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| Public Act 095-0466 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 12-9 as follows:
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(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
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Sec. 12-9. Threatening public officials.
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(a) A person commits the offense of threatening a public | ||||
official when:
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(1) that person knowingly and willfully delivers or | ||||
conveys, directly
or indirectly, to a public official by | ||||
any means a communication:
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(i) containing a threat that 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
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(ii) containing a threat that would place the | ||||
public official
or a member of his or her immediate | ||||
family 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; and
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(2) the threat was conveyed because of the performance | ||||
or nonperformance
of some public duty, because of hostility | ||||
of the person making the threat
toward the status or | ||
position of the public official, or because of any
other | ||
factor related to the official's public existence.
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(a-5) For purposes of a threat to a sworn law enforcement | ||
officer, the threat must contain specific facts indicative of a | ||
unique threat to the person, family or property of the officer | ||
and not a generalized threat of harm.
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(b) For purposes of this Section:
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(1) "Public official"
means a person who is elected to | ||
office in accordance with a statute or
who is appointed to | ||
an office which is established, and the qualifications
and | ||
duties of which are prescribed, by statute, to discharge a | ||
public duty
for the State or any of its political | ||
subdivisions or in the case of
an elective office any | ||
person who has filed the required documents for
nomination | ||
or election to such office. "Public official" includes a
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duly
appointed assistant State's Attorney and a sworn law | ||
enforcement or peace officer.
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(2) "Immediate family" means a
public official's | ||
spouse or child or children.
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(c) Threatening a public official is a Class 3 felony for a
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first offense and a Class 2 felony for a second or subsequent | ||
offense.
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(Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
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