98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2695
 
Introduced 1/28/2014, by Sen. David Koehler
 
SYNOPSIS AS INTRODUCED:
 

 



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

     Amends the Criminal Code of 2012 concerning official misconduct.  Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment, which obstructs, impedes, or prevents the investigation, apprehension, or prosecution of any criminal offense or person.  Provides that an employee who violates this provision is guilty of  a Class 3 felony and shall forfeit his or her office or employment.
  


LRB098 17529 RLC 52638 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB2695LRB098 17529 RLC 52638 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 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.)  
8    (a) A public officer or employee or special government 
9agent commits misconduct
when, in his official capacity or 
10capacity as a special government agent, he or she commits any 
11of the following acts:

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

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

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

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

22    (b)  An employee of a law enforcement agency commits 
23misconduct when he or she knowingly uses or communicates, 
 
 
SB2695- 2 -LRB098 17529 RLC 52638 b

1directly or indirectly, information acquired in the course of 
2employment, which obstructs, impedes, or prevents the 
3investigation, apprehension, or prosecution of any criminal 
4offense or person. 
5    (c) A public officer or employee or special government 
6agent
convicted of violating any provision of
this Section 
7forfeits his or her office or employment or position as a 
8special government agent.  In addition, he or she commits a

9Class
3 felony.
10    (d) For purposes of this Section, "special government 
11agent" has the meaning ascribed to it in subsection (l) of 
12Section 4A-101 of the Illinois Governmental Ethics Act.


13(Source: P.A. 94-338, eff. 1-1-06.)