Public Act 098-0867
 
SB2695 EnrolledLRB098 17529 RLC 52638 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 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,
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
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.)