Public Act 095-0466
 		





HB0328 Enrolled
LRB095 04435 RLC 24480 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 1961 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. 

    (a) A person commits the offense of threatening a public 
official when:


        (1) that person knowingly and willfully delivers or 
    conveys, directly
or indirectly, to a public official by 
    any means a communication:


            (i) containing a threat that would place
the public 
        official 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 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, because of hostility 
    of the person making the threat
toward the status or 
    position of the public official, 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.

    (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 and a sworn law 
    enforcement or peace officer.


        (2) "Immediate family" means a
public official's 
    spouse or child or children.

    (c) Threatening a public official is a Class 3 felony for a

first offense and a Class 2 felony for a second or subsequent 
offense.

(Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16, 
eff.
6-28-01.)