102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3015
 
Introduced 1/5/2022, by Sen. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/12-9  from Ch. 38, par. 12-9

     Amends the Criminal Code of 2012.  In the statute concerning threatening a public official or human service provider, includes in the definition of "public official" a public health officer or administrator of the State or a unit of local government.
  


LRB102 22865 RLC 32016 b

 
 
A BILL FOR
 

  
SB3015LRB102 22865 RLC 32016 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 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; human service 
8providers. 

9    (a) A person commits threatening a public official or 
10human 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 
15        public official or human service provider or a member 
16        of his or her immediate family in reasonable

17        apprehension of immediate or future bodily harm, 
18        sexual assault, 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 
 
 
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1        his 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 
5    making the threat
toward the status or position of the 
6    public official or the human service provider, or because 
7    of any
other factor related to the official's public 
8    existence.

9    (a-5)   For purposes of a threat to a sworn law enforcement 
10officer, the threat  must contain specific facts indicative of 
11a unique threat to the person, family or property of the 
12officer and not a generalized threat of harm.

13    (a-6)  For purposes of a threat to a social worker, 
14caseworker, investigator, or human service provider, the 
15threat must contain specific facts indicative of a unique 
16threat to the person, family or property of the individual and 
17not a generalized threat of harm. 
18    (b) For purposes of this Section:

19        (1) "Public official"
means a person who is elected to 
20    office in accordance with a statute or
who is appointed to 
21    an office which is established, and the qualifications
and 
22    duties of which are prescribed, by statute, to discharge a 
23    public duty
for the State or any of its political 
24    subdivisions or in the case of
an elective office any 
25    person who has filed the required documents for
nomination 
26    or election to such office. "Public official" includes a

 
 
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1    duly
appointed assistant State's Attorney, assistant 
2    Attorney General, or Appellate Prosecutor; a sworn law 
3    enforcement or peace officer;  a social worker, caseworker, 
4    attorney, or investigator employed by the Department of 
5    Healthcare and Family Services, the Department of Human 
6    Services, the Department of Children and Family Services, 
7    or the Guardianship and Advocacy Commission; or an 
8    assistant public guardian, attorney, social worker, case 
9    manager, or investigator employed by a duly appointed 
10    public guardian. "Public official" includes a public 
11    health officer or administrator of the State or a unit of 
12    local government. 

13        (1.5)  "Human service provider" means a social worker, 
14    case worker, or investigator employed by an agency or 
15    organization providing social work, case work, or 
16    investigative services under a contract with or a grant 
17    from the Department of Human Services, the Department of 
18    Children and Family Services, the Department of Healthcare 
19    and Family Services, or the Department on Aging. 
20        (2) "Immediate family" means a
public official's 
21    spouse or child or children.

22    (c) Threatening a public official or human service 
23provider is a Class 3 felony for a
first offense and a Class 2 
24felony for a second or subsequent offense.

25(Source: P.A. 100-1, eff. 1-1-18.)