Sen. Carole Pankau
Filed: 4/6/2005
 
 

 




 

 		












09400SB1943sam002

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AMENDMENT TO SENATE BILL 1943 




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    AMENDMENT NO. ______. Amend Senate Bill 1943, AS AMENDED, 
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by replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Section 33-3 as follows:
 



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    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)



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    Sec. 33-3. Official
Misconduct.)  A public officer or 
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employee commits misconduct
when, in his official capacity, he 
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commits any of the following acts:

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    (a) Intentionally or recklessly fails to perform any 
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mandatory duty as
required by law; or

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    (b) Knowingly performs an act which he knows he is 
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forbidden by law to
perform; or

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    (c) With intent to obtain a personal advantage for himself 
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or another,
he performs an act in excess of his lawful 
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authority; or

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    (d) Solicits or knowingly accepts for the performance of 
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any act a fee
or reward which he knows is not authorized by 
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law; or .

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    (e) Commits an act of sexual penetration as defined in 
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Section 12-12 of this Code with a victim who was under 19 years 
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of age and who is enrolled in high school when the act was 
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committed and the public officer or employee was 17 years of 
 


 






09400SB1943sam002
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age or older and held a position of trust, authority, or 
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supervision in relation to the victim at the same high school.

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    A public officer or employee convicted of violating any 
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provision of
this Section forfeits his office or employment.  In 
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addition, he commits a
Class 3 felony, except that a violation 
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of paragraph (e) of this Section is a Class 2 felony.

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(Source: P.A. 82-790.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".