Illinois General Assembly - Full Text of SB1808
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Full Text of SB1808  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/9/2011, by Sen. Michael Noland


720 ILCS 5/32-8  from Ch. 38, par. 32-8

    Amends the Criminal Code of 1961. Provides that any judge, circuit clerk or clerk of court, public official or employee, court reporter, or other person who knowingly and without lawful authority falsifies any public record received or held by any judge or by a clerk of any court commits a Class 3 felony. Effective immediately.

LRB097 00224 RLC 40261 b






SB1808LRB097 00224 RLC 40261 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 1961 is amended by changing
5Section 32-8 as follows:
6    (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
7    Sec. 32-8. Tampering with public records.
8    (a) A person who knowingly and without lawful authority
9alters, destroys, defaces, removes or conceals any public
10record commits a Class 4 felony.
11    (b) "Public record" expressly includes, but is not limited
12to, court records pertaining to any civil or criminal
13proceeding in any court.
14    (c) Any judge, circuit clerk or clerk of court, public
15official or employee, court reporter, or other person who
16knowingly and without lawful authority alters, destroys,
17defaces, removes, or conceals, or falsifies any public record
18received or held by any judge or by a clerk of any court
19commits a Class 3 felony.
20    (d) Any person convicted under subsection (c):
21        (1) shall forfeit his or her public office or public
22    employment, if any, and shall thereafter be ineligible for
23    both State and local public office and public employment in



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1    this State for a period of 5 years after completion of any
2    term of probation, conditional discharge, or mandatory
3    supervised release;
4        (2) shall forfeit all retirement, pension, and other
5    benefits arising out of public office or public employment
6    in accordance with the applicable provisions of the
7    Illinois Pension Code;
8        (3) shall be subject to termination of any professional
9    licensure or registration in this State in accordance with
10    the provisions of the applicable professional licensing or
11    registration laws;
12        (4) may be ordered by the court, after a hearing in
13    accordance with applicable law and in addition to any other
14    penalty or fine imposed by the court, to forfeit to the
15    State an amount equal to any financial gain or the value of
16    any advantage realized by the person as a result of the
17    offense; and
18        (5) may be ordered by the court, after a hearing in
19    accordance with applicable law and in addition to any other
20    penalty or fine imposed by the court, to pay restitution to
21    the victim in an amount equal to any financial loss or the
22    value of any advantage lost by the victim as a result of
23    the offense.
24    For the purposes of this subsection (d), an offense under
25subsection (c) committed by a person holding public office or
26public employment shall be rebuttably presumed to relate to or



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1arise out of or in connection with that public office or public
3    (e) Any party having an interest in the protection and
4integrity of any court record, whether such party be a public
5official or a private individual, shall have the right to
6request and, if necessary, to demand that an investigation be
7opened into the alteration, destruction, defacement, removal,
8or concealment, or falsification of any public record. Such
9request may be made to any law enforcement agency, including,
10but not limited to, local law enforcement and the State Police.
11    (f) When the local law enforcement agency having
12jurisdiction declines to investigate, or inadequately
13investigates, a violation of subsection (c), the State Police
14shall have the authority to investigate, and shall investigate,
15the same, without regard to whether such local law enforcement
16agency has requested the State Police to do so.
17    (g) When the State's Attorney having jurisdiction declines
18to prosecute a violation of subsection (c), the Attorney
19General shall have the authority to prosecute the same, without
20regard to whether such State's Attorney has requested the
21Attorney General to do so.
22    (h) Prosecution of a violation of subsection (c) shall be
23commenced within 3 years after the act constituting the
24violation is discovered or reasonably should have been
26(Source: P.A. 96-1217, eff. 1-1-11.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.