Sen. John J. Cullerton
Filed: 11/17/2010
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1 | AMENDMENT TO HOUSE BILL 3962
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2 | AMENDMENT NO. ______. Amend House Bill 3962, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
6 | changing Section 32-8 as follows:
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7 | (720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
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8 | Sec. 32-8. Tampering with public records.
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9 | (a) A person who knowingly , and without lawful authority , | ||||||
10 | and with the intent to defraud any party, public officer or | ||||||
11 | entity, alters, destroys,
defaces, removes or conceals any | ||||||
12 | public record commits a Class 4 felony. | ||||||
13 | (b) "Public record" expressly includes, but is not limited | ||||||
14 | to, court records , or documents, evidence, or exhibits filed | ||||||
15 | with the clerk of the court and which have become a part of the | ||||||
16 | official court record, pertaining to any civil or criminal |
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1 | proceeding in any court. | ||||||
2 | (c) Any judge, circuit clerk or clerk of court, public | ||||||
3 | official or employee, court reporter, or other person who | ||||||
4 | knowingly , and without lawful authority , and with the intent to | ||||||
5 | defraud any party, public officer or entity, alters, destroys, | ||||||
6 | defaces, removes, or conceals any public record received or | ||||||
7 | held by any judge or by a clerk of any court commits a Class 3 | ||||||
8 | felony. | ||||||
9 | (d) Any person convicted under subsection (c) who at the | ||||||
10 | time of the violation was responsible for making, keeping, | ||||||
11 | storing, or reporting the record for which the tampering | ||||||
12 | occurred : | ||||||
13 | (1) shall forfeit his or her public office or public | ||||||
14 | employment, if any, and shall thereafter be ineligible for | ||||||
15 | both State and local public office and public employment in | ||||||
16 | this State for a period of 5 years after completion of any | ||||||
17 | term of probation, conditional discharge, or incarceration | ||||||
18 | in a penitentiary including the period of mandatory | ||||||
19 | supervised release; | ||||||
20 | (2) shall forfeit all retirement, pension, and other | ||||||
21 | benefits arising out of public office or public employment | ||||||
22 | as may be determined by the court in accordance with the | ||||||
23 | applicable provisions of the Illinois Pension Code; | ||||||
24 | (3) shall be subject to termination of any professional | ||||||
25 | licensure or registration in this State as may be | ||||||
26 | determined by the court in accordance with the provisions |
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1 | of the applicable professional licensing or registration | ||||||
2 | laws; | ||||||
3 | (4) may be ordered by the court, after a hearing in | ||||||
4 | accordance with applicable law and in addition to any other | ||||||
5 | penalty or fine imposed by the court, to forfeit to the | ||||||
6 | State an amount equal to any financial gain or the value of | ||||||
7 | any advantage realized by the person as a result of the | ||||||
8 | offense; and | ||||||
9 | (5) may be ordered by the court, after a hearing in | ||||||
10 | accordance with applicable law and in addition to any other | ||||||
11 | penalty or fine imposed by the court, to pay restitution to | ||||||
12 | the victim in an amount equal to any financial loss or the | ||||||
13 | value of any advantage lost by the victim as a result of | ||||||
14 | the offense. | ||||||
15 | For the purposes of this subsection (d), an offense under | ||||||
16 | subsection (c) committed by a person holding public office or | ||||||
17 | public employment shall be rebuttably presumed to relate to or | ||||||
18 | arise out of or in connection with that public office or public | ||||||
19 | employment. | ||||||
20 | (e) Any party litigant who believes a violation of this | ||||||
21 | Section has occurred may seek the restoration of the court | ||||||
22 | record as provided in the Court Records Restoration Act. Any | ||||||
23 | order of the court denying the restoration of the court record | ||||||
24 | may be appealed as any other civil judgment having an interest | ||||||
25 | in the protection and integrity of any court record, whether | ||||||
26 | such party be a public official or a private individual, shall |
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1 | have the right to request and, if necessary, to demand that an | ||||||
2 | investigation be opened into the alteration, destruction, | ||||||
3 | defacement, removal, or concealment of any public record. Such | ||||||
4 | request may be made to any law enforcement agency, including, | ||||||
5 | but not limited to, local law enforcement and the State Police . | ||||||
6 | (f) When the sheriff or local law enforcement agency having | ||||||
7 | jurisdiction declines to investigate, or inadequately | ||||||
8 | investigates, the court or any interested party, shall notify | ||||||
9 | the State Police of a suspected a violation of subsection (a) | ||||||
10 | or (c), who the State Police shall have the authority to | ||||||
11 | investigate, and may shall investigate, the same, without | ||||||
12 | regard to whether such local law enforcement agency has | ||||||
13 | requested the State Police to do so. | ||||||
14 | (g) If When the State's Attorney having jurisdiction | ||||||
15 | declines to prosecute a violation of subsection (a) or (c), the | ||||||
16 | court or interested party shall notify the Attorney General of | ||||||
17 | such refusal. The the Attorney General shall , thereafter, have | ||||||
18 | the authority to prosecute , and may prosecute, the same, | ||||||
19 | without a referral from regard to whether such State's Attorney | ||||||
20 | has requested the Attorney General to do so . | ||||||
21 | (h) Prosecution of a violation of subsection (c) shall be | ||||||
22 | commenced within 3 years after the act constituting the | ||||||
23 | violation is discovered or reasonably should have been | ||||||
24 | discovered.
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25 | (Source: P.A. 96-1217, eff. 1-1-11.)".
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