Full Text of SB2537 97th General Assembly
SB2537ham004 97TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 5/30/2012
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| 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 |
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| 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 |
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| 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 .)".
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