Full Text of SB3800 96th General Assembly
SB3800sam001 96TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/1/2010
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LRB096 20633 RLC 37778 a |
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| AMENDMENT TO SENATE BILL 3800
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| AMENDMENT NO. ______. Amend Senate Bill 3800 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 32-8 as follows:
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| (720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
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| Sec. 32-8. Tampering with public records.
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| (a) A person who knowingly and without lawful authority | 9 |
| alters, destroys,
defaces, removes or conceals any public | 10 |
| record commits a Class 4 felony. | 11 |
| (b) "Public record" expressly includes, but is not limited | 12 |
| to, court records pertaining to any civil or criminal | 13 |
| proceeding in any court. | 14 |
| (c) Any judge, circuit clerk or clerk of court, public | 15 |
| official or employee, court reporter, or other person who | 16 |
| knowingly and without lawful authority alters, destroys, |
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| defaces, removes, or conceals any public record received or | 2 |
| held by any judge or by a clerk of any court commits a Class 3 | 3 |
| felony. | 4 |
| (d) Any person convicted under subsection (c): | 5 |
| (1) shall forfeit his or her public office or public | 6 |
| employment, if any, and shall thereafter be ineligible for | 7 |
| both State and local public office and public employment in | 8 |
| this State for a period of 5 years after completion of any | 9 |
| term of probation, conditional discharge, or mandatory | 10 |
| supervised release; | 11 |
| (2) shall forfeit all retirement, pension, and other | 12 |
| benefits arising out of public office or public employment | 13 |
| in accordance with the applicable provisions of the | 14 |
| Illinois Pension Code; | 15 |
| (3) shall be subject to termination of any professional | 16 |
| licensure or registration in this State in accordance with | 17 |
| the provisions of the applicable professional licensing or | 18 |
| registration laws; | 19 |
| (4) may be ordered by the court, after a hearing in | 20 |
| accordance with applicable law and in addition to any other | 21 |
| penalty or fine imposed by the court, to forfeit to the | 22 |
| State an amount equal to any financial gain or the value of | 23 |
| any advantage realized by the person as a result of the | 24 |
| offense; and | 25 |
| (5) may be ordered by the court, after a hearing in | 26 |
| accordance with applicable law and in addition to any other |
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| penalty or fine imposed by the court, to pay restitution to | 2 |
| the victim in an amount equal to any financial loss or the | 3 |
| value of any advantage lost by the victim as a result of | 4 |
| the offense. | 5 |
| For the purposes of this subsection (d), an offense under | 6 |
| subsection (c) committed by a person holding public office or | 7 |
| public employment shall be rebuttably presumed to relate to or | 8 |
| arise out of or in connection with that public office or public | 9 |
| employment. | 10 |
| (e) Any party having an interest in the protection and | 11 |
| integrity of any court record, whether such party be a public | 12 |
| official or a private individual, shall have the right to | 13 |
| request and, if necessary, to demand that an investigation be | 14 |
| opened into the alteration, destruction, defacement, removal, | 15 |
| or concealment of any public record. Such request may be made | 16 |
| to any law enforcement agency, including, but not limited to, | 17 |
| local law enforcement and the State Police. | 18 |
| (f) When the local law enforcement agency having | 19 |
| jurisdiction declines to investigate, or inadequately | 20 |
| investigates, a violation of subsection (c), the State Police | 21 |
| shall have the authority to investigate, and shall investigate, | 22 |
| the same, without regard to whether such local law enforcement | 23 |
| agency has requested the State Police to do so. | 24 |
| (g) When the State's Attorney having jurisdiction declines | 25 |
| to prosecute a violation of subsection (c), the Attorney | 26 |
| General shall have the authority to prosecute the same, without |
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| regard to whether such State's Attorney has requested the | 2 |
| Attorney General to do so. | 3 |
| (h) Prosecution of a violation of subsection (c) shall be | 4 |
| commenced within 3 years after the act constituting the | 5 |
| violation is discovered or reasonably should have been | 6 |
| discovered.
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| (Source: P.A. 77-2638.)".
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