101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3309

 

Introduced 2/11/2020, by Sen. Dale Fowler

 

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

    Amends the Criminal Code of 2012. Provides that a person, lobbyist, or lobbying entity commits official misconduct when he or she influences or attempts to influence by any means with the intent to promote, support, affect, modify, oppose, or delay any executive, legislative, or administrative action of State government or to promote goodwill with officials as defined in the Lobbyist Registration Act and does any one or more of the following: (1) fails to register as a lobbyist or lobbying entity as required under the Lobbyist Registration Act; (2) fails to file or intentionally files incomplete or inaccurate lobbyist expenditure reports as required under the Lobbyist Registration Act; or (3) offers or attempts to offer anything of value to a public officer in exchange for official action. Defines "lobbyist" and "lobbyist entity".


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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-5) A person, lobbyist, or lobbying entity commits
9misconduct when he or she influences or attempts to influence
10by any means with the intent to promote, support, affect,
11modify, oppose, or delay any executive, legislative, or
12administrative action or to promote goodwill with officials as
13defined in the Lobbyist Registration Act and does any one or
14more of the following:
15        (1) fails to register as a lobbyist or lobbying entity
16    as required under the Lobbyist Registration Act;
17        (2) fails to file or intentionally files incomplete or
18    inaccurate lobbyist expenditure reports as required under
19    the Lobbyist Registration Act; or
20        (3) offers or attempts to offer anything of value to a
21    public officer in exchange for official action.
22    (c) A public officer or employee or special government
23agent convicted of violating any provision of this Section
24forfeits his or her office or employment or position as a
25special government agent. In addition, he or she commits a
26Class 3 felony.

 

 

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1    (d) For purposes of this Section:
2    "Lobbyist" means any natural person who undertakes to lobby
3State government as provided in subsection (e) of Section 2 of
4the Lobbyist Registration Act.
5    "Lobbying entity" means any entity that hires, retains,
6employs, or compensates a natural person to lobby State
7government as provided in subsection (e) of Section 2 of the
8Lobbyist Registration Act.
9    "Special , "special government agent" has the meaning
10ascribed to it in subsection (l) of Section 4A-101 of the
11Illinois Governmental Ethics Act.
12(Source: P.A. 98-867, eff. 1-1-15.)