Bill Text: IL SB1609 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012. Includes in the offense of threatening a public official threatening a human service provider. Defines "human service provider".

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0529 [SB1609 Detail]

Download: Illinois-2013-SB1609-Engrossed.html

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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 2012 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; human service
providers.
(a) A person commits threatening a public official or human
service provider when:
(1) that person knowingly delivers or conveys,
directly or indirectly, to a public official or human
service provider by any means a communication:
(i) containing a threat that would place the public
official or human service provider 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 human service provider 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

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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 toward the human service
provider acting in his or her authorized capacity, 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.
(a-6) For purposes of a threat to a social worker,
caseworker, or investigator, or human service provider, the
threat must contain specific facts indicative of a unique
threat to the person, family or property of the individual 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

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duly appointed assistant State's Attorney, assistant
Attorney General, or Appellate Prosecutor; a sworn law
enforcement or peace officer; a social worker, caseworker,
or investigator employed by the Department of Healthcare
and Family Services, the Department of Human Services, or
the Department of Children and Family Services.
(1.5) "Human service provider" means a social worker,
case worker, or investigator employed by an agency or
organization providing social work, case work, or
investigative services under a contract with or a grant
from the Department of Human Services, the Department of
Children and Family Services, the Department of Healthcare
and Family Services, or the Department on Aging.
(2) "Immediate family" means a public official's
spouse or child or children.
(c) Threatening a public official or human service provider
is a Class 3 felony for a first offense and a Class 2 felony for
a second or subsequent offense.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1079, eff. 1-1-13.)