HB0328 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0328

 

Introduced 1/22/2007, by Rep. Chapin Rose

 

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

    Amends the Criminal Code of 1961 concerning the offense of threatening a public official. Includes in the definition of "public official" a sworn law enforcement or peace officer.


LRB095 04435 RLC 24480 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0328 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 - 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     (b) For purposes of this Section:
5         (1) "Public official" means a person who is elected to
6     office in accordance with a statute or who is appointed to
7     an office which is established, and the qualifications and
8     duties of which are prescribed, by statute, to discharge a
9     public duty for the State or any of its political
10     subdivisions or in the case of an elective office any
11     person who has filed the required documents for nomination
12     or election to such office. "Public official" includes a
13     duly appointed assistant State's Attorney and a sworn law
14     enforcement or peace officer.
15         (2) "Immediate family" means a public official's
16     spouse or child or children.
17     (c) Threatening a public official is a Class 3 felony for a
18 first offense and a Class 2 felony for a second or subsequent
19 offense.
20 (Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16,
21 eff. 6-28-01.)