Rep. Jack D. Franks
Filed: 5/30/2012
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO SENATE BILL 2537
| ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 2537, AS AMENDED, | ||||||
| 3 | with reference to page and line numbers of House Amendment No. | ||||||
| 4 | 1, on page 1, line 5, by replacing "Section 31-4" with | ||||||
| 5 | "Sections 12-9 and 31-4"; and
| ||||||
| 6 | on page 2, by inserting immediately below line 24 the | ||||||
| 7 | following:
| ||||||
| 8 | "(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
| ||||||
| 9 | Sec. 12-9. Threatening public officials.
| ||||||
| 10 | (a) A person commits threatening a public official when:
| ||||||
| 11 | (1) that person knowingly delivers or conveys, | ||||||
| 12 | directly
or indirectly, to a public official by any means a | ||||||
| 13 | communication:
| ||||||
| 14 | (i) containing a threat that would place
the public | ||||||
| 15 | official or a member of his or her immediate family in | ||||||
| 16 | reasonable
apprehension of immediate or future bodily | ||||||
| |||||||
| |||||||
| 1 | harm, sexual assault, confinement,
or restraint; or
| ||||||
| 2 | (ii) containing a threat that would place the | ||||||
| 3 | public official
or a member of his or her immediate | ||||||
| 4 | family in reasonable apprehension that
damage will | ||||||
| 5 | occur to property in the custody, care, or control of | ||||||
| 6 | the public
official or his or her immediate family; and
| ||||||
| 7 | (2) the threat was conveyed because of the performance | ||||||
| 8 | or nonperformance
of some public duty, because of hostility | ||||||
| 9 | of the person making the threat
toward the status or | ||||||
| 10 | position of the public official, or because of any
other | ||||||
| 11 | factor related to the official's public existence.
| ||||||
| 12 | (a-5) For purposes of a threat to a sworn law enforcement | ||||||
| 13 | officer, the threat must contain specific facts indicative of a | ||||||
| 14 | unique threat to the person, family or property of the officer | ||||||
| 15 | and not a generalized threat of harm.
| ||||||
| 16 | (a-6) For purposes of a threat to a social worker, | ||||||
| 17 | caseworker, or investigator, the threat must contain specific | ||||||
| 18 | facts indicative of a unique threat to the person, family or | ||||||
| 19 | property of the individual and not a generalized threat of | ||||||
| 20 | harm. | ||||||
| 21 | (b) For purposes of this Section:
| ||||||
| 22 | (1) "Public official"
means a person who is elected to | ||||||
| 23 | office in accordance with a statute or
who is appointed to | ||||||
| 24 | an office which is established, and the qualifications
and | ||||||
| 25 | duties of which are prescribed, by statute, to discharge a | ||||||
| 26 | public duty
for the State or any of its political | ||||||
| |||||||
| |||||||
| 1 | subdivisions or in the case of
an elective office any | ||||||
| 2 | person who has filed the required documents for
nomination | ||||||
| 3 | or election to such office. "Public official" includes a
| ||||||
| 4 | duly
appointed assistant State's Attorney, assistant | ||||||
| 5 | Attorney General, or Appellate Prosecutor; , and a sworn | ||||||
| 6 | law enforcement or peace officer; a social worker, | ||||||
| 7 | caseworker, or investigator employed by the Department of | ||||||
| 8 | Healthcare and Family Services, the Department of Human | ||||||
| 9 | Services, or the Department of Children and Family | ||||||
| 10 | Services.
| ||||||
| 11 | (2) "Immediate family" means a
public official's | ||||||
| 12 | spouse or child or children.
| ||||||
| 13 | (c) Threatening a public official is a Class 3 felony for a
| ||||||
| 14 | first offense and a Class 2 felony for a second or subsequent | ||||||
| 15 | offense.
| ||||||
| 16 | (Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11.)".
| ||||||