HB4879sam002 95TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 5/27/2008

09500HB4879sam002 LRB095 12804 RLC 51524 a

AMENDMENT TO HOUSE BILL 4879

AMENDMENT NO. ______. Amend House Bill 4879, AS AMENDED, in the introductory clause of Section 5, by inserting after "11-20.3" the following: "and by adding Sections 32-4e and 32-4f"; and

in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section 5, by inserting after "pornography" the following: "under paragraphs (1) through (7) of subsection (a) of this Section"; and

in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section 5, by inserting after "prosecution under" the following: "paragraphs (1) through (7) of subsection (a) of"; and

after the last line of paragraph (1) of subsection (b) of Sec. 11-20.3 of Section 5, by inserting the following:

"(1.5) It shall be an affirmative defense to a charge of aggravated child pornography under paragraph (8) or (9) of subsection (a) of this Section that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution under paragraph (8) or (9) of subsection (a) of this Section, he or she took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person and his reliance upon the information so obtained was clearly reasonable."; and

by inserting after the last line of Sec. 11-20.3 of Section 5 the following:

"(720 ILCS 5/32-4e new)

Sec. 32-4e. Interfering with the duties of a judicial officer.

(a) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to a judicial officer or a member of the judicial officer's immediate family with the intent to:

(1) induce such judicial officer to do, or fail to do, any act in violation of the lawful execution of his or her official duties; or

(2) induce such judicial officer to commit or aid in the commission of any fraud, or to collude in, allow, or make available the opportunity for the commission of any fraud on the State of Illinois.

(b) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to court employees and staff with the intent to interfere with the administration of the judicial process.

(c) Sentence. A person who violates this Section commits a Class 2 felony.

(d) Definitions. For purposes of this Section:

"Judicial officer" means a justice, judge, associate judge, or magistrate of a court of the United States of America or the State of Illinois.

"Immediate family" means a judicial officer's spouse or children.

(720 ILCS 5/32-4f new)

Sec. 32-4f. Retaliating against a Judge by false claim, slander of title, or malicious recording of fictitious liens. A person who files or causes to be filed, in any public record or in any private record that is generally available to the public, any false lien or encumbrance against the real or personal property of a Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois with knowledge that such lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation, and with the intent of retaliating against that Judge for the performance or non-performance of an official judicial duty, is guilty of a violation of this Section. A person is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.".