SB2695 EngrossedLRB098 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 Engrossed- 2 -LRB098 17529 RLC 52638 b

1directly or indirectly, information acquired in the course of
2employment, with the intent to obstruct, impede, or prevent the
3investigation, apprehension, or prosecution of any criminal
4offense or person. Nothing in this subsection (b) shall be
5construed to impose liability for communicating to a
6confidential resource, who is participating or aiding law
7enforcement, in an ongoing investigation.
8    (c) A public officer or employee or special government
9agent convicted of violating any provision of this Section
10forfeits his or her office or employment or position as a
11special government agent. In addition, he or she commits a
12Class 3 felony.
13    (d) For purposes of this Section, "special government
14agent" has the meaning ascribed to it in subsection (l) of
15Section 4A-101 of the Illinois Governmental Ethics Act.
16(Source: P.A. 94-338, eff. 1-1-06.)