Illinois General Assembly - Full Text of SB2537
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Full Text of SB2537  97th General Assembly


Rep. Jack D. Franks

Filed: 5/30/2012





09700SB2537ham004LRB097 14538 RLC 70461 a


2    AMENDMENT NO. ______. Amend Senate Bill 2537, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, on page 1, line 5, by replacing "Section 31-4" with
5"Sections 12-9 and 31-4"; and
6on page 2, by inserting immediately below line 24 the
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



09700SB2537ham004- 2 -LRB097 14538 RLC 70461 a

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
13officer, the threat must contain specific facts indicative of a
14unique threat to the person, family or property of the officer
15and not a generalized threat of harm.
16    (a-6) For purposes of a threat to a social worker,
17caseworker, or investigator, the threat must contain specific
18facts indicative of a unique threat to the person, family or
19property of the individual and not a generalized threat of
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
14first offense and a Class 2 felony for a second or subsequent
16(Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11.)".