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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012. 720 ILCS 5/32-13
(720 ILCS 5/32-13)
Sec. 32-13.
Unlawful clouding of title.
(a) Any person who intentionally records or files or causes to be recorded
or filed any document in the office of the recorder or registrar of titles of
any county of this State that is a cloud on the title of land in
this State, knowing that the theory upon which the purported cloud on title is
based is not recognized as a legitimate legal theory by the courts of this
State or of the United States, commits the offense of unlawful clouding of
title.
(b) Unlawful clouding of title is a Class A misdemeanor.
(c) In addition to any other sentence that may be imposed, the court shall
order any person convicted of a violation of this Section, or placed on
supervision for a violation of this Section, to execute a release of the
purported cloud on title as may be requested by or on behalf of any person
whose property is encumbered or potentially encumbered by the document filed.
Irrespective of whether or not a person charged under this Section is convicted
of the offense of unlawful clouding of title, when the evidence demonstrates
that, as a matter of law, the cloud on title is not a type of cloud
recognized or authorized by the courts of this State or the United
States, the court shall forthwith direct the recorder or registrar of titles to
expunge the cloud.
(c-5) This Section does not apply to an attorney licensed to practice law
in this State who in good faith files a lien on behalf of his or her client and
who in good faith believes that the validity of the lien is supported by
statutory law, by a decision of a court of law, or by a good faith argument
for an extension, modification, or
reversal of existing court decisions relating to the validity of the lien.
(d) For purposes of this Section, "cloud on title" or "cloud on the title"
means an outstanding claim or encumbrance that, if valid, would affect or
impair the title of the owner of an estate in land and on its face has that
effect, but can be shown by extrinsic proof to be invalid or inapplicable to
that estate.
(Source: P.A. 89-682, eff. 1-1-97.)
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720 ILCS 5/32-14 (720 ILCS 5/32-14) Sec. 32-14. Unlawful manipulation of a judicial sale. (a) A person commits the offense of unlawful manipulation of a judicial sale when he or she knowingly and by any means makes any contract with or engages in any combination or conspiracy with any other person who is, or but for a prior agreement is, a competitor of such person for the purpose of or with the effect of fixing, controlling, limiting, or otherwise manipulating (1) the participation of any person in, or (2) the making of bids, at any judicial sale. (b) Penalties. Unlawful manipulation of a judicial sale is a Class 3 felony. A mandatory fine shall be imposed for a violation, not to exceed $1,000,000 if the violator is a corporation, or, if the violator is any other person, $100,000. A second or subsequent violation is a Class 2 felony. (c) Injunctive and other relief. The State's Attorney shall bring suit in the circuit court to prevent and restrain violations of subsection (a). In such a proceeding, the court shall determine whether a violation has been committed, and shall enter such judgment as it considers necessary to remove the effects of any violation which it finds, and to prevent such violation from continuing or from being renewed in the future. The court, in its discretion, may exercise all powers necessary for this purpose, including, but not limited to, injunction and divestiture of property. (d) Private right of action. Any person who has been injured by a violation of subsection (a) may maintain an action in the Circuit Court for damages, or for an injunction, or both, against any person who has committed such violation. If, in an action for an injunction, the court issues an injunction, the plaintiff shall be awarded costs and reasonable attorney's fees. In an action for damages, the person injured shall be awarded 3 times the amount of actual damages. This State, counties, municipalities, townships, and any political subdivision organized under the authority of this State, and the United States, are considered a person having standing to bring an action under this subsection.
Any action for damages under this subsection is forever barred unless commenced within 4 years after the cause of action accrued. In any action for damages under this subsection, the court may, in its discretion, award reasonable fees to the prevailing defendant upon a finding that the plaintiff acted in bad faith, vexatiously, wantonly, or for oppressive reasons. (e) Exclusion from subsequent judicial sales. Any person convicted of a violation of subsection (a) or any similar offense of any state or the United States shall be barred for 5 years from the date of conviction from participating as a bidding entity in any judicial sale. No corporation shall be barred from participating in a judicial sale as a result of a conviction under subsection (a) of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) it has been finally adjudicated not guilty or (2) it demonstrates to the circuit court conducting such judicial sale and the court so finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5-4 of this Code. (f) Definitions. As used in this Section, unless the context otherwise requires: "Judicial sale" means any sale of real or personal property in accordance with a court order, including, but not limited to, judicial sales conducted pursuant to Section 15-1507 of the Code of Civil Procedure, sales ordered to satisfy judgments under Article XII of the Code of Civil Procedure, and enforcements of delinquent property taxes under Article XXI of the Property Tax Code. "Person" means any natural person, or any corporation, partnership, or association of persons.
