HB1389 103RD GENERAL ASSEMBLY

LRB103 05219 RJT 50235 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1389

Introduced 1/31/2023, by Rep. Jackie Haas

SYNOPSIS AS INTRODUCED:

720 ILCS 5/31-4

from Ch. 38, par. 31-4

Amends the Criminal Code of 2012. Provides that a person also obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly takes a body camera or any part of a body camera from a person known to be a peace officer. Provides that a violation, if the body camera or any part of the body camera is taken from the peace officer during the commission of an offense that has caused great bodily harm to the officer or another person, is a Class 1 felony. Provides that any other violation of this provision is a Class 2 felony.

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 2012 is amended by changing Section 31-4 as follows:

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

Sec. 31-4. Obstructing justice.

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

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

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

(3) possessing Possessing knowledge material to the subject at issue, he or she leaves the State or conceals himself; or

(4) if If a parent, legal guardian, or caretaker of a child under 13 years of age reports materially false information to a law enforcement agency, medical examiner, coroner, State's Attorney, or other governmental agency during an investigation of the disappearance or death of a child under circumstances described in subsection (a) or (b) of Section 10-10 of this Code; or .

(5) takes a body camera or any part of a body camera from a person known to be a peace officer.

(b) Sentence.

(1) Obstructing justice is a Class 4 felony, except as provided in paragraphs paragraph (2) and (3) of this subsection (b).

(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.

(3) A violation of paragraph (5) of subsection (a), if the body camera or any part of the body camera is taken from the peace officer during the commission of an offense that has caused great bodily harm to the officer or another person, is a Class 1 felony. Any other violation of paragraph (5) of subsection (a) is a Class 2 felony.

(Source: P.A. 97-1079, eff. 1-1-13.)