Full Text of SB2452 95th General Assembly
SB2452eng 95TH GENERAL ASSEMBLY
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SB2452 Engrossed |
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LRB095 19269 RLC 46181 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 32-8 as follows:
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| (720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
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| Sec. 32-8. Tampering with public records.
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| (a) A person who knowingly and without lawful authority | 9 |
| alters, destroys,
defaces, removes or conceals any public | 10 |
| record commits a Class 4 felony. | 11 |
| (b) A public record, as so defined, expressly includes, but | 12 |
| is not limited to, court records pertaining to any civil or | 13 |
| criminal proceeding in any court. | 14 |
| (c) A judge, circuit clerk or clerk of any court, an | 15 |
| inspector general of any court, public official or employee, | 16 |
| court reporter, or any other person who knowingly and without | 17 |
| lawful authority alters, destroys, defaces, removes, or | 18 |
| conceals any public record received or held by any judge or by | 19 |
| a clerk of any court commits a Class 3 felony. | 20 |
| (d) Any person convicted under subsection (c) shall forfeit | 21 |
| his or her elected office or public employment, if any, | 22 |
| together with his or her entitlement to any and all public | 23 |
| pensions or other benefits payable by the State of Illinois or |
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SB2452 Engrossed |
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LRB095 19269 RLC 46181 b |
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| by any public entity created or organized under the laws of the | 2 |
| State of Illinois, if any. | 3 |
| (e) Any party having an interest in the protection and | 4 |
| integrity of any court record, whether such party be a public | 5 |
| official or a private individual, shall have the right to | 6 |
| request and, if necessary, to demand an investigation be opened | 7 |
| into the destruction, defacement, removal, or concealment of | 8 |
| any public record. Such request may be made to any law | 9 |
| enforcement agency, including, but not limited to, local law | 10 |
| enforcement and the State Police. | 11 |
| (f) When the local law enforcement agency having | 12 |
| jurisdiction declines to investigate, or inadequately | 13 |
| investigates, a violation of subsection (c), the State Police | 14 |
| shall have the authority to investigate, and shall investigate, | 15 |
| the same, without regard to whether such local law enforcement | 16 |
| agency has requested the State Police to do so. | 17 |
| (g) When the State's Attorney having jurisdiction declines | 18 |
| to prosecute a violation of subsection (c), the Attorney | 19 |
| General shall have the authority to prosecute the same, without | 20 |
| regard to whether such State's Attorney has requested the | 21 |
| Attorney General to do so. | 22 |
| (h) Prosecution of a violation of subsection (c) shall be | 23 |
| commenced within 3 years after the act constituting the | 24 |
| violation is discovered or reasonably should have been | 25 |
| discovered.
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| (Source: P.A. 77-2638.)
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