Full Text of SB1808 97th General Assembly
SB1808sam001 97TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 3/29/2011
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| 1 | | AMENDMENT TO SENATE BILL 1808
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1808 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by | 5 | | changing Section 32-8 as follows:
| 6 | | (720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
| 7 | | (Text of Section before amendment by P.A. 96-1508 ) | 8 | | Sec. 32-8. Tampering with public records.
| 9 | | (a) A person who knowingly and without lawful authority | 10 | | alters, destroys,
defaces, removes or conceals any public | 11 | | record commits a Class 4 felony. | 12 | | (b) "Public record" expressly includes, but is not limited | 13 | | to, court records pertaining to any civil or criminal | 14 | | proceeding in any court. | 15 | | (c) Any judge, circuit clerk or clerk of court, public | 16 | | official or employee, court reporter, or other person who |
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| 1 | | knowingly and without lawful authority alters, destroys, | 2 | | defaces, removes, or conceals , or falsifies any public record | 3 | | received or held by any judge or by a clerk of any court | 4 | | commits a Class 3 felony. | 5 | | (d) Any person convicted under subsection (c): | 6 | | (1) shall forfeit his or her public office or public | 7 | | employment, if any, and shall thereafter be ineligible for | 8 | | both State and local public office and public employment in | 9 | | this State for a period of 5 years after completion of any | 10 | | term of probation, conditional discharge, or mandatory | 11 | | supervised release; | 12 | | (2) shall forfeit all retirement, pension, and other | 13 | | benefits arising out of public office or public employment | 14 | | in accordance with the applicable provisions of the | 15 | | Illinois Pension Code; | 16 | | (3) shall be subject to termination of any professional | 17 | | licensure or registration in this State in accordance with | 18 | | the provisions of the applicable professional licensing or | 19 | | registration laws; | 20 | | (4) may be ordered by the court, after a hearing in | 21 | | accordance with applicable law and in addition to any other | 22 | | penalty or fine imposed by the court, to forfeit to the | 23 | | State an amount equal to any financial gain or the value of | 24 | | any advantage realized by the person as a result of the | 25 | | offense; and | 26 | | (5) may be ordered by the court, after a hearing in |
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| 1 | | accordance with applicable law and in addition to any other | 2 | | penalty or fine imposed by the court, to pay restitution to | 3 | | the victim in an amount equal to any financial loss or the | 4 | | value of any advantage lost by the victim as a result of | 5 | | the offense. | 6 | | For the purposes of this subsection (d), an offense under | 7 | | subsection (c) committed by a person holding public office or | 8 | | public employment shall be rebuttably presumed to relate to or | 9 | | arise out of or in connection with that public office or public | 10 | | employment. | 11 | | (e) Any party having an interest in the protection and | 12 | | integrity of any court record, whether such party be a public | 13 | | official or a private individual, shall have the right to | 14 | | request and, if necessary, to demand that an investigation be | 15 | | opened into the alteration, destruction, defacement, removal, | 16 | | or concealment , or falsification of any public record. Such | 17 | | request may be made to any law enforcement agency, including, | 18 | | but not limited to, local law enforcement and the State Police. | 19 | | (f) When the local law enforcement agency having | 20 | | jurisdiction declines to investigate, or inadequately | 21 | | investigates, a violation of subsection (c), the State Police | 22 | | shall have the authority to investigate, and shall investigate, | 23 | | the same, without regard to whether such local law enforcement | 24 | | agency has requested the State Police to do so. | 25 | | (g) When the State's Attorney having jurisdiction declines | 26 | | to prosecute a violation of subsection (c), the Attorney |
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| 1 | | General shall have the authority to prosecute the same, without | 2 | | regard to whether such State's Attorney has requested the | 3 | | Attorney General to do so. | 4 | | (h) Prosecution of a violation of subsection (c) shall be | 5 | | commenced within 3 years after the act constituting the | 6 | | violation is discovered or reasonably should have been | 7 | | discovered.
| 8 | | (Source: P.A. 96-1217, eff. 1-1-11.) | 9 | | (Text of Section after amendment by P.A. 96-1508 ) | 10 | | Sec. 32-8. Tampering with public records.
