Illinois General Assembly - Full Text of SB1609
Illinois General Assembly

Previous General Assemblies

Full Text of SB1609  98th General Assembly

SB1609enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB1609 EnrolledLRB098 08542 RLC 38654 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 changing
5Section 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 human
10service 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 public
15        official or human service provider or a member of his
16        or her immediate family in reasonable apprehension of
17        immediate or future bodily harm, sexual assault,
18        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 his

 

 

SB1609 Enrolled- 2 -LRB098 08542 RLC 38654 b

1        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 making
5    the threat toward the status or position of the public
6    official or the human service provider, or because of any
7    other factor related to the official's public existence.
8    (a-5) For purposes of a threat to a sworn law enforcement
9officer, the threat must contain specific facts indicative of a
10unique threat to the person, family or property of the officer
11and not a generalized threat of harm.
12    (a-6) For purposes of a threat to a social worker,
13caseworker, or investigator, or human service provider, the
14threat must contain specific facts indicative of a unique
15threat to the person, family or property of the individual and
16not a generalized threat of harm.
17    (b) For purposes of this Section:
18        (1) "Public official" means a person who is elected to
19    office in accordance with a statute or who is appointed to
20    an office which is established, and the qualifications and
21    duties of which are prescribed, by statute, to discharge a
22    public duty for the State or any of its political
23    subdivisions or in the case of an elective office any
24    person who has filed the required documents for nomination
25    or election to such office. "Public official" includes a
26    duly appointed assistant State's Attorney, assistant

 

 

SB1609 Enrolled- 3 -LRB098 08542 RLC 38654 b

1    Attorney General, or Appellate Prosecutor; a sworn law
2    enforcement or peace officer; a social worker, caseworker,
3    or investigator employed by the Department of Healthcare
4    and Family Services, the Department of Human Services, or
5    the Department of Children and Family Services.
6        (1.5) "Human service provider" means a social worker,
7    case worker, or investigator employed by an agency or
8    organization providing social work, case work, or
9    investigative services under a contract with or a grant
10    from the Department of Human Services, the Department of
11    Children and Family Services, the Department of Healthcare
12    and Family Services, or the Department on Aging.
13        (2) "Immediate family" means a public official's
14    spouse or child or children.
15    (c) Threatening a public official or human service provider
16is a Class 3 felony for a first offense and a Class 2 felony for
17a second or subsequent offense.
18(Source: P.A. 96-1551, eff. 7-1-11; 97-1079, eff. 1-1-13.)