Full Text of SB1609 98th General Assembly
SB1609 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1609 Introduced 2/13/2013, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-9 | from Ch. 38, par. 12-9 |
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Amends the Criminal Code of 2012. Includes in the offense of threatening a public official threatening a human service provider. Defines "human service provider".
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 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 | 8 | | providers .
| 9 | | (a) A person commits threatening a public official or human | 10 | | service 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 |
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| 1 | | or her immediate family; and
| 2 | | (2) the threat was conveyed because of the performance | 3 | | or nonperformance
of some public duty, because of hostility | 4 | | of the person making the threat
toward the status or | 5 | | position of the public official or toward the human service | 6 | | provider acting in his or her authorized capacity , or | 7 | | because of any
other factor related to the official's | 8 | | public existence.
| 9 | | (a-5) For purposes of a threat to a sworn law enforcement | 10 | | officer, the threat must contain specific facts indicative of a | 11 | | unique threat to the person, family or property of the officer | 12 | | and not a generalized threat of harm.
| 13 | | (a-6) For purposes of a threat to a social worker, | 14 | | caseworker, or investigator, or human service provider, the | 15 | | threat must contain specific facts indicative of a unique | 16 | | threat to the person, family or property of the individual and | 17 | | not a generalized threat of harm. | 18 | | (b) For purposes of this Section:
| 19 | | (1) "Public official"
means a person who is elected to | 20 | | office in accordance with a statute or
who is appointed to | 21 | | an office which is established, and the qualifications
and | 22 | | duties of which are prescribed, by statute, to discharge a | 23 | | public duty
for the State or any of its political | 24 | | subdivisions or in the case of
an elective office any | 25 | | person who has filed the required documents for
nomination | 26 | | or election to such office. "Public official" includes a
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| 1 | | duly
appointed assistant State's Attorney, assistant | 2 | | Attorney General, or Appellate Prosecutor; a sworn law | 3 | | enforcement or peace officer; a social worker, caseworker, | 4 | | or investigator employed by the Department of Healthcare | 5 | | and Family Services, the Department of Human Services, or | 6 | | the Department of Children and Family Services.
| 7 | | (1.5) "Human service provider" means a social worker, | 8 | | case worker, or investigator employed by an agency or | 9 | | organization providing social work, case work, or | 10 | | investigative services under a contract with or a grant | 11 | | from the State of Illinois.
| 12 | | (2) "Immediate family" means a
public official's | 13 | | spouse or child or children.
| 14 | | (c) Threatening a public official or human service provider | 15 | | is a Class 3 felony for a
first offense and a Class 2 felony for | 16 | | a second or subsequent offense.
| 17 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1079, eff. 1-1-13.)
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