HB3538 97TH GENERAL ASSEMBLY

LRB097 09741 RLC 49878 b

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

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.

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 Sections 31-4 and 32-4 as follows:

(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)

Sec. 31-4. Obstructing justice.

A person obstructs justice when, with intent to prevent the the apprehension or obstruct the prosecution or defense of any person, he knowingly commits any of the following acts:

(a) Destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information; or

(b) Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself; or

(c) Possessing knowledge material to the subject at issue, he leaves the State or conceals himself.

(d) Sentence.

(1) Obstructing justice is a Class 4 felony, except as provided in paragraph (2) of this subsection (d).

(2) Obstructing justice in furtherance of streetgang related or gang-related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, is a Class 3 felony.

(Source: P.A. 90-363, eff. 1-1-98.)

(720 ILCS 5/32-4) (from Ch. 38, par. 32-4)

Sec. 32-4. Communicating with jurors and witnesses.

(a) A person who, with intent to influence any any person whom he believes has been summoned as a juror, regarding any matter which is or may be brought before such juror, communicates, directly or indirectly, with such juror otherwise than as authorized by law commits a Class 4 felony.

(b) A person who, with intent to deter any party or witness from testifying freely, fully and truthfully to any matter pending in any court, or before a Grand Jury, Administrative agency or any other State or local governmental unit, forcibly detains such party or witness, or communicates, directly or indirectly, to such party or witness any knowingly false information or a threat of injury or damage to the property or person of any individual or offers or delivers or threatens to withhold money or another thing of value to any individual commits a Class 3 felony.

(c) A person who violates the Juror Protection Act commits a Class 4 felony.

(Source: P.A. 94-186, eff. 1-1-06.)