Full Text of HB3538 97th General Assembly
HB3538 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3538 Introduced 2/24/2011, by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/31-4 | from Ch. 38, par. 31-4 |
720 ILCS 5/32-4 | from Ch. 38, par. 32-4 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning obstructing justice and in a Section concerning communicating with jurors and witnesses.
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| | A BILL FOR |
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| | | HB3538 | | LRB097 09741 RLC 49878 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Sections 31-4 and 32-4 as follows:
| 6 | | (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
| 7 | | Sec. 31-4. Obstructing justice.
| 8 | | A person obstructs justice when, with intent to prevent the
| 9 | | the apprehension
or obstruct the prosecution or defense of any | 10 | | person, he knowingly commits
any of the following acts: | 11 | | (a) Destroys, alters, conceals or disguises physical | 12 | | evidence, plants
false evidence, furnishes false information; | 13 | | or
| 14 | | (b) Induces a witness having knowledge material to the | 15 | | subject at issue
to leave the State or conceal himself; or
| 16 | | (c) Possessing knowledge material to the subject at issue, | 17 | | he leaves the
State or conceals himself.
| 18 | | (d) Sentence.
| 19 | | (1) Obstructing justice is a Class 4 felony, except as | 20 | | provided in
paragraph (2) of this subsection (d).
| 21 | | (2) Obstructing justice in furtherance of streetgang | 22 | | related or
gang-related activity, as defined in Section 10 | 23 | | of the Illinois Streetgang
Terrorism Omnibus Prevention |
| | | HB3538 | - 2 - | LRB097 09741 RLC 49878 b |
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| 1 | | Act, is a Class 3 felony.
| 2 | | (Source: P.A. 90-363, eff. 1-1-98.)
| 3 | | (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
| 4 | | Sec. 32-4. Communicating with jurors and witnesses.
| 5 | | (a) A person who, with intent to influence any any person | 6 | | whom he believes
has been summoned as a juror, regarding any | 7 | | matter which is or may be
brought before such juror, | 8 | | communicates, directly or indirectly, with such
juror | 9 | | otherwise than as authorized by law commits a Class 4 felony.
| 10 | | (b) A person who, with intent to deter any party or witness | 11 | | from
testifying freely, fully and truthfully to any matter | 12 | | pending in any court,
or before a Grand Jury, Administrative | 13 | | agency or any other State or local
governmental unit, forcibly | 14 | | detains such party or witness, or communicates,
directly or | 15 | | indirectly, to such party or witness any knowingly false
| 16 | | information or a threat of injury or damage to the property or | 17 | | person of
any individual or offers or delivers or threatens to | 18 | | withhold money or
another thing of value to
any individual | 19 | | commits a
Class 3 felony.
| 20 | | (c) A person who violates the Juror Protection Act commits | 21 | | a Class 4 felony.
| 22 | | (Source: P.A. 94-186, eff. 1-1-06.)
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