SB3800 Enrolled LRB096 20633 RLC 36345 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 32-8 as follows:
 
6     (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
7     Sec. 32-8. Tampering with public records.
8     (a) A person who knowingly and without lawful authority
9 alters, destroys, defaces, removes or conceals any public
10 record commits a Class 4 felony.
11     (b) "Public record" expressly includes, but is not limited
12 to, court records pertaining to any civil or criminal
13 proceeding in any court.
14     (c) Any judge, circuit clerk or clerk of court, public
15 official or employee, court reporter, or other person who
16 knowingly and without lawful authority alters, destroys,
17 defaces, removes, or conceals any public record received or
18 held by any judge or by a clerk of any court commits a Class 3
19 felony.
20     (d) Any person convicted under subsection (c):
21         (1) shall forfeit his or her public office or public
22     employment, if any, and shall thereafter be ineligible for
23     both State and local public office and public employment in

 

 

SB3800 Enrolled - 2 - LRB096 20633 RLC 36345 b

1     this State for a period of 5 years after completion of any
2     term of probation, conditional discharge, or mandatory
3     supervised release;
4         (2) shall forfeit all retirement, pension, and other
5     benefits arising out of public office or public employment
6     in accordance with the applicable provisions of the
7     Illinois Pension Code;
8         (3) shall be subject to termination of any professional
9     licensure or registration in this State in accordance with
10     the provisions of the applicable professional licensing or
11     registration laws;
12         (4) may be ordered by the court, after a hearing in
13     accordance with applicable law and in addition to any other
14     penalty or fine imposed by the court, to forfeit to the
15     State an amount equal to any financial gain or the value of
16     any advantage realized by the person as a result of the
17     offense; and
18         (5) may be ordered by the court, after a hearing in
19     accordance with applicable law and in addition to any other
20     penalty or fine imposed by the court, to pay restitution to
21     the victim in an amount equal to any financial loss or the
22     value of any advantage lost by the victim as a result of
23     the offense.
24     For the purposes of this subsection (d), an offense under
25 subsection (c) committed by a person holding public office or
26 public employment shall be rebuttably presumed to relate to or

 

 

SB3800 Enrolled - 3 - LRB096 20633 RLC 36345 b

1 arise out of or in connection with that public office or public
2 employment.
3     (e) Any party having an interest in the protection and
4 integrity of any court record, whether such party be a public
5 official or a private individual, shall have the right to
6 request and, if necessary, to demand that an investigation be
7 opened into the alteration, destruction, defacement, removal,
8 or concealment of any public record. Such request may be made
9 to any law enforcement agency, including, but not limited to,
10 local law enforcement and the State Police.
11     (f) When the local law enforcement agency having
12 jurisdiction declines to investigate, or inadequately
13 investigates, a violation of subsection (c), the State Police
14 shall have the authority to investigate, and shall investigate,
15 the same, without regard to whether such local law enforcement
16 agency has requested the State Police to do so.
17     (g) When the State's Attorney having jurisdiction declines
18 to prosecute a violation of subsection (c), the Attorney
19 General shall have the authority to prosecute the same, without
20 regard to whether such State's Attorney has requested the
21 Attorney General to do so.
22     (h) Prosecution of a violation of subsection (c) shall be
23 commenced within 3 years after the act constituting the
24 violation is discovered or reasonably should have been
25 discovered.
26 (Source: P.A. 77-2638.)