(Source: P.A. 96-408, eff. 8-13-09.)|
720 ILCS 5/32-15 (720 ILCS 5/32-15) Sec. 32-15. Bail bond false statement. Any person who in any affidavit, document,
schedule or other application to become surety or bail for another on any
bail bond or recognizance in any civil or criminal proceeding then pending
or about to be started against the other person, having taken a lawful
oath or made affirmation, shall swear or affirm wilfully, corruptly and
falsely as to the ownership or liens or incumbrances upon or the value of
any real or personal property alleged to be owned by the person proposed as
surety or bail, the financial worth or standing of the person proposed as
surety or bail, or as to the number or total penalties of all other bonds
or recognizances signed by and standing against the proposed surety or
bail, or any person who, having taken a lawful oath or made affirmation,
shall testify wilfully, corruptly and falsely as to any of said matters for
the purpose of inducing the approval of any such bail bond or recognizance;
or for the purpose of justifying on any such bail bond or recognizance, or
who shall suborn any other person to so swear, affirm or testify as
aforesaid, shall be deemed and adjudged guilty of perjury or subornation of
perjury (as the case may be) and punished accordingly.
(Source: P.A. 97-1108, eff. 1-1-13.)|
720 ILCS 5/Art. 33
(720 ILCS 5/Art. 33 heading)
ARTICLE 33.
OFFICIAL MISCONDUCT
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720 ILCS 5/33-1
(720 ILCS 5/33-1) (from Ch. 38, par. 33-1)
Sec. 33-1. Bribery. A person commits bribery when:
(a) With intent to influence the performance of any act related
to the employment or function of any public officer, public
employee, juror or witness, he or she promises or tenders to that person
any property or personal advantage which he or she is not authorized by
law to accept; or
(b) With intent to influence the performance of any act related
to the employment or function of any public officer, public
employee, juror or witness, he or she promises or tenders to one whom he
or she believes to be a public officer, public employee, juror or witness,
any property or personal advantage which a public officer, public
employee, juror or witness would not be authorized by law to accept; or
(c) With intent to cause any person to influence the performance
of any act related to the employment or function of any public
officer, public employee, juror or witness, he or she promises or tenders
to that person any property or personal advantage which he or she is not
authorized by law to accept; or
(d) He or she receives, retains or agrees to accept any property or
personal advantage which he or she is not authorized by law to accept
knowing that the property or personal advantage was promised
or tendered with intent to cause him or her to influence the performance
of any act related to the employment or function of any public
officer, public employee, juror or witness; or
(e) He or she solicits, receives, retains, or agrees to accept any property
or personal advantage pursuant to an understanding that he or she shall improperly
influence or attempt to influence the performance of any act related to the
employment or function of any public officer, public employee, juror or witness.
(f) As used in this Section, "tenders" means any delivery or proffer made with the requisite intent. (g) Sentence. Bribery is a Class 2 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/33-2
(720 ILCS 5/33-2) (from Ch. 38, par. 33-2)
Sec. 33-2.
Failure to report a bribe.
Any public officer, public employee
or juror who fails to report
forthwith to the local State's Attorney, or in the case of a State employee
to the Department of State Police, any offer made
to him in violation
of Section 33-1 commits a Class A misdemeanor.
In the case of a State employee, the making of such report
to the Department of State Police shall discharge
such employee from
any further duty under this Section. Upon receiving any such report, the
Department of State Police
shall forthwith transmit a copy thereof to the appropriate State's Attorney.
(Source: P.A. 84-25.)
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720 ILCS 5/33-3
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official
Misconduct.) A public officer or employee or special government agent commits misconduct
when, in his official capacity or capacity as a special government agent, he commits any of the following acts:
(a) Intentionally or recklessly fails to perform any |
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(b) Knowingly performs an act which he knows he is
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(c) With intent to obtain a personal advantage for
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(d) Solicits or knowingly accepts for the performance
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A public officer or employee or special government agent
convicted of violating any provision of
this Section forfeits his office or employment or position as a special government agent. In addition, he commits a
Class
3 felony.
