SB3445 98TH GENERAL ASSEMBLY

LRB098 12947 RLC 47454 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3445

Introduced 2/14/2014, by Sen. Darin M. LaHood

SYNOPSIS AS INTRODUCED:

720 ILCS 5/31-4

from Ch. 38, par. 31-4

Amends the Criminal Code of 2012. Provides that obstructing justice in furtherance of, or to avoid the consequences arising from, a: (1) Class X felony or first degree murder is a Class 1 felony; (2) Class 1 felony is a Class 2 felony; and (3) Class 2 felony is a Class 3 felony.

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 2012 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) A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly commits any of the following acts:

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

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

(3) Possessing knowledge material to the subject at issue, he or she leaves the State or conceals himself; or

(4) If a parent, legal guardian, or caretaker of a child under 13 years of age reports materially false information to a law enforcement agency, medical examiner, coroner, State's Attorney, or other governmental agency during an investigation of the disappearance or death of a child under circumstances described in subsection (a) or (b) of Section 10-10 of this Code.

(b) Sentence.

(1) Obstructing justice is a Class 4 felony, except as provided in paragraph (2) or (3) of this subsection (b).

(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 3 felony.

(3) Obstructing justice in furtherance of, or to avoid the consequences arising from, a:

(A) Class X felony or first degree murder is a Class 1 felony.

(B) Class 1 felony is a Class 2 felony.

(C) Class 2 felony is a Class 3 felony.

(Source: P.A. 97-1079, eff. 1-1-13.)