HB2575 96TH GENERAL ASSEMBLY

LRB096 04781 RLC 14845 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2575

Introduced 2/20/2009, by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

720 ILCS 5/31-4

from Ch. 38, par. 31-4

Amends the Criminal Code of 1961. Changes the penalty for obstructing justice based upon the class of felony or misdemeanor of the underlying offense in which the defendant obstructed justice (rather than a Class 4 felony, or a Class 3 felony if obstructing justice was in furtherance of streetgang related or gang-related activity). Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 31-4 as follows:

(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)

Sec. 31-4. Obstructing justice.

A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he knowingly commits any of the following acts:

(a) Destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information; or

(b) Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself; or

(c) Possessing knowledge material to the subject at issue, he leaves the State or conceals himself.

(d) Sentence.

(1) Obstructing justice is a Class X 4 felony if the defendant obstructed the prosecution or defense of a first degree murder , except as provided in paragraph (2) of this subsection (d).

(2) Obstructing justice in furtherance of streetgang related or gang-related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, is a Class 1 3 felony if the defendant obstructed the prosecution or defense of a Class X felony.

(3) Obstructing justice is a Class 2 felony if the defendant obstructed the prosecution or defense of a Class 1 felony.

(4) Obstructing justice is a Class 3 felony if the defendant obstructed the prosecution or defense of a Class 2 felony.

(5) Obstructing justice is a Class 4 felony if the defendant obstructed the prosecution or defense of a:

(A) Class 3 felony,

(B) Class 4 felony,

(C) Class A misdemeanor,

(D) Class B misdemeanor,

(E) Class C misdemeanor.

(Source: P.A. 90-363, eff. 1-1-98.)

Section 99. Effective date. This Act takes effect upon becoming law.