For purposes of this Section, "special government agent" has the meaning ascribed to it in subsection (l) of Section 4A-101 of the Illinois Governmental Ethics Act.
(Source: P.A. 94-338, eff. 1-1-06.)
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720 ILCS 5/33-3.1
(720 ILCS 5/33-3.1)
Sec. 33-3.1.
Solicitation misconduct (State government).
(a) An employee of an
executive branch constitutional officer commits solicitation misconduct (State
government) when, at any time, he or she knowingly solicits or receives
contributions, as
that
term is defined in Section 9-1.4 of the Election Code, from a person engaged in
a business or activity over which the person has regulatory authority.
(b) For the purpose of this Section, "employee of
an
executive branch constitutional officer" means a full-time or part-time
salaried
employee, full-time or part-time salaried appointee, or any contractual
employee of any office, board,
commission, agency, department, authority, administrative unit, or corporate
outgrowth under the jurisdiction of an executive branch constitutional officer;
and "regulatory authority" means having the responsibility to investigate,
inspect, license, or enforce regulatory measures necessary to the requirements
of any
State or federal statute or regulation relating to the business or activity.
(c) An employee of an executive branch constitutional officer, including one
who does not
have
regulatory authority, commits a violation of this Section if that employee
knowingly acts in concert with an employee of an executive
branch constitutional officer who does
have regulatory authority to solicit or receive contributions in violation of
this Section.
(d) Solicitation misconduct (State government) is a Class A
misdemeanor. An employee of an executive branch constitutional
officer convicted of committing solicitation misconduct (State government)
forfeits his or her employment.
(e) An employee of an executive branch constitutional officer who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (State government) to the State Police, the Attorney General, a
State's Attorney, or any law enforcement official is guilty of a Class C
misdemeanor.
(Source: P.A. 92-853, eff. 8-28-02.)
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720 ILCS 5/33-3.2
(720 ILCS 5/33-3.2)
Sec. 33-3.2.
Solicitation misconduct (local government).
(a) An employee of a chief executive officer of a local government commits
solicitation misconduct (local government) when, at any time, he or she
knowingly solicits or
receives contributions, as that term is defined in Section 9-1.4 of the
Election
Code, from a person engaged in a business or activity over which the person has
regulatory authority.
(b) For the purpose of this Section, "chief executive officer of a
local government" means an executive officer of a county, township or municipal
government or any administrative subdivision under jurisdiction of the county,
township, or municipal government including but not limited to: chairman or
president of a county board or commission, mayor or village president, township
supervisor, county executive, municipal manager, assessor, auditor, clerk,
coroner,
recorder, sheriff or State's Attorney; "employee of
a
chief
executive officer of a local government" means a full-time or part-time
salaried employee, full-time or part-time salaried appointee, or any
contractual employee of any office,
board, commission, agency, department, authority, administrative unit, or
corporate outgrowth under the jurisdiction of a chief executive officer of a
local government; and "regulatory authority" means having the
responsibility to investigate, inspect, license, or enforce regulatory measures
necessary to the requirements of any State, local, or federal statute or
regulation
relating to the business or activity.
(c) An employee of a chief executive officer of a local government,
including
one
who does not have regulatory authority, commits a violation of this Section if
that employee knowingly acts in concert with an employee of a chief
executive officer
of a local government who does have regulatory authority to solicit or
receive contributions in violation of this Section.
(d) Solicitation misconduct (local government) is a Class A
misdemeanor. An employee of a
chief executive officer of a local government convicted of committing
solicitation misconduct (local government) forfeits his or her employment.
(e) An employee of a chief executive officer of a local government who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done
by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (local government) to the State Police, the Attorney General, a
State's Attorney, or any law enforcement official is guilty of a Class C
misdemeanor.
(Source: P.A. 92-853, eff. 8-28-02.)
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720 ILCS 5/33-4
(720 ILCS 5/33-4)
Sec. 33-4.
Peace officer or correctional officer; gang-related activity
prohibited.
(a) It is unlawful for a peace officer or correctional officer to
knowingly commit any act in
furtherance of gang-related activities, except when acting in furtherance of an
undercover law enforcement investigation.
(b) In this Section, "gang-related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 90-131, eff. 1-1-98.)
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