Bill Text: IL SB2695 | 2013-2014 | 98th General Assembly | Introduced

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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-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2695 Introduced 1/28/2014, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
720 ILCS 5/33-3 from Ch. 38, par. 33-3
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.
LRB098 17529 RLC 52638 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 2012 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.)
(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:
(1) (a) Intentionally or recklessly fails to perform
any mandatory duty as required by law; or
(2) (b) Knowingly performs an act which he knows he is
forbidden by law to perform; or
(3) (c) With intent to obtain a personal advantage for
himself or another, he performs an act in excess of his
lawful authority; or
(4) (d) Solicits or knowingly accepts for the
performance of any act a fee or reward which he knows is
not authorized by law.
(b) An employee of a law enforcement agency commits
misconduct when he or she knowingly uses or communicates,

SB2695 - 2 - LRB098 17529 RLC 52638 b
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.
(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
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.
(Source: P.A. 94-338, eff. 1-1-06.)