Public Act 094-0338
 		





HB3874 Enrolled
LRB094 07697 RLC 40421 b






    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 or special government agent commits misconduct
when, 
in his official capacity or capacity as a special government 
agent, 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 or special government agent

convicted of violating any provision of
this Section forfeits 
his office or employment or position as a special government 
agent.  In addition, he commits a
Class
3 felony.
    For purposes of this Section, "special government agent" 
has the meaning ascribed to it in subsection (l) of Section 
4A-101 of the Illinois Governmental Ethics Act.


(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 knowingly makes, uses, or causes 
    to be made or used a false record or statement to conceal, 
    avoid, or decrease an obligation to pay or transmit money 
    or property;
        (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 contractual responsibility; 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 3 felony.





Effective Date:  1/1/2006