102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3015

 

Introduced 1/5/2022, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-9  from Ch. 38, par. 12-9

    Amends the Criminal Code of 2012. In the statute concerning threatening a public official or human service provider, includes in the definition of "public official" a public health officer or administrator of the State or a unit of local government.


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A BILL FOR

 

SB3015LRB102 22865 RLC 32016 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-9 as follows:
 
6    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
7    Sec. 12-9. Threatening public officials; human service
8providers.
9    (a) A person commits threatening a public official or
10human service provider when:
11        (1) that person knowingly delivers or conveys,
12    directly or indirectly, to a public official or human
13    service provider by any means a communication:
14            (i) containing a threat that would place the
15        public official or human service provider or a member
16        of his or her immediate family in reasonable
17        apprehension of immediate or future bodily harm,
18        sexual assault, confinement, or restraint; or
19            (ii) containing a threat that would place the
20        public official or human service provider or a member
21        of his or her immediate family in reasonable
22        apprehension that damage will occur to property in the
23        custody, care, or control of the public official or

 

 

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1        his or her immediate family; and
2        (2) the threat was conveyed because of the performance
3    or nonperformance of some public duty or duty as a human
4    service provider, because of hostility of the person
5    making the threat toward the status or position of the
6    public official or the human service provider, or because
7    of any other factor related to the official's public
8    existence.
9    (a-5) For purposes of a threat to a sworn law enforcement
10officer, the threat must contain specific facts indicative of
11a unique threat to the person, family or property of the
12officer and not a generalized threat of harm.
13    (a-6) For purposes of a threat to a social worker,
14caseworker, investigator, or human service provider, the
15threat must contain specific facts indicative of a unique
16threat to the person, family or property of the individual and
17not a generalized threat of harm.
18    (b) For purposes of this Section:
19        (1) "Public official" means a person who is elected to
20    office in accordance with a statute or who is appointed to
21    an office which is established, and the qualifications and
22    duties of which are prescribed, by statute, to discharge a
23    public duty for the State or any of its political
24    subdivisions or in the case of an elective office any
25    person who has filed the required documents for nomination
26    or election to such office. "Public official" includes a

 

 

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1    duly appointed assistant State's Attorney, assistant
2    Attorney General, or Appellate Prosecutor; a sworn law
3    enforcement or peace officer; a social worker, caseworker,
4    attorney, or investigator employed by the Department of
5    Healthcare and Family Services, the Department of Human
6    Services, the Department of Children and Family Services,
7    or the Guardianship and Advocacy Commission; or an
8    assistant public guardian, attorney, social worker, case
9    manager, or investigator employed by a duly appointed
10    public guardian. "Public official" includes a public
11    health officer or administrator of the State or a unit of
12    local government.
13        (1.5) "Human service provider" means a social worker,
14    case worker, or investigator employed by an agency or
15    organization providing social work, case work, or
16    investigative services under a contract with or a grant
17    from the Department of Human Services, the Department of
18    Children and Family Services, the Department of Healthcare
19    and Family Services, or the Department on Aging.
20        (2) "Immediate family" means a public official's
21    spouse or child or children.
22    (c) Threatening a public official or human service
23provider is a Class 3 felony for a first offense and a Class 2
24felony for a second or subsequent offense.
25(Source: P.A. 100-1, eff. 1-1-18.)