State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0387

HB2037 Enrolled                                LRB9101730RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 12-9.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Section 12-9 as follows:

    (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
    Sec. 12-9.  Threatening public officials.
    (a)  A person commits the offense of threatening a public
official when:
         (1) that  person knowingly and willfully delivers or
    conveys, directly or indirectly, to a public official  by
    any means a communication:
              (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
              (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  any  telephone  communication,  letter,
         paper,   writing,   print,   missive,   or  document
         containing a threat  to  take  the  life  of  or  to
         inflict  great  bodily harm upon the public official
         or a member of his immediate family and
         (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  some  other  factor  related   to   the
    official's public existence.
    (b)  For  purposes of this Section: (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;  (2)
"immediate family" means a public official's spouse, child or
children.
    (c)  Threatening  a public official is a Class 3 4 felony
for a first offense and a Class 2  felony  for  a  second  or
subsequent offense.
(Source: P.A. 87-238.)