Illinois General Assembly - Full Text of HB0328
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Full Text of HB0328  95th General Assembly



HB0328 Enrolled LRB095 04435 RLC 24480 b

1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Criminal Code of 1961 is amended by changing
5 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
17             (ii) containing a threat that would place the
18         public official or a member of his or her immediate
19         family in reasonable apprehension that damage will
20         occur to property in the custody, care, or control of
21         the public official or his or her immediate family; and
22         (2) the threat was conveyed because of the performance
23     or nonperformance of some public duty, because of hostility



HB0328 Enrolled - 2 - LRB095 04435 RLC 24480 b

1     of the person making the threat toward the status or
2     position of the public official, or because of any other
3     factor related to the official's public existence.
4     (a-5) For purposes of a threat to a sworn law enforcement
5 officer, the threat must contain specific facts indicative of a
6 unique threat to the person, family or property of the officer
7 and not a generalized threat of harm.
8     (b) For purposes of this Section:
9         (1) "Public official" means a person who is elected to
10     office in accordance with a statute or who is appointed to
11     an office which is established, and the qualifications and
12     duties of which are prescribed, by statute, to discharge a
13     public duty for the State or any of its political
14     subdivisions or in the case of an elective office any
15     person who has filed the required documents for nomination
16     or election to such office. "Public official" includes a
17     duly appointed assistant State's Attorney and a sworn law
18     enforcement or peace officer.
19         (2) "Immediate family" means a public official's
20     spouse or child or children.
21     (c) Threatening a public official is a Class 3 felony for a
22 first offense and a Class 2 felony for a second or subsequent
23 offense.
24 (Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16,
25 eff. 6-28-01.)