Sen. Dale A. Righter
Filed: 5/1/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 328
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 328 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 12-9 as follows:
| ||||||
6 | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
| ||||||
7 | Sec. 12-9. Threatening public officials.
| ||||||
8 | (a) A person commits the offense of threatening a public | ||||||
9 | official when:
| ||||||
10 | (1) that person knowingly and willfully delivers or | ||||||
11 | conveys, directly
or indirectly, to a public official by | ||||||
12 | any means a communication:
| ||||||
13 | (i) containing a threat that would place
the public | ||||||
14 | official or a member of his or her immediate family in | ||||||
15 | reasonable
apprehension of immediate or future bodily | ||||||
16 | harm, sexual assault, confinement,
or restraint; or
|
| |||||||
| |||||||
1 | (ii) containing a threat that would place the | ||||||
2 | public official
or a member of his or her immediate | ||||||
3 | family in reasonable apprehension that
damage will | ||||||
4 | occur to property in the custody, care, or control of | ||||||
5 | the public
official or his or her immediate family; and
| ||||||
6 | (2) the threat was conveyed because of the performance | ||||||
7 | or nonperformance
of some public duty, because of hostility | ||||||
8 | of the person making the threat
toward the status or | ||||||
9 | position of the public official, or because of any
other | ||||||
10 | factor related to the official's public existence.
| ||||||
11 | (a-5) For purposes of a threat to a sworn law enforcement | ||||||
12 | officer, the threat must contain specific facts indicative of a | ||||||
13 | unique threat to the person, family or property of the officer | ||||||
14 | and not a generalized threat of harm.
| ||||||
15 | (b) For purposes of this Section:
| ||||||
16 | (1) "Public official"
means a person who is elected to | ||||||
17 | office in accordance with a statute or
who is appointed to | ||||||
18 | an office which is established, and the qualifications
and | ||||||
19 | duties of which are prescribed, by statute, to discharge a | ||||||
20 | public duty
for the State or any of its political | ||||||
21 | subdivisions or in the case of
an elective office any | ||||||
22 | person who has filed the required documents for
nomination | ||||||
23 | or election to such office. "Public official" includes a
| ||||||
24 | duly
appointed assistant State's Attorney and a sworn law | ||||||
25 | enforcement or peace officer .
| ||||||
26 | (2) "Immediate family" means a
public official's |
| |||||||
| |||||||
1 | spouse or child or children.
| ||||||
2 | (c) Threatening a public official is a Class 3 felony for a
| ||||||
3 | first offense and a Class 2 felony for a second or subsequent | ||||||
4 | offense.
| ||||||
5 | (Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16, | ||||||
6 | eff.
6-28-01.)".
|