98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2702

 

Introduced 2/21/2013, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/33-3  from Ch. 38, par. 33-3

    Amends the Criminal Code of 2012. Provides that any public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, intentionally or recklessly influences the decision of any financial institution on whether to make a loan or award a line of credit to any business or person. Effective immediately.


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A BILL FOR

 

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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 2012 is amended by changing
5Section 33-3 as follows:
 
6    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)
7    Sec. 33-3. Official Misconduct.) A public officer or
8employee or special government agent commits misconduct when,
9in his official capacity or capacity as a special government
10agent, he commits any of the following acts:
11        (a) Intentionally or recklessly fails to perform any
12    mandatory duty as required by law; or
13        (b) Knowingly performs an act which he knows he is
14    forbidden by law to perform; or
15        (c) With intent to obtain a personal advantage for
16    himself or another, he performs an act in excess of his
17    lawful authority; or
18        (d) Solicits or knowingly accepts for the performance
19    of any act a fee or reward which he knows is not authorized
20    by law; or
21        (e) Intentionally or recklessly influences the
22    decision of any financial institution on whether to make a
23    loan or award a line of credit to any business or person.

 

 

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1    A public officer or employee or special government agent
2convicted of violating any provision of this Section forfeits
3his office or employment or position as a special government
4agent. In addition, he commits a Class 3 felony.
5    For purposes of this Section, "special government agent"
6has the meaning ascribed to it in subsection (l) of Section
74A-101 of the Illinois Governmental Ethics Act.
8(Source: P.A. 94-338, eff. 1-1-06.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.