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