Sen. Iris Y. Martinez
Filed: 5/27/2008
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1 | AMENDMENT TO HOUSE BILL 4879
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2 | AMENDMENT NO. ______. Amend House Bill 4879, AS AMENDED, in | ||||||
3 | the introductory clause of Section 5, by inserting after | ||||||
4 | "11-20.3" the following: | ||||||
5 | "and by adding Sections 32-4e and 32-4f"; and
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6 | in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section | ||||||
7 | 5, by inserting after "pornography" the following: | ||||||
8 | " under paragraphs (1) through (7) of subsection (a) of this | ||||||
9 | Section "; and | ||||||
10 | in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section | ||||||
11 | 5, by inserting after "prosecution under" the following: | ||||||
12 | " paragraphs (1) through (7) of subsection (a) of "; and | ||||||
13 | after the last line of paragraph (1) of subsection (b) of Sec. | ||||||
14 | 11-20.3 of Section 5, by inserting the following: | ||||||
15 | " (1.5) It shall be an affirmative defense to a charge of |
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1 | aggravated child pornography under paragraph (8) or (9) of | ||||||
2 | subsection (a) of this Section that the defendant reasonably | ||||||
3 | believed, under all of the circumstances, that the child was 18 | ||||||
4 | years of age or older or that the person was not a severely or | ||||||
5 | profoundly mentally retarded person but only where, prior to | ||||||
6 | the act or acts giving rise to a prosecution under paragraph | ||||||
7 | (8) or (9) of subsection (a) of this Section, he or she took | ||||||
8 | some affirmative action or made a bonafide inquiry designed to | ||||||
9 | ascertain whether the child was 18 years of age or older or | ||||||
10 | that the person was not a severely or profoundly mentally | ||||||
11 | retarded person and his reliance upon the information so | ||||||
12 | obtained was clearly reasonable. "; and | ||||||
13 | by inserting after the last line of Sec. 11-20.3 of Section 5 | ||||||
14 | the following: | ||||||
15 | "(720 ILCS 5/32-4e new) | ||||||
16 | Sec. 32-4e. Interfering with the duties of a judicial | ||||||
17 | officer. | ||||||
18 | (a) A person may not give or offer to give benefits, | ||||||
19 | promises, pecuniary compensation, or any other form of | ||||||
20 | compensation, either directly or indirectly, to a judicial | ||||||
21 | officer or a member of the judicial officer's immediate family | ||||||
22 | with the intent to: | ||||||
23 | (1) induce such judicial officer to do, or fail to do, | ||||||
24 | any act in violation of the lawful execution of his or her |
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1 | official duties; or | ||||||
2 | (2) induce such judicial officer to commit or aid in | ||||||
3 | the commission of any fraud, or to collude in, allow, or | ||||||
4 | make available the opportunity for the commission of any | ||||||
5 | fraud on the State of Illinois. | ||||||
6 | (b) A person may not give or offer to give benefits, | ||||||
7 | promises, pecuniary compensation, or any other form of | ||||||
8 | compensation, either directly or indirectly, to court | ||||||
9 | employees and staff with the intent to interfere with the | ||||||
10 | administration of the judicial process. | ||||||
11 | (c) Sentence. A person who violates this Section commits a | ||||||
12 | Class 2 felony. | ||||||
13 | (d) Definitions. For purposes of this Section: | ||||||
14 | "Judicial officer" means a justice, judge, associate | ||||||
15 | judge, or magistrate of a court of the United States of America | ||||||
16 | or the State of Illinois. | ||||||
17 | "Immediate family" means a judicial officer's spouse or | ||||||
18 | children. | ||||||
19 | (720 ILCS 5/32-4f new) | ||||||
20 | Sec. 32-4f. Retaliating against a Judge by false claim, | ||||||
21 | slander of title, or malicious recording of fictitious liens. A | ||||||
22 | person who files or causes to be filed, in any public record or | ||||||
23 | in any private record that is generally available to the | ||||||
24 | public, any false lien or encumbrance against the real or | ||||||
25 | personal property of a Supreme, Appellate, Circuit, or |
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1 | Associate Judge of the State of Illinois with knowledge that | ||||||
2 | such lien or encumbrance is false or contains any materially | ||||||
3 | false, fictitious, or fraudulent statement or representation, | ||||||
4 | and with the intent of retaliating against that Judge for the | ||||||
5 | performance or non-performance of an official judicial duty, is | ||||||
6 | guilty of a violation of this Section. A person is guilty of a | ||||||
7 | Class A misdemeanor for a first offense and a Class 4 felony | ||||||
8 | for a second or subsequent offense. ".
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