Bill Text: IL HB2575 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Changes the penalty for obstructing justice based upon the class of felony or misdemeanor of the underlying offense in which the defendant obstructed justice (rather than a Class 4 felony, or a Class 3 felony if obstructing justice was in furtherance of streetgang related or gang-related activity). Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB2575 Detail]

Download: Illinois-2009-HB2575-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2575 Introduced 2/20/2009, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
720 ILCS 5/31-4 from Ch. 38, par. 31-4
Amends the Criminal Code of 1961. Changes the penalty for obstructing justice based upon the class of felony or misdemeanor of the underlying offense in which the defendant obstructed justice (rather than a Class 4 felony, or a Class 3 felony if obstructing justice was in furtherance of streetgang related or gang-related activity). Effective immediately.
LRB096 04781 RLC 14845 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB2575 LRB096 04781 RLC 14845 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 31-4 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
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 X 4 felony if the
defendant obstructed the prosecution or defense of a first
degree murder , except as provided in paragraph (2) of this
subsection (d).
(2) Obstructing justice in furtherance of streetgang

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related or gang-related activity, as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention
Act, is a Class 1 3 felony if the defendant obstructed the
prosecution or defense of a Class X felony.
(3) Obstructing justice is a Class 2 felony if the
defendant obstructed the prosecution or defense of a Class
1 felony.
(4) Obstructing justice is a Class 3 felony if the
defendant obstructed the prosecution or defense of a Class
2 felony.
(5) Obstructing justice is a Class 4 felony if the
defendant obstructed the prosecution or defense of a:
(A) Class 3 felony,
(B) Class 4 felony,
(C) Class A misdemeanor,
(D) Class B misdemeanor,
(E) Class C misdemeanor.
(Source: P.A. 90-363, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.