HB3874 94TH GENERAL ASSEMBLY

LRB094 07697 RLC 40421 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3874

Introduced 2/25/2005, by Rep. James D. Brosnahan

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33-3	from Ch. 38, par. 33-3
720 ILCS 5/33-7 new

Amends the Criminal Code of 1961. Increases the penalty for official misconduct committed by a public officer or employee from a Class 3 felony to a Class 2 felony. Creates the offense of public contractor misconduct. Defines the offense. Provides that a violation is a Class 2 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 33-3 and by adding Section 33-7 as follows:

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

Sec. 33-3. Official Misconduct.) A public officer or employee commits misconduct when, in his official capacity, he commits any of the following acts:

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

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

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

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

A public officer or employee convicted of violating any provision of this Section forfeits his office or employment. In addition, he commits a Class 2 3 felony.

(Source: P.A. 82-790.)

(720 ILCS 5/33-7 new)

Sec. 33-7. Public contractor misconduct.

(a) A public contractor; a person seeking a public contract on behalf of himself, herself, or another; an employee of a public contractor; or a person seeking a public contract on behalf of himself, herself, or another commits public contractor misconduct when, in the performance of, or in connection with, a contract with the State, a unit of local government, or a school district or in obtaining or seeking to obtain such a contract he or she commits any of the following acts:

(1) intentionally or recklessly fails to perform any mandatory duty as required by statute or ordinance;

(2) knowingly performs an act that he or she knows he or she is forbidden by law to perform;

(3) with intent to obtain a personal advantage for himself, herself, or another, he or she performs an act in excess of his or her lawful authority; or

(4) solicits or knowingly accepts for the performance of any act a fee or reward that he or she knows is not authorized by law.

(b) Sentence. Any person who violates this Section commits a Class 2 felony.