HB0779ham001 94TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 3/3/2005

09400HB0779ham001 LRB094 03414 RLC 42254 a

AMENDMENT TO HOUSE BILL 779

AMENDMENT NO. ______. Amend House Bill 779 on page 1, by inserting below line 3 the following:

"Section 3. 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) 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:

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

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

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

(4) Destroys, alters, conceals, disguises, or otherwise tampers with evidence collected under Section 107-2.5 of the Code of Criminal Procedure of 1963 or Section 5-4-3 of the Unified Code of Corrections.

(b) (d) Sentence.

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

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

on page 7, line 18, by inserting "or under Section 107-2.5 of the Code of Criminal Procedure of 1963, after "Section"; and

on page 7, line 19, by changing "4" to "3 4".