Bill Text: IL SB2695 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Criminal Code of 2012 concerning official misconduct. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment, which obstructs, impedes, or prevents the investigation, apprehension, or prosecution of any criminal offense or person. Provides that an employee who violates this provision is guilty of a Class 3 felony and shall forfeit his or her office or employment.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-08 - Public Act . . . . . . . . . 98-0867 [SB2695 Detail]
Download: Illinois-2013-SB2695-Chaptered.html
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| Public Act 098-0867 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 33-3 as follows:
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(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
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Sec. 33-3. Official
Misconduct.) | ||||
(a) A public officer or employee or special government | ||||
agent commits misconduct
when, in his official capacity or | ||||
capacity as a special government agent, he or she commits any | ||||
of the following acts:
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(1) (a) Intentionally or recklessly fails to perform | ||||
any mandatory duty as
required by law; or
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(2) (b) Knowingly performs an act which he knows he is | ||||
forbidden by law to
perform; or
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(3) (c) With intent to obtain a personal advantage for | ||||
himself or another,
he performs an act in excess of his | ||||
lawful authority; or
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(4) (d) Solicits or knowingly accepts for the | ||||
performance of any act a fee
or reward which he knows is | ||||
not authorized by law.
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(b) An employee of a law enforcement agency commits | ||||
misconduct when he or she knowingly uses or communicates, | ||||
directly or indirectly, information acquired in the course of | ||
employment, with the intent to obstruct, impede, or prevent the | ||
investigation, apprehension, or prosecution of any criminal | ||
offense or person. Nothing in this subsection (b) shall be | ||
construed to impose liability for communicating to a | ||
confidential resource, who is participating or aiding law | ||
enforcement, in an ongoing investigation. | ||
(c) A public officer or employee or special government | ||
agent
convicted of violating any provision of
this Section | ||
forfeits his or her office or employment or position as a | ||
special government agent. In addition, he or she commits a
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Class
3 felony. | ||
(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.
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(Source: P.A. 94-338, eff. 1-1-06.)
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