SB1808eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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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 1961 is amended by changing
5Section 32-8 as follows:
 
6    (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
7    (Text of Section before amendment by P.A. 96-1508)
8    Sec. 32-8. Tampering with public records.
9    (a) A person who knowingly and without lawful authority
10alters, destroys, defaces, removes or conceals any public
11record commits a Class 4 felony.
12    (b) "Public record" expressly includes, but is not limited
13to, court records pertaining to any civil or criminal
14proceeding in any court.
15    (c) Any judge, circuit clerk or clerk of court, public
16official or employee, court reporter, or other person who
17knowingly and without lawful authority alters, destroys,
18defaces, removes, or conceals, or falsifies any public record
19received or held by any judge or by a clerk of any court
20commits a Class 3 felony.
21    (d) Any person convicted under subsection (c):
22        (1) shall forfeit his or her public office or public
23    employment, if any, and shall thereafter be ineligible for

 

 

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

 

 

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1public employment shall be rebuttably presumed to relate to or
2arise out of or in connection with that public office or public
3employment.
4    (e) Any party having an interest in the protection and
5integrity of any court record, whether such party be a public
6official or a private individual, shall have the right to
7request and, if necessary, to demand that an investigation be
8opened into the alteration, destruction, defacement, removal,
9or concealment, or falsification of any public record. Such
10request may be made to any law enforcement agency, including,
11but not limited to, local law enforcement and the State Police.
12    (f) When the local law enforcement agency having
13jurisdiction declines to investigate, or inadequately
14investigates, a violation of subsection (c), the State Police
15shall have the authority to investigate, and shall investigate,
16the same, without regard to whether such local law enforcement
17agency has requested the State Police to do so.
18    (g) When the State's Attorney having jurisdiction declines
19to prosecute a violation of subsection (c), the Attorney
20General shall have the authority to prosecute the same, without
21regard to whether such State's Attorney has requested the
22Attorney General to do so.
23    (h) Prosecution of a violation of subsection (c) shall be
24commenced within 3 years after the act constituting the
25violation is discovered or reasonably should have been
26discovered.

 

 

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1(Source: P.A. 96-1217, eff. 1-1-11.)
 
2    (Text of Section after amendment by P.A. 96-1508)
3    Sec. 32-8. Tampering with public records.
4    (a) A person who knowingly, without lawful authority, and
5with the intent to defraud any party, public officer or entity,
6alters, destroys, defaces, removes or conceals any public
7record commits a Class 4 felony.
8    (b) "Public record" expressly includes, but is not limited
9to, court records, or documents, evidence, or exhibits filed
10with the clerk of the court and which have become a part of the
11official court record, pertaining to any civil or criminal
12proceeding in any court.
13    (c) Any judge, circuit clerk or clerk of court, public
14official or employee, court reporter, or other person who
15knowingly, without lawful authority, and with the intent to
16defraud any party, public officer or entity, 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) who at the
21time of the violation was responsible for making, keeping,
22storing, or reporting the record for which the tampering
23occurred:
24        (1) shall forfeit his or her public office or public
25    employment, if any, and shall thereafter be ineligible for

 

 

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

 

 

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1    For the purposes of this subsection (d), an offense under
2subsection (c) committed by a person holding public office or
3public employment shall be rebuttably presumed to relate to or
4arise out of or in connection with that public office or public
5employment.
6    (e) Any party litigant who believes a violation of this
7Section has occurred may seek the restoration of the court
8record as provided in the Court Records Restoration Act. Any
9order of the court denying the restoration of the court record
10may be appealed as any other civil judgment.
11    (f) When the sheriff or local law enforcement agency having
12jurisdiction declines to investigate, or inadequately
13investigates, the court or any interested party, shall notify
14the State Police of a suspected violation of subsection (a) or
15(c), who shall have the authority to investigate, and may
16investigate, the same, without regard to whether such local law
17enforcement agency has requested the State Police to do so.
18    (g) If the State's Attorney having jurisdiction declines to
19prosecute a violation of subsection (a) or (c), the court or
20interested party shall notify the Attorney General of such
21refusal. The Attorney General shall, thereafter, have the
22authority to prosecute, and may prosecute, the same, without a
23referral from such State's Attorney.
24    (h) Prosecution of a violation of subsection (c) shall be
25commenced within 3 years after the act constituting the
26violation is discovered or reasonably should have been

 

 

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1discovered.
2(Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.