SB2165 104TH GENERAL ASSEMBLY

LRB104 10690 RLC 20769 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2165

Introduced 2/7/2025, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33-1	from Ch. 38, par. 33-1
720 ILCS 5/33-8

Amends the Criminal Code of 2012. Provides that bribery and legislative misconduct include the receipt of property or personal advantage after the improper act has been performed (rather than just the intent to influence the improper act). Provides that the provisions do not apply to the promise, tender, acceptance, or receipt of any campaign contributions that are permissible under the Election Code.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Sections 33-1 and 33-8 as follows:

(720 ILCS 5/33-1) (from Ch. 38, par. 33-1)

Sec. 33-1. Bribery. A person commits bribery when:

(a) With intent to influence or for the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders or promised or tendered to that person any property or personal advantage which he or she is not authorized by law to accept; or

(b) With intent to influence or for the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders or promised or tendered to one whom he or she believes to be a public officer, public employee, juror or witness, any property or personal advantage which a public officer, public employee, juror or witness would not be authorized by law to accept; or

(c) With intent to cause any person to influence or influenced the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders or promised or tendered to that person any property or personal advantage which he or she is not authorized by law to accept; or

(d) He or she receives, retains or agrees to accept any property or personal advantage which he or she is not authorized by law to accept knowing that the property or personal advantage was promised or tendered with intent to cause him or her to influence or for the performance of any act related to the employment or function of any public officer, public employee, juror or witness; or

(e) He or she solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence or for improperly influencing or attempting to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.

As used in this Section, "tenders" means any delivery or proffer made with the requisite intent.

This Section does not apply to the promise, tender, acceptance, or receipt of any campaign contributions that are permissible under the Election Code.

Sentence. Bribery is a Class 2 felony.

(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)

(720 ILCS 5/33-8)

Sec. 33-8. Legislative misconduct.

(a) A member of the General Assembly commits legislative misconduct when he or she knowingly accepts or receives, directly or indirectly, any money or other valuable thing, from any corporation, company or person, for any vote or influence he or she may give or withhold or has given or withheld on any bill, resolution or appropriation, or for any other official act.

(a-5) This Section does not apply to the acceptance or receipt by a member of the General Assembly or his or her political action committee of any campaign contributions that are permissible under the Election Code.

(b) Sentence. Legislative misconduct is a Class 3 felony.

(Source: P.A. 97-1108, eff. 1-1-13.)