100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2735

 

Introduced , by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/33-3  from Ch. 38, par. 33-3

    Amends the Criminal Code of 2012. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Law enforcement employees and prosecutors have an affirmative obligation to report any knowledge of the misrepresentations to the law enforcement employee's supervisor or to whomever necessary for the law enforcement employee to be held accountable. Provides that a violation is a Class 3 felony and forfeiture of employment.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2735LRB100 10709 RLC 20937 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 33-3 as follows:
 
6    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)
7    Sec. 33-3. Official misconduct.
8    (a) A public officer or employee or special government
9agent commits misconduct when, in his official capacity or
10capacity as a special government agent, he or she commits any
11of the following acts:
12        (1) Intentionally or recklessly fails to perform any
13    mandatory duty as required by law; or
14        (2) Knowingly performs an act which he knows he is
15    forbidden by law to perform; or
16        (3) With intent to obtain a personal advantage for
17    himself or another, he performs an act in excess of his
18    lawful authority; or
19        (4) Solicits or knowingly accepts for the performance
20    of any act a fee or reward which he knows is not authorized
21    by law.
22    (b) An employee of a law enforcement agency commits
23misconduct when he or she knowingly uses or communicates,

 

 

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1directly or indirectly, information acquired in the course of
2employment, with the intent to obstruct, impede, or prevent the
3investigation, apprehension, or prosecution of any criminal
4offense or person. Nothing in this subsection (b) shall be
5construed to impose liability for communicating to a
6confidential resource, who is participating or aiding law
7enforcement, in an ongoing investigation.
8    (b-1) An employee of a law enforcement agency commits
9misconduct when he or she knowingly misrepresents facts
10describing an incident in a police report or during
11investigations regarding the law enforcement employee's
12conduct. Law enforcement employees and prosecutors have an
13affirmative obligation to report any knowledge of the
14misrepresentations to the law enforcement employee's
15supervisor or to whomever necessary for the law enforcement
16employee to be held accountable.
17    (c) A public officer or employee or special government
18agent convicted of violating any provision of this Section
19forfeits his or her office or employment or position as a
20special government agent. In addition, he or she commits a
21Class 3 felony.
22    (d) For purposes of this Section, "special government
23agent" has the meaning ascribed to it in subsection (l) of
24Section 4A-101 of the Illinois Governmental Ethics Act.
25(Source: P.A. 98-867, eff. 1-1-15.)