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90_SB1541
720 ILCS 5/12-9 from Ch. 38, par. 12-9
Amends the Criminal Code of 1961 relating to threatening
a public official. Provides that the threat may be made by
any means of communication and extends the threat to that
which would place the public official or a member of his or
her immediate family in reasonable apprehension of immediate
or future bodily harm, sexual assault, confinement, or
restraint or in reasonable apprehension that damage will
occur to property in the custody, care, or control of the
public official or his or her immediate family. Increases
the penalty from a Class 4 felony to a Class 3 felony for a
first offense and for a second or subsequent offense, to a
Class 2 felony. Effective immediately.
LRB9007790RCks
LRB9007790RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-9 as follows:
7 (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
8 Sec. 12-9. Threatening public officials.
9 (a) A person commits the offense of threatening a public
10 official when:
11 (1) that person knowingly and willfully delivers or
12 conveys, directly or indirectly, to a public official by
13 any means a communication:
14 (i) containing a threat that would place the
15 public official or a member of his or her immediate
16 family in reasonable apprehension of immediate or
17 future bodily harm, sexual assault, confinement, or
18 restraint; or
19 (ii) containing a threat that would place the
20 public official or a member of his or her immediate
21 family in reasonable apprehension that damage will
22 occur to property in the custody, care, or control
23 of the public official or his or her immediate
24 family; and any telephone communication, letter,
25 paper, writing, print, missive, or document
26 containing a threat to take the life of or to
27 inflict great bodily harm upon the public official
28 or a member of his immediate family and
29 (2) the threat was conveyed because of the
30 performance or nonperformance of some public duty,
31 because of hostility of the person making the threat
-2- LRB9007790RCks
1 toward the status or position of the public official, or
2 because of any some other factor related to the
3 official's public existence.
4 (b) For purposes of this Section: (1) "public official"
5 means a person who is elected to office in accordance with a
6 statute or who is appointed to an office which is
7 established, and the qualifications and duties of which are
8 prescribed, by statute, to discharge a public duty for the
9 State or any of its political subdivisions or in the case of
10 an elective office any person who has filed the required
11 documents for nomination or election to such office; (2)
12 "immediate family" means a public official's spouse, child or
13 children.
14 (c) Threatening a public official is a Class 3 4 felony
15 for a first offense and a Class 2 felony for a second or
16 subsequent offense.
17 (Source: P.A. 87-238.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.