Full Text of SB0741 95th General Assembly
SB0741 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0741
Introduced 2/8/2007, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Provides that a special government agent commits solicitation misconduct (State government) when, at any time, he or she knowingly solicits or receives contributions, as defined in the Election Code, on behalf of an executive branch constitutional officer or a political committee for such executive branch constitutional officer who has directed, retained, designated, or employed the special government agent to make ex parte communications. Provides that a violation is a Class A misdemeanor. Effective July 1, 2007.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0741 |
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LRB095 05351 RLC 26986 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 | 5 |
| Section 33-3.1 as follows:
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| (720 ILCS 5/33-3.1)
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| Sec. 33-3.1. Solicitation misconduct (State government).
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| (a) An employee of an
executive branch constitutional | 9 |
| officer commits solicitation misconduct (State
government) | 10 |
| when, at any time, he or she knowingly solicits or receives
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| contributions, as
that
term is defined in Section 9-1.4 of the | 12 |
| Election Code, from a person engaged in
a business or activity | 13 |
| over which the person has regulatory authority. | 14 |
| (a-5) A special government agent commits solicitation | 15 |
| misconduct (State government) when, at any time, he or she | 16 |
| knowingly solicits or receives contributions, as
that
term is | 17 |
| defined in Section 9-1.4 of the Election Code, on behalf of an | 18 |
| executive branch constitutional officer or a political | 19 |
| committee for such executive branch constitutional officer who | 20 |
| has directed, retained, designated, or employed the special | 21 |
| government agent to make ex parte communications.
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| (b) For the purpose of this Section : | 23 |
| (1) "Employee , "employee of
an
executive branch |
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LRB095 05351 RLC 26986 b |
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| constitutional officer" means a full-time or part-time
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| salaried
employee, full-time or part-time salaried | 3 |
| appointee, or any contractual
employee of any office, | 4 |
| board,
commission, agency, department, authority, | 5 |
| administrative unit, or corporate
outgrowth under the | 6 |
| jurisdiction of an executive branch constitutional | 7 |
| officer;
and "regulatory authority" means having the | 8 |
| responsibility to investigate,
inspect, license, or | 9 |
| enforce regulatory measures necessary to the requirements
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| of any
State or federal statute or regulation relating to | 11 |
| the business or activity. | 12 |
| (2) "Ex parte communication" has the meaning ascribed | 13 |
| to it in Section 5-50 of the State Officials and Employees | 14 |
| Ethics Act. | 15 |
| (3) "Special government agent" has the meaning | 16 |
| ascribed to it in paragraph (l) of Section 4A-101 of the | 17 |
| Illinois Governmental Ethics Act.
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| (c) An employee of an executive branch constitutional | 19 |
| officer, including one
who does not
have
regulatory authority, | 20 |
| commits a violation of this Section if that employee
knowingly | 21 |
| acts in concert with an employee of an executive
branch | 22 |
| constitutional officer who does
have regulatory authority to | 23 |
| solicit or receive contributions in violation of
this Section.
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| (d) Solicitation misconduct (State government) is a Class A
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| misdemeanor. An employee of an executive branch constitutional
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| officer convicted of committing solicitation misconduct (State |
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LRB095 05351 RLC 26986 b |
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| government)
forfeits his or her employment.
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| (e) An employee of an executive branch constitutional | 3 |
| officer who is
discharged, demoted, suspended,
threatened, | 4 |
| harassed, or in any other manner discriminated against in the | 5 |
| terms
and conditions of employment because of lawful acts done | 6 |
| by
the employee or on behalf of the employee or others in | 7 |
| furtherance of the
enforcement of this Section shall be | 8 |
| entitled to all relief necessary to make
the employee whole.
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| (f) Any person who knowingly makes a false report of | 10 |
| solicitation
misconduct (State government) to the State | 11 |
| Police, the Attorney General, a
State's Attorney, or any law | 12 |
| enforcement official is guilty of a Class C
misdemeanor.
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| (Source: P.A. 92-853, eff. 8-28-02.)
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| Section 99. Effective date. This Act takes effect July 1, | 15 |
| 2007.
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