Judiciary II - Criminal Law Committee
Filed: 5/17/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 174




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    AMENDMENT NO. ______. Amend Senate Bill 174 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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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 
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official when:


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        (1) that person knowingly and willfully delivers or 
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    conveys, directly
or indirectly, to a public official by 
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    any means a communication:


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            (i) containing a threat that would place
the public 
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        official or a member of his or her immediate family in 
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        reasonable
apprehension of immediate or future bodily 
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        harm, sexual assault, confinement,
or restraint; or


 


 






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            (ii) containing a threat that would place the 
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        public official
or a member of his or her immediate 
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        family in reasonable apprehension that
damage will 
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        occur to property in the custody, care, or control of 
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        the public
official or his or her immediate family; and


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        (2) the threat was conveyed because of the performance 
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    or nonperformance
of some public duty, because of hostility 
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    of the person making the threat
toward the status or 
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    position of the public official, or because of any
other 
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    factor related to the official's public existence.

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    (a-5)   For purposes of a threat to a sworn law enforcement 
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officer, the threat  must contain specific facts indicative of a 
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unique threat to the person, family or property of the officer 
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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 
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    office in accordance with a statute or
who is appointed to 
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    an office which is established, and the qualifications
and 
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    duties of which are prescribed, by statute, to discharge a 
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    public duty
for the State or any of its political 
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    subdivisions or in the case of
an elective office any 
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    person who has filed the required documents for
nomination 
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    or election to such office. "Public official" includes a

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    duly
appointed assistant State's Attorney and a sworn law 
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    enforcement or peace officer.


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        (2) "Immediate family" means a
public official's 
 


 






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    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 
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offense.

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(Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16, 
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eff.
6-28-01.)".