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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 12-9 as follows:
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| 6 | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
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| 7 | Sec. 12-9. Threatening public officials.
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| 8 | (a) A person commits the offense of threatening a public | ||||||
| 9 | official when:
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| 10 | (1) that person knowingly and willfully delivers or | ||||||
| 11 | conveys, directly
or indirectly, to a public official by | ||||||
| 12 | any means a communication:
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| 13 | (i) containing a threat that would place
the public | ||||||
| 14 | official or a member of his or her immediate family in | ||||||
| 15 | reasonable
apprehension of immediate or future bodily | ||||||
| 16 | harm, sexual assault, confinement,
or restraint; or
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| 17 | (ii) containing a threat that would place the | ||||||
| 18 | public official
or a member of his or her immediate | ||||||
| 19 | family in reasonable apprehension that
damage will | ||||||
| 20 | occur to property in the custody, care, or control of | ||||||
| 21 | the public
official or his or her immediate family; and
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| 22 | (2) the threat was conveyed because of the performance | ||||||
| 23 | or nonperformance
of some public duty, because of hostility | ||||||
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| 1 | of the person making the threat
toward the status or | ||||||
| 2 | position of the public official, or because of any
other | ||||||
| 3 | factor related to the official's public existence.
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| 4 | (b) For purposes of this Section:
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| 5 | (1) "Public official"
means a person who is elected to | ||||||
| 6 | office in accordance with a statute or
who is appointed to | ||||||
| 7 | an office which is established, and the qualifications
and | ||||||
| 8 | duties of which are prescribed, by statute, to discharge a | ||||||
| 9 | public duty
for the State or any of its political | ||||||
| 10 | subdivisions or in the case of
an elective office any | ||||||
| 11 | person who has filed the required documents for
nomination | ||||||
| 12 | or election to such office. "Public official" includes a
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| 13 | duly
appointed assistant State's Attorney and a sworn law | ||||||
| 14 | enforcement or peace officer.
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| 15 | (2) "Immediate family" means a
public official's | ||||||
| 16 | spouse or child or children.
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| 17 | (c) Threatening a public official is a Class 3 felony for a
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| 18 | first offense and a Class 2 felony for a second or subsequent | ||||||
| 19 | offense.
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| 20 | (Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16, | ||||||
| 21 | eff.
6-28-01.)
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