Illinois General Assembly - Full Text of HB3962
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Full Text of HB3962  96th General Assembly


Sen. John J. Cullerton

Filed: 11/17/2010





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2    AMENDMENT NO. ______. Amend House Bill 3962, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Criminal Code of 1961 is amended by
6changing Section 32-8 as follows:
7    (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
8    Sec. 32-8. Tampering with public records.
9    (a) A person who knowingly, and without lawful authority,
10and with the intent to defraud any party, public officer or
11entity, alters, destroys, defaces, removes or conceals any
12public record commits a Class 4 felony.
13    (b) "Public record" expressly includes, but is not limited
14to, court records, or documents, evidence, or exhibits filed
15with the clerk of the court and which have become a part of the
16official court record, pertaining to any civil or criminal



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1proceeding in any court.
2    (c) Any judge, circuit clerk or clerk of court, public
3official or employee, court reporter, or other person who
4knowingly, and without lawful authority, and with the intent to
5defraud any party, public officer or entity, alters, destroys,
6defaces, removes, or conceals any public record received or
7held by any judge or by a clerk of any court commits a Class 3
9    (d) Any person convicted under subsection (c) who at the
10time of the violation was responsible for making, keeping,
11storing, or reporting the record for which the tampering
13        (1) shall forfeit his or her public office or public
14    employment, if any, and shall thereafter be ineligible for
15    both State and local public office and public employment in
16    this State for a period of 5 years after completion of any
17    term of probation, conditional discharge, or incarceration
18    in a penitentiary including the period of mandatory
19    supervised release;
20        (2) shall forfeit all retirement, pension, and other
21    benefits arising out of public office or public employment
22    as may be determined by the court in accordance with the
23    applicable provisions of the Illinois Pension Code;
24        (3) shall be subject to termination of any professional
25    licensure or registration in this State as may be
26    determined by the court in accordance with the provisions



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1    of the applicable professional licensing or registration
2    laws;
3        (4) may be ordered by the court, after a hearing in
4    accordance with applicable law and in addition to any other
5    penalty or fine imposed by the court, to forfeit to the
6    State an amount equal to any financial gain or the value of
7    any advantage realized by the person as a result of the
8    offense; and
9        (5) may be ordered by the court, after a hearing in
10    accordance with applicable law and in addition to any other
11    penalty or fine imposed by the court, to pay restitution to
12    the victim in an amount equal to any financial loss or the
13    value of any advantage lost by the victim as a result of
14    the offense.
15    For the purposes of this subsection (d), an offense under
16subsection (c) committed by a person holding public office or
17public employment shall be rebuttably presumed to relate to or
18arise out of or in connection with that public office or public
20    (e) Any party litigant who believes a violation of this
21Section has occurred may seek the restoration of the court
22record as provided in the Court Records Restoration Act. Any
23order of the court denying the restoration of the court record
24may be appealed as any other civil judgment having an interest
25in the protection and integrity of any court record, whether
26such party be a public official or a private individual, shall



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1have the right to request and, if necessary, to demand that an
2investigation be opened into the alteration, destruction,
3defacement, removal, or concealment of any public record. Such
4request may be made to any law enforcement agency, including,
5but not limited to, local law enforcement and the State Police.
6    (f) When the sheriff or local law enforcement agency having
7jurisdiction declines to investigate, or inadequately
8investigates, the court or any interested party, shall notify
9the State Police of a suspected a violation of subsection (a)
10or (c), who the State Police shall have the authority to
11investigate, and may shall investigate, the same, without
12regard to whether such local law enforcement agency has
13requested the State Police to do so.
14    (g) If When the State's Attorney having jurisdiction
15declines to prosecute a violation of subsection (a) or (c), the
16court or interested party shall notify the Attorney General of
17such refusal. The the Attorney General shall, thereafter, have
18the authority to prosecute, and may prosecute, the same,
19without a referral from regard to whether such State's Attorney
20has requested the Attorney General to do so.
21    (h) Prosecution of a violation of subsection (c) shall be
22commenced within 3 years after the act constituting the
23violation is discovered or reasonably should have been
25(Source: P.A. 96-1217, eff. 1-1-11.)".