100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2737

 

Introduced , by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/33-3  from Ch. 38, par. 33-3

    Amends the Criminal Code of 2012. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly fails to turn on an officer-worn body camera or turns off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency. Provides that a violation is a Class 3 felony and forfeiture of employment. Defines "officer-worn body camera".


LRB100 10706 RLC 20933 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2737LRB100 10706 RLC 20933 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 33-3 as follows:
 
6    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)
7    Sec. 33-3. Official misconduct.
8    (a) A public officer or employee or special government
9agent commits misconduct when, in his official capacity or
10capacity as a special government agent, he or she commits any
11of the following acts:
12        (1) Intentionally or recklessly fails to perform any
13    mandatory duty as required by law; or
14        (2) Knowingly performs an act which he knows he is
15    forbidden by law to perform; or
16        (3) With intent to obtain a personal advantage for
17    himself or another, he performs an act in excess of his
18    lawful authority; or
19        (4) Solicits or knowingly accepts for the performance
20    of any act a fee or reward which he knows is not authorized
21    by law.
22    (b) An employee of a law enforcement agency commits
23misconduct when he or she knowingly fails to turn on an

 

 

HB2737- 2 -LRB100 10706 RLC 20933 b

1officer-worn body camera or turns off an officer-worn body
2camera when there is a reasonable opportunity to act in a
3manner that is consistent with the officer-worn body camera
4policy of the respective law enforcement agency or when he or
5she knowingly uses or communicates, directly or indirectly,
6information acquired in the course of employment, with the
7intent to obstruct, impede, or prevent the investigation,
8apprehension, or prosecution of any criminal offense or person.
9Nothing in this subsection (b) shall be construed to impose
10liability for communicating to a confidential resource, who is
11participating or aiding law enforcement, in an ongoing
12investigation.
13    (c) A public officer or employee or special government
14agent convicted of violating any provision of this Section
15forfeits his or her office or employment or position as a
16special government agent. In addition, he or she commits a
17Class 3 felony.
18    (d) For purposes of this Section:
19        "Officer-worn body camera" has the meaning ascribed to
20    it in Section 10-10 of the Law Enforcement Officer-Worn
21    Body Camera Act.
22        "Special , "special government agent" has the meaning
23    ascribed to it in subsection (l) of Section 4A-101 of the
24    Illinois Governmental Ethics Act.
25(Source: P.A. 98-867, eff. 1-1-15.)