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90_SB1260eng
720 ILCS 5/2-17 from Ch. 38, par. 2-17
720 ILCS 5/33-3 from Ch. 38, par. 33-3
Amends the Criminal Code of 1961. Includes in the
definition of "public employee", an employee of a public
school district. Provides that for the purposes of the
official misconduct statute, acts committed by a public
officer or employee in his or her official capacity include
acts within the scope of employment as well as acts that are
facilitated because of a public officer or employee's
position or status.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 2-17 and 33-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 2-17 and 33-3 as follows:
7 (720 ILCS 5/2-17) (from Ch. 38, par. 2-17)
8 Sec. 2-17. "Public employee".
9 "Public employee" means a person, other than a public
10 officer, who is authorized to perform any official function
11 on behalf of, and is paid by, the State, or any of its
12 political subdivisions, or a public school district.
13 (Source: Laws 1961, p. 1983.)
14 (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
15 Sec. 33-3. Official Misconduct.) A public officer or
16 employee commits misconduct when, in his official capacity,
17 or through his position of trust as a public officer or
18 employee, he commits any of the following acts:
19 (a) Intentionally or recklessly fails to perform any
20 mandatory duty as required by law; or
21 (b) Knowingly performs an act which he knows he is
22 forbidden by law to perform; or
23 (c) With intent to obtain a personal advantage for
24 himself or another, he performs an act in excess of his
25 lawful authority; or
26 (d) Solicits or knowingly accepts for the performance of
27 any act a fee or reward which he knows is not authorized by
28 law.
29 A public officer or employee convicted of violating any
30 provision of this Section forfeits his office or employment.
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1 In addition, he commits a Class 3 felony.
2 (Source: P.A. 82-790.)