Illinois General Assembly - Full Text of Public Act 095-0466
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Public Act 095-0466




Public Act 095-0466
HB0328 Enrolled LRB095 04435 RLC 24480 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Criminal Code of 1961 is amended by changing
Section 12-9 as follows:
    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
    Sec. 12-9. Threatening public officials.
    (a) A person commits the offense of threatening a public
official when:
        (1) that person knowingly and willfully delivers or
    conveys, directly or indirectly, to a public official by
    any means a communication:
            (i) containing a threat that would place the public
        official or a member of his or her immediate family in
        reasonable apprehension of immediate or future bodily
        harm, sexual assault, confinement, or restraint; or
            (ii) containing a threat that would place the
        public official or a member of his or her immediate
        family in reasonable apprehension that damage will
        occur to property in the custody, care, or control of
        the public official or his or her immediate family; and
        (2) the threat was conveyed because of the performance
    or nonperformance of some public duty, because of hostility
    of the person making the threat toward the status or
    position of the public official, or because of any other
    factor related to the official's public existence.
    (a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of a
unique threat to the person, family or property of the officer
and not a generalized threat of harm.
    (b) For purposes of this Section:
        (1) "Public official" means a person who is elected to
    office in accordance with a statute or who is appointed to
    an office which is established, and the qualifications and
    duties of which are prescribed, by statute, to discharge a
    public duty for the State or any of its political
    subdivisions or in the case of an elective office any
    person who has filed the required documents for nomination
    or election to such office. "Public official" includes a
    duly appointed assistant State's Attorney and a sworn law
    enforcement or peace officer.
        (2) "Immediate family" means a public official's
    spouse or child or children.
    (c) Threatening a public official is a Class 3 felony for a
first offense and a Class 2 felony for a second or subsequent
(Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 92-16,
eff. 6-28-01.)

Effective Date: 6/1/2008