SB2034 EngrossedLRB100 08699 RLC 18835 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 changing 
5Section 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 human 
10service 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 public 
15 official or human service provider or a member of his 
16 or her immediate family in reasonable
apprehension of 
17 immediate or future bodily harm, sexual assault, 
18 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 his 
 
 
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1 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 making 
5 the threat
toward the status or position of the public 
6 official or the human service provider, or because of any

7 other factor related to the official's public existence.

8 (a-5) For purposes of a threat to a sworn law enforcement 
9officer, the threat must contain specific facts indicative of a 
10unique threat to the person, family or property of the officer 
11and not a generalized threat of harm.

12 (a-6) For purposes of a threat to a social worker, 
13caseworker, investigator, or human service provider, the 
14threat must contain specific facts indicative of a unique 
15threat to the person, family or property of the individual and 
16not a generalized threat of harm. 
17 (b) For purposes of this Section:


18  (1) "Public official"
means a person who is elected to 
19 office in accordance with a statute or
who is appointed to 
20 an office which is established, and the qualifications
and 
21 duties of which are prescribed, by statute, to discharge a 
22 public duty
for the State or any of its political 
23 subdivisions or in the case of
an elective office any 
24 person who has filed the required documents for
nomination 
25 or election to such office. "Public official" includes a

26 duly
appointed assistant State's Attorney, assistant 
 
 
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1 Attorney General, or Appellate Prosecutor; a sworn law 
2 enforcement or peace officer; a social worker, caseworker, 
3 attorney, or investigator employed by the Department of 
4 Healthcare and Family Services, the Department of Human 
5 Services, or the Department of Children and Family 
6 Services, or the Guardianship and Advocacy Commission; or 
7 an assistant public guardian, attorney, social worker, 
8 case manager, or investigator employed by a duly appointed 
9 public guardian.

10  (1.5) "Human service provider" means a social worker, 
11 case worker, or investigator employed by an agency or 
12 organization providing social work, case work, or 
13 investigative services under a contract with or a grant 
14 from the Department of Human Services, the Department of 
15 Children and Family Services, the Department of Healthcare 
16 and Family Services, or the Department on Aging. 

17  (2) "Immediate family" means a
public official's 
18 spouse or child or children.

19 (c) Threatening a public official or human service provider 
20is a Class 3 felony for a
first offense and a Class 2 felony for 
21a second or subsequent offense.

22(Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)