Bill Text: IL HB6195 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961 concerning official misconduct. Provides that a person who commits the offense with intent to obtain a personal advantage for himself, herself, or another and performs an act in excess of his or her lawful authority, if the personal advantage obtained for himself, herself, or another is property or has a specified monetary value, is guilty of a: (1) Class 2 felony if the value of the personal advantage obtained does not exceed $10,000; (2) Class 1 felony if the value of the personal advantage obtained exceeds $10,000 but does not exceed $100,000; and (3) Class X felony if the value of the personal advantage obtained exceeds $100,000.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6195 Detail]

Download: Illinois-2011-HB6195-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6195 Introduced , by Rep. Richard Morthland SYNOPSIS AS INTRODUCED:
720 ILCS 5/33-3 from Ch. 38, par. 33-3
Amends the Criminal Code of 1961 concerning official misconduct. Provides that a person who commits the offense with intent to obtain a personal advantage for himself, herself, or another and performs an act in excess of his or her lawful authority, if the personal advantage obtained for himself, herself, or another is property or has a specified monetary value, is guilty of a: (1) Class 2 felony if the value of the personal advantage obtained does not exceed $10,000; (2) Class 1 felony if the value of the personal advantage obtained exceeds $10,000 but does not exceed $100,000; and (3) Class X felony if the value of the personal advantage obtained exceeds $100,000.
LRB097 21373 RLC 69294 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB6195 LRB097 21373 RLC 69294 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 as follows:
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official misconduct. Misconduct.)
(a) A public officer or employee or special government
agent commits official misconduct when, in his or her official
capacity or capacity as a special government agent, he or she
commits any of the following acts:
(1) intentionally (a) Intentionally or recklessly
fails to perform any mandatory duty as required by law; or
(2) knowingly (b) Knowingly performs an act which he or
she knows he or she is forbidden by law to perform; or
(3) with (c) With intent to obtain a personal advantage
for himself, herself, or another, he or she performs an act
in excess of his or her lawful authority; or
(4) solicits (d) Solicits or knowingly accepts for the
performance of any act a fee or reward which he or she
knows is not authorized by law.
(b) A public officer or employee or special government
agent convicted of violating any provision of this Section

HB6195 - 2 - LRB097 21373 RLC 69294 b
forfeits his or her office or employment or position as a
special government agent.
(c) In addition to the forfeiture of office provided in
subsection (b):
(1) A person who commits a violation of paragraph (1),
(2), or (4) of subsection (a) is guilty of , he commits a
Class 3 felony.
(2) A person who commits a violation of paragraph (3)
of subsection (a), if the personal advantage obtained for
himself, herself, or another has no specified monetary
value, is guilty of a Class 3 felony.
(3) A person who commits a violation of paragraph (3)
of subsection (a), if the personal advantage obtained for
himself, herself, or another is property or has a specified
monetary value, is guilty of a:
(A) Class 2 felony if the value of the personal
advantage obtained does not exceed $10,000.
(B) Class 1 felony if the value of the personal
advantage obtained exceeds $10,000 but does not exceed
$100,000.
(C) Class X felony if the value of the personal
advantage obtained exceeds $100,000.
(d) 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. 94-338, eff. 1-1-06.)