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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2008
Introduced 2/25/2005, by Sen. Kirk W. Dillard - Peter J. Roskam SYNOPSIS AS INTRODUCED:
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720 ILCS 5/33-3 |
from Ch. 38, par. 33-3 |
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Amends the Criminal Code of 1961. Provides that a special government agent may be guilty of official misconduct as well as a public officer or employee. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2008 |
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LRB094 11138 RLC 41772 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 |
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| Section 33-3 as follows:
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| (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
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| Sec. 33-3. Official
Misconduct.) A public officer or |
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| employee or special government agent commits misconduct
when, |
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| in his official capacity or capacity as a special government |
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| agent, he commits any of the following acts:
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| (a) Intentionally or recklessly fails to perform any |
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| mandatory duty as
required by law; or
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| (b) Knowingly performs an act which he knows he is |
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| forbidden by law to
perform; or
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| (c) With intent to obtain a personal advantage for himself |
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| or another,
he performs an act in excess of his lawful |
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| authority; or
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| (d) Solicits or knowingly accepts for the performance of |
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| any act a fee
or reward which he knows is not authorized by |
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| law.
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| A public officer or employee or special government agent
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| convicted of violating any provision of
this Section forfeits |
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| his office or employment or position as a special government |
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| agent. In addition, he commits a
Class 3 felony. |
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| For purposes of this Section, "special government agent" |
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| has the meaning ascribed to it in subsection (l) of Section |
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| 4A-101 of the Illinois Governmental Ethics Act.
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| (Source: P.A. 82-790.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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