654 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 12-9 as follows:
 
    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
    Sec. 12-9. Threatening public officials; human service
providers.
    (a) A person commits threatening a public official or human
service provider when:
        (1) that person knowingly delivers or conveys,
    directly or indirectly, to a public official or human
    service provider by any means a communication:
            (i) containing a threat that would place the public
        official or human service provider or a member of his
        or her immediate family in reasonable apprehension of
        immediate or future bodily harm, sexual assault,
        confinement, or restraint; or
            (ii) containing a threat that would place the
        public official or human service provider or a member
        of his or her immediate family in reasonable
        apprehension that damage will occur to property in the
        custody, care, or control of the public official or his
        or her immediate family; and
        (2) the threat was conveyed because of the performance
    or nonperformance of some public duty or duty as a human
    service provider, because of hostility of the person making
    the threat toward the status or position of the public
    official or the human service provider, or because of any
    other factor related to the official's public existence.
    (a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of a
unique threat to the person, family or property of the officer
and not a generalized threat of harm.
    (a-6) For purposes of a threat to a social worker,
caseworker, or investigator, or human service provider, the
threat must contain specific facts indicative of a unique
threat to the person, family or property of the individual and
not a generalized threat of harm.
    (b) For purposes of this Section:
        (1) "Public official" means a person who is elected to
    office in accordance with a statute or who is appointed to
    an office which is established, and the qualifications and
    duties of which are prescribed, by statute, to discharge a
    public duty for the State or any of its political
    subdivisions or in the case of an elective office any
    person who has filed the required documents for nomination
    or election to such office. "Public official" includes a
    duly appointed assistant State's Attorney, assistant
    Attorney General, or Appellate Prosecutor; a sworn law
    enforcement or peace officer; a social worker, caseworker,
    or investigator employed by the Department of Healthcare
    and Family Services, the Department of Human Services, or
    the Department of Children and Family Services.
        (1.5) "Human service provider" means a social worker,
    case worker, or investigator employed by an agency or
    organization providing social work, case work, or
    investigative services under a contract with or a grant
    from the Department of Human Services, the Department of
    Children and Family Services, the Department of Healthcare
    and Family Services, or the Department on Aging.
        (2) "Immediate family" means a public official's
    spouse or child or children.
    (c) Threatening a public official or human service provider
is a Class 3 felony for a first offense and a Class 2 felony for
a second or subsequent offense.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1079, eff. 1-1-13.)

Effective Date: 1/1/2014