HB6195 97TH GENERAL ASSEMBLY

LRB097 21373 RLC 69294 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6195

Introduced , by Rep. Richard Morthland

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33-3

from Ch. 38, par. 33-3

Amends the Criminal Code of 1961 concerning official misconduct. Provides that a person who commits the offense with intent to obtain a personal advantage for himself, herself, or another and performs an act in excess of his or her lawful authority, if the personal advantage obtained for himself, herself, or another is property or has a specified monetary value, is guilty of a: (1) Class 2 felony if the value of the personal advantage obtained does not exceed $10,000; (2) Class 1 felony if the value of the personal advantage obtained exceeds $10,000 but does not exceed $100,000; and (3) Class X felony if the value of the personal advantage obtained exceeds $100,000.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 33-3 as follows:

(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)

Sec. 33-3. Official misconduct. Misconduct.)

(a) A public officer or employee or special government agent commits official misconduct when, in his or her official capacity or capacity as a special government agent, he or she commits any of the following acts:

(1) intentionally (a) Intentionally or recklessly fails to perform any mandatory duty as required by law; or

(2) knowingly (b) Knowingly performs an act which he or she knows he or she is forbidden by law to perform; or

(3) with (c) With intent to obtain a personal advantage for himself, herself, or another, he or she performs an act in excess of his or her lawful authority; or

(4) solicits (d) Solicits or knowingly accepts for the performance of any act a fee or reward which he or she knows is not authorized by law.

(b) A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his or her office or employment or position as a special government agent.

(c) In addition to the forfeiture of office provided in subsection (b):

(1) A person who commits a violation of paragraph (1), (2), or (4) of subsection (a) is guilty of , he commits a Class 3 felony.

(2) A person who commits a violation of paragraph (3) of subsection (a), if the personal advantage obtained for himself, herself, or another has no specified monetary value, is guilty of a Class 3 felony.

(3) A person who commits a violation of paragraph (3) of subsection (a), if the personal advantage obtained for himself, herself, or another is property or has a specified monetary value, is guilty of a:

(A) Class 2 felony if the value of the personal advantage obtained does not exceed $10,000.

(B) Class 1 felony if the value of the personal advantage obtained exceeds $10,000 but does not exceed $100,000.

(C) Class X felony if the value of the personal advantage obtained exceeds $100,000.

(d) 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.)