101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5630

 

Introduced , by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/33-9 new

    Amends the Criminal Code of 2012. Creates the offense of peace officer misconduct. Provides that a peace officer commits the offense when he or she intentionally: (1) retaliates against a person solely because the person makes a disrespectful statement about the peace officer, law enforcement, or other public officers; or (2) harasses a person solely because of the person's actual or perceived age, gender, gender identity, sex, sexual orientation, race, ethnicity, skin color, religion, mental health, or any other medical conditions, country of origin, or immigration status. Establishes penalties. Defines "harass" and "retaliate". Effective immediately.


LRB101 19451 RLC 68923 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5630LRB101 19451 RLC 68923 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 33-9 as follows:
 
6    (720 ILCS 5/33-9 new)
7    Sec. 33-9. Peace officer misconduct.
8    (a) In this Section:
9    "Harass" means without cause to surveil, issue a ticket to,
10or arrest a person.
11    "Retaliate" means to defame, falsely arrest or imprison,
12file false claims or charges against a person, or cause the
13person to lose a professional or occupational license or
14business profits or opportunity, or to be discharged or
15disciplined in the person's employment.
16    (b) A peace officer commits peace officer misconduct when
17he or she intentionally:
18        (1) retaliates against a person solely because the
19    person makes a disrespectful statement about the peace
20    officer, law enforcement, or other public officers; or
21        (2) harasses a person solely because of the person's
22    actual or perceived age, gender, gender identity, sex,
23    sexual orientation, race, ethnicity, skin color, religion,

 

 

HB5630- 2 -LRB101 19451 RLC 68923 b

1    mental health, or any other medical conditions, country of
2    origin, or immigration status.
3    (c) Peace officer misconduct is a Class 3 felony for which
4the person shall be sentenced to a minimum term of imprisonment
5of 2 years.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.