Bill Text: IL HB0328 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that an indictment or information for perjury alleging that in the same or in different proceedings in which an oath or affirmation is required, the offender, under oath, knowingly made contradictory statements to the degree that one of the statements is necessarily false, need not specify which statement is false if: (1) each statement was material to the issue or point in question; and (2) each statement was made within the period of the statute of limitations for the offense charged. Provides that it is a defense to an indictment or information made for perjury that the defendant at the time he or she made each declaration believed the declaration to be true. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0328 Detail]

Download: Illinois-2017-HB0328-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0328

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:
720 ILCS 5/32-2 from Ch. 38, par. 32-2

Amends the Criminal Code of 2012. Provides that an indictment or information for perjury alleging that in the same or in different proceedings in which an oath or affirmation is required, the offender, under oath, knowingly made contradictory statements to the degree that one of the statements is necessarily false, need not specify which statement is false if: (1) each statement was material to the issue or point in question; and (2) each statement was made within the period of the statute of limitations for the offense charged. Provides that it is a defense to an indictment or information made for perjury that the defendant at the time he or she made each declaration believed the declaration to be true. Effective immediately.
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A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 32-2 as follows:
6 (720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
7 Sec. 32-2. Perjury.
8 (a) A person commits perjury when, under oath or
9affirmation, in a proceeding or in any other matter where by
10law the oath or affirmation is required, he or she makes a
11false statement, material to the issue or point in question,
12knowing the statement is false.
13 (b) Proof of Falsity.
14 An indictment or information for perjury alleging that in
15the same or in different proceedings in which an oath or
16affirmation is required, the offender, under oath, has
17knowingly made contradictory statements to the degree that one
18of the statements is necessarily false, material to the issue
19or point in question, in the same or in different proceedings,
20where the oath or affirmation is required, need not specify
21which statement is false if:
22 (1) each statement was material to the issue or point
23 in question; and

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1 (2) each statement was made within the period of the
2 statute of limitations for the offense charged under
3 subsection (a) of this Section.
4 It is a defense to proof of falsity under this subsection
5(b) that the defendant at the time he or she made each
6declaration believed the declaration to be true. At the trial,
7the prosecution need not establish which statement is false.
8 (c) Admission of Falsity.
9 Where the contradictory statements are made in the same
10continuous trial, an admission by the offender in that same
11continuous trial of the falsity of a contradictory statement
12shall bar prosecution therefor under any provisions of this
13Code.
14 (d) A person shall be exempt from prosecution under
15subsection (a) of this Section if he or she is a peace officer
16who uses a false or fictitious name in the enforcement of the
17criminal laws, and this use is approved in writing as provided
18in Section 10-1 of "The Liquor Control Act of 1934", as
19amended, Section 5 of "An Act in relation to the use of an
20assumed name in the conduct or transaction of business in this
21State", approved July 17, 1941, as amended, or Section 2605-200
22of the Department of State Police Law. However, this exemption
23shall not apply to testimony in judicial proceedings where the
24identity of the peace officer is material to the issue, and he
25or she is ordered by the court to disclose his or her identity.
26 (e) Sentence.

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1 Perjury is a Class 3 felony.
2(Source: P.A. 97-1108, eff. 1-1-13.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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