103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1389
 
Introduced 1/31/2023, by Rep. Jackie Haas
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/31-4  from Ch. 38, par. 31-4

     Amends the Criminal Code of 2012.  Provides that a person also obstructs justice when, with intent to prevent the apprehension
or obstruct the prosecution or defense of any person, he or she knowingly  takes a body camera or any part of a body camera from a person known to be a peace officer.  Provides that a violation, if the body camera or any part of the body camera is taken from the peace officer during the commission of an offense that has caused great bodily harm to the officer or another person, is a Class 1 felony. Provides that any other violation of this provision is a Class 2 felony.
  


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A BILL FOR
 

  
HB1389LRB103 05219 RJT 50235 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 2012 is amended  by 
5changing Section 31-4 as follows:
 



6    (720 ILCS 5/31-4)  (from Ch. 38, par. 31-4)



7    Sec. 31-4. Obstructing justice. 

8    (a) A person obstructs justice when, with intent to 
9prevent the apprehension
or obstruct the prosecution or 
10defense of any person, he or she knowingly commits
any of the 
11following acts:

12        (1) destroys Destroys, alters, conceals or disguises 
13    physical evidence, plants
false evidence, furnishes false 
14    information; or

15        (2) induces Induces a witness having knowledge 
16    material to the subject at issue
to leave the State or 
17    conceal himself or herself; or

18        (3) possessing Possessing knowledge material to the 
19    subject at issue, he or she leaves the
State or conceals 
20    himself; or
21        (4) if If a parent, legal guardian, or caretaker
of a 
22    child under  13 years of age reports materially false 
23    information to a law enforcement agency, medical examiner, 
 
 
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1    coroner, State's Attorney, or other governmental agency 
2    during an investigation of the disappearance or death of a 
3    child under circumstances described in subsection (a) or 
4    (b) of Section 10-10 of this Code; or .

5        (5) takes a body camera or any part of a body camera 
6    from a person known to be a peace officer. 
7    (b) Sentence.


8        (1) Obstructing justice is a Class 4 felony, except as 
9    provided in
paragraphs paragraph (2) and (3) of this 
10    subsection (b).


11        (2) Obstructing justice in furtherance of streetgang 
12    related or
gang-related activity, as defined in Section 10 
13    of the Illinois Streetgang
Terrorism Omnibus Prevention 
14    Act, is a Class 3 felony.
15        (3) A violation of paragraph (5) of subsection (a), if 
16    the body camera or any part of the body camera is taken 
17    from the peace officer during the commission of an offense 
18    that has caused great bodily harm to the officer or 
19    another person, is a Class 1 felony. Any other violation 
20    of paragraph (5) of subsection (a) is a Class 2 felony. 

21(Source: P.A. 97-1079, eff. 1-1-13.)