Rep. Jack D. Franks

Filed: 5/31/2012





09700SB2537ham005LRB097 14538 MRW 70507 a


2    AMENDMENT NO. ______. Amend Senate Bill 2537, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
43, on page 1, line 6, by replacing "Section 31-4" with
5"Sections 12-9 and 31-4"; and
6on page 3, by inserting immediately below line 3 the following:
7    "(720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
8    Sec. 12-9. Threatening public officials.
9    (a) A person commits threatening a public official when:
10        (1) that person knowingly delivers or conveys,
11    directly or indirectly, to a public official by any means a
12    communication:
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



09700SB2537ham005- 2 -LRB097 14538 MRW 70507 a

1            (ii) containing a threat that would place the
2        public official or a member of his or her immediate
3        family in reasonable apprehension that damage will
4        occur to property in the custody, care, or control of
5        the public official or his or her immediate family; and
6        (2) the threat was conveyed because of the performance
7    or nonperformance of some public duty, because of hostility
8    of the person making the threat toward the status or
9    position of the public official, or because of any other
10    factor related to the official's public existence.
11    (a-5) For purposes of a threat to a sworn law enforcement
12officer, the threat must contain specific facts indicative of a
13unique threat to the person, family or property of the officer
14and not a generalized threat of harm.
15    (a-6) For purposes of a threat to a social worker,
16caseworker, or investigator, the threat must contain specific
17facts indicative of a unique threat to the person, family or
18property of the individual and not a generalized threat of
20    (b) For purposes of this Section:
21        (1) "Public official" means a person who is elected to
22    office in accordance with a statute or who is appointed to
23    an office which is established, and the qualifications and
24    duties of which are prescribed, by statute, to discharge a
25    public duty for the State or any of its political
26    subdivisions or in the case of an elective office any



09700SB2537ham005- 3 -LRB097 14538 MRW 70507 a

1    person who has filed the required documents for nomination
2    or election to such office. "Public official" includes a
3    duly appointed assistant State's Attorney, assistant
4    Attorney General, or Appellate Prosecutor; , and a sworn
5    law enforcement or peace officer; a social worker,
6    caseworker, or investigator employed by the Department of
7    Healthcare and Family Services, the Department of Human
8    Services, or the Department of Children and Family
9    Services.
10        (2) "Immediate family" means a public official's
11    spouse or child or children.
12    (c) Threatening a public official is a Class 3 felony for a
13first offense and a Class 2 felony for a second or subsequent
15(Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11.)".