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| Public Act 096-1508 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by 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, | ||||
and with the intent to defraud any party, public officer or | ||||
entity, alters, destroys,
defaces, removes or conceals any | ||||
public record commits a Class 4 felony. | ||||
(b) "Public record" expressly includes, but is not limited | ||||
to, court records, or documents, evidence, or exhibits filed | ||||
with the clerk of the court and which have become a part of the | ||||
official court record, pertaining to any civil or criminal | ||||
proceeding in any court. | ||||
(c) Any judge, circuit clerk or clerk of court, public | ||||
official or employee, court reporter, or other person who | ||||
knowingly, and without lawful authority, and with the intent to | ||||
defraud any party, public officer or entity, alters, destroys, | ||||
defaces, removes, or conceals any public record received or | ||||
held by any judge or by a clerk of any court commits a Class 3 | ||||
felony. | ||||
(d) Any person convicted under subsection (c) who at the | ||
time of the violation was responsible for making, keeping, | ||
storing, or reporting the record for which the tampering | ||
occurred: | ||
(1) shall forfeit his or her public office or public | ||
employment, if any, and shall thereafter be ineligible for | ||
both State and local public office and public employment in | ||
this State for a period of 5 years after completion of any | ||
term of probation, conditional discharge, or incarceration | ||
in a penitentiary including the period of mandatory | ||
supervised release; | ||
(2) shall forfeit all retirement, pension, and other | ||
benefits arising out of public office or public employment | ||
as may be determined by the court in accordance with the | ||
applicable provisions of the Illinois Pension Code; | ||
(3) shall be subject to termination of any professional | ||
licensure or registration in this State as may be | ||
determined by the court in accordance with the provisions | ||
of the applicable professional licensing or registration | ||
laws; | ||
(4) may be ordered by the court, after a hearing in | ||
accordance with applicable law and in addition to any other | ||
penalty or fine imposed by the court, to forfeit to the | ||
State an amount equal to any financial gain or the value of | ||
any advantage realized by the person as a result of the | ||
offense; and | ||
(5) may be ordered by the court, after a hearing in | ||
accordance with applicable law and in addition to any other | ||
penalty or fine imposed by the court, to pay restitution to | ||
the victim in an amount equal to any financial loss or the | ||
value of any advantage lost by the victim as a result of | ||
the offense. | ||
For the purposes of this subsection (d), an offense under | ||
subsection (c) committed by a person holding public office or | ||
public employment shall be rebuttably presumed to relate to or | ||
arise out of or in connection with that public office or public | ||
employment. | ||
(e) Any party litigant who believes a violation of this | ||
Section has occurred may seek the restoration of the court | ||
record as provided in the Court Records Restoration Act. Any | ||
order of the court denying the restoration of the court record | ||
may be appealed as any other civil judgment having an interest | ||
in the protection and integrity of any court record, whether | ||
such party be a public official or a private individual, shall | ||
have the right to request and, if necessary, to demand that an | ||
investigation be opened into the alteration, destruction, | ||
defacement, removal, or concealment of any public record. Such | ||
request may be made to any law enforcement agency, including, | ||
but not limited to, local law enforcement and the State Police. | ||
(f) When the sheriff or local law enforcement agency having | ||
jurisdiction declines to investigate, or inadequately | ||
investigates, the court or any interested party, shall notify | ||
the State Police of a suspected a violation of subsection (a) | ||
or (c), who the State Police shall have the authority to | ||
investigate, and may shall investigate, the same, without | ||
regard to whether such local law enforcement agency has | ||
requested the State Police to do so. | ||
(g) If When the State's Attorney having jurisdiction | ||
declines to prosecute a violation of subsection (a) or (c), the | ||
court or interested party shall notify the Attorney General of | ||
such refusal. The the Attorney General shall, thereafter, have | ||
the authority to prosecute, and may prosecute, the same, | ||
without a referral from regard to whether such State's Attorney | ||
has requested the Attorney General to do so. | ||
(h) Prosecution of a violation of subsection (c) shall be | ||
commenced within 3 years after the act constituting the | ||
violation is discovered or reasonably should have been | ||
discovered.
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(Source: P.A. 96-1217, eff. 1-1-11.)
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