97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5279

 

Introduced 2/8/2012, by Rep. William Cunningham

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/31-4  from Ch. 38, par. 31-4

    Amends the Criminal Code of 1961. Provides that it is not a required element of obstructing justice that the conduct defining the offense actually or materially prevents the apprehension of, or actually or materially obstructs the prosecution or defense of, any person.


LRB097 15863 RLC 61106 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5279LRB097 15863 RLC 61106 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 1961 is amended by changing
5Section 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 prevent
9the apprehension or obstruct the prosecution or defense of any
10person, he knowingly commits any of the following acts:
11        (1) (a) Destroys, alters, conceals or disguises
12    physical evidence, plants false evidence, furnishes false
13    information; or
14        (2) (b) Induces a witness having knowledge material to
15    the subject at issue to leave the State or conceal himself;
16    or
17        (3) (c) Possessing knowledge material to the subject at
18    issue, he leaves the State or conceals himself.
19    (b) It is not a required element of obstructing justice
20that the conduct set forth in subsection (a) actually or
21materially prevents the apprehension of, or actually or
22materially obstructs the prosecution or defense of, any person.
23    (c) (d) Sentence.

 

 

HB5279- 2 -LRB097 15863 RLC 61106 b

1        (1) Obstructing justice is a Class 4 felony, except as
2    provided in paragraph (2) of this subsection (c) (d).
3        (2) Obstructing justice in furtherance of streetgang
4    related or gang-related activity, as defined in Section 10
5    of the Illinois Streetgang Terrorism Omnibus Prevention
6    Act, is a Class 3 felony.
7(Source: P.A. 90-363, eff. 1-1-98.)