HB3962 EnrolledLRB096 10339 RLC 20509 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 1961 is amended by changing
5Section 32-8 as follows:
 
6    (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
7    Sec. 32-8. Tampering with public records.
8    (a) A person who knowingly, and without lawful authority,
9and with the intent to defraud any party, public officer or
10entity, alters, destroys, defaces, removes or conceals any
11public record commits a Class 4 felony.
12    (b) "Public record" expressly includes, but is not limited
13to, court records, or documents, evidence, or exhibits filed
14with the clerk of the court and which have become a part of the
15official court record, pertaining to any civil or criminal
16proceeding in any court.
17    (c) Any judge, circuit clerk or clerk of court, public
18official or employee, court reporter, or other person who
19knowingly, and without lawful authority, and with the intent to
20defraud any party, public officer or entity, alters, destroys,
21defaces, removes, or conceals any public record received or
22held by any judge or by a clerk of any court commits a Class 3
23felony.

 

 

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1    (d) Any person convicted under subsection (c) who at the
2time of the violation was responsible for making, keeping,
3storing, or reporting the record for which the tampering
4occurred:
5        (1) shall forfeit his or her public office or public
6    employment, if any, and shall thereafter be ineligible for
7    both State and local public office and public employment in
8    this State for a period of 5 years after completion of any
9    term of probation, conditional discharge, or incarceration
10    in a penitentiary including the period of mandatory
11    supervised release;
12        (2) shall forfeit all retirement, pension, and other
13    benefits arising out of public office or public employment
14    as may be determined by the court in accordance with the
15    applicable provisions of the Illinois Pension Code;
16        (3) shall be subject to termination of any professional
17    licensure or registration in this State as may be
18    determined by the court in accordance with the provisions
19    of the applicable professional licensing or registration
20    laws;
21        (4) may be ordered by the court, after a hearing in
22    accordance with applicable law and in addition to any other
23    penalty or fine imposed by the court, to forfeit to the
24    State an amount equal to any financial gain or the value of
25    any advantage realized by the person as a result of the
26    offense; and

 

 

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1        (5) may be ordered by the court, after a hearing in
2    accordance with applicable law and in addition to any other
3    penalty or fine imposed by the court, to pay restitution to
4    the victim in an amount equal to any financial loss or the
5    value of any advantage lost by the victim as a result of
6    the offense.
7    For the purposes of this subsection (d), an offense under
8subsection (c) committed by a person holding public office or
9public employment shall be rebuttably presumed to relate to or
10arise out of or in connection with that public office or public
11employment.
12    (e) Any party litigant who believes a violation of this
13Section has occurred may seek the restoration of the court
14record as provided in the Court Records Restoration Act. Any
15order of the court denying the restoration of the court record
16may be appealed as any other civil judgment having an interest
17in the protection and integrity of any court record, whether
18such party be a public official or a private individual, shall
19have the right to request and, if necessary, to demand that an
20investigation be opened into the alteration, destruction,
21defacement, removal, or concealment of any public record. Such
22request may be made to any law enforcement agency, including,
23but not limited to, local law enforcement and the State Police.
24    (f) When the sheriff or local law enforcement agency having
25jurisdiction declines to investigate, or inadequately
26investigates, the court or any interested party, shall notify

 

 

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1the State Police of a suspected a violation of subsection (a)
2or (c), who the State Police shall have the authority to
3investigate, and may shall investigate, the same, without
4regard to whether such local law enforcement agency has
5requested the State Police to do so.
6    (g) If When the State's Attorney having jurisdiction
7declines to prosecute a violation of subsection (a) or (c), the
8court or interested party shall notify the Attorney General of
9such refusal. The the Attorney General shall, thereafter, have
10the authority to prosecute, and may prosecute, the same,
11without a referral from regard to whether such State's Attorney
12has requested the Attorney General to do so.
13    (h) Prosecution of a violation of subsection (c) shall be
14commenced within 3 years after the act constituting the
15violation is discovered or reasonably should have been
16discovered.
17(Source: P.A. 96-1217, eff. 1-1-11.)