| 11 | | (a) A person who knowingly, without lawful authority, and | 12 | | with the intent to defraud any party, public officer or entity, | 13 | | alters, destroys,
defaces, removes or conceals any public | 14 | | record commits a Class 4 felony. | 15 | | (b) "Public record" expressly includes, but is not limited | 16 | | to, court records, or documents, evidence, or exhibits filed | 17 | | with the clerk of the court and which have become a part of the | 18 | | official court record, pertaining to any civil or criminal | 19 | | proceeding in any court. | 20 | | (c) Any judge, circuit clerk or clerk of court, public | 21 | | official or employee, court reporter, or other person who | 22 | | knowingly, without lawful authority, and with the intent to | 23 | | defraud any party, public officer or entity, alters, destroys, | 24 | | defaces, removes, or conceals , or falsifies any public record | 25 | | received or held by any judge or by a clerk of any court |
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| 1 | | commits a Class 3 felony. | 2 | | (d) Any person convicted under subsection (c) who at the | 3 | | time of the violation was responsible for making, keeping, | 4 | | storing, or reporting the record for which the tampering | 5 | | occurred: | 6 | | (1) shall forfeit his or her public office or public | 7 | | employment, if any, and shall thereafter be ineligible for | 8 | | both State and local public office and public employment in | 9 | | this State for a period of 5 years after completion of any | 10 | | term of probation, conditional discharge, or incarceration | 11 | | in a penitentiary including the period of mandatory | 12 | | supervised release; | 13 | | (2) shall forfeit all retirement, pension, and other | 14 | | benefits arising out of public office or public employment | 15 | | as may be determined by the court in accordance with the | 16 | | applicable provisions of the Illinois Pension Code; | 17 | | (3) shall be subject to termination of any professional | 18 | | licensure or registration in this State as may be | 19 | | determined by the court in accordance with the provisions | 20 | | of the applicable professional licensing or registration | 21 | | laws; | 22 | | (4) may be ordered by the court, after a hearing in | 23 | | accordance with applicable law and in addition to any other | 24 | | penalty or fine imposed by the court, to forfeit to the | 25 | | State an amount equal to any financial gain or the value of | 26 | | any advantage realized by the person as a result of the |
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| 1 | | offense; and | 2 | | (5) may be ordered by the court, after a hearing in | 3 | | accordance with applicable law and in addition to any other | 4 | | penalty or fine imposed by the court, to pay restitution to | 5 | | the victim in an amount equal to any financial loss or the | 6 | | value of any advantage lost by the victim as a result of | 7 | | the offense. | 8 | | For the purposes of this subsection (d), an offense under | 9 | | subsection (c) committed by a person holding public office or | 10 | | public employment shall be rebuttably presumed to relate to or | 11 | | arise out of or in connection with that public office or public | 12 | | employment. | 13 | | (e) Any party litigant who believes a violation of this | 14 | | Section has occurred may seek the restoration of the court | 15 | | record as provided in the Court Records Restoration Act. Any | 16 | | order of the court denying the restoration of the court record | 17 | | may be appealed as any other civil judgment. | 18 | | (f) When the sheriff or local law enforcement agency having | 19 | | jurisdiction declines to investigate, or inadequately | 20 | | investigates, the court or any interested party, shall notify | 21 | | the State Police of a suspected violation of subsection (a) or | 22 | | (c), who shall have the authority to investigate, and may | 23 | | investigate, the same, without regard to whether such local law | 24 | | enforcement agency has requested the State Police to do so. | 25 | | (g) If the State's Attorney having jurisdiction declines to | 26 | | prosecute a violation of subsection (a) or (c), the court or |
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| 1 | | interested party shall notify the Attorney General of such | 2 | | refusal. The Attorney General shall, thereafter, have the | 3 | | authority to prosecute, and may prosecute, the same, without a | 4 | | referral from such State's Attorney. | 5 | | (h) Prosecution of a violation of subsection (c) shall be | 6 | | commenced within 3 years after the act constituting the | 7 | | violation is discovered or reasonably should have been | 8 | | discovered.
| 9 | | (Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11.)
| 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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