State of Illinois
91st General Assembly

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 1        AN  ACT  to  amend  the  Criminal  Code of 1961 by adding
 2    Section 33-3.1.

 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    adding Section 33-3.1 as follows:

 7        (720 ILCS 5/33-3.1 new)
 8        Sec. 33-3.1.  Official misconduct by contractor.
 9        (a)  A  prime  contractor,  prime  contractor   employee,
10    subcontractor,  or  subcontractor employee commits misconduct
11    when in his  or  her  contractual  capacity  under  a  public
12    contract, he or she commits any of the following acts:
13             (1)  Intentionally  or  recklessly  fails to perform
14        any mandatory duty as required by law; or
15             (2)  Knowingly performs an act that he or she  knows
16        he or she is forbidden by law to perform; or
17             (3)  With  intent to obtain a personal advantage for
18        himself, herself, or another, he or she performs  an  act
19        in excess of his or her lawful authority; or
20             (4)  Solicits   or   knowingly   accepts   for   the
21        performance  of  any  act  a fee or reward that he or she
22        knows is not authorized by law.
23        (b)  Definitions.   As  used  in  this  Section,  "public
24    contract", "prime contractor", "prime  contractor  employee",
25    "subcontract",  "subcontractor", and "subcontractor employee"
26    have the meanings ascribed to them in Section 33E-2  of  this
27    Code.
28        (c)  Sentence.   A  prime  contractor,  prime  contractor
29    employee,  subcontractor, or subcontractor employee convicted
30    of violating any provision of this Section commits a Class  3
31    felony.

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