97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6195
 
Introduced , by Rep. Richard Morthland
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/33-3  from Ch. 38, par. 33-3

     Amends the Criminal Code of 1961 concerning official misconduct.  Provides that a person who commits the offense with intent to obtain a personal advantage for himself, herself, or another and performs an act in excess of his or her lawful authority, if the personal advantage obtained for himself, herself,  or another is property or has a specified monetary value, is guilty of a: (1) Class 2 felony if the value of the personal advantage obtained does not exceed $10,000; (2) Class 1 felony if the value of the personal advantage obtained exceeds $10,000 but does not exceed $100,000; and (3) Class X felony if the value of the personal advantage obtained exceeds $100,000.
  


LRB097 21373 RLC 69294 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB6195LRB097 21373 RLC 69294 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 1961 is amended  by changing 
5Section 33-3 as follows:
 



6    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)



7    Sec. 33-3. Official
misconduct. Misconduct.)   
8    (a) A public officer or employee or special government 
9agent commits official misconduct
when, in his or her official 
10capacity or capacity as a special government agent, he or she 
11commits any of the following acts:

12        (1) intentionally (a) Intentionally or recklessly 
13    fails to perform any mandatory duty as
required by law; or

14        (2) knowingly (b) Knowingly performs an act which he or 
15    she knows he or she is forbidden by law to
perform; or

16        (3) with (c) With intent to obtain a personal advantage 
17    for himself, herself, or another,
he or she performs an act 
18    in excess of his or her lawful authority; or

19        (4) solicits (d) Solicits or knowingly accepts for the 
20    performance of any act a fee
or reward which he or she 
21    knows is not authorized by law.

22    (b) A public officer or employee or special government 
23agent
convicted of violating any provision of
this Section 
 
 
HB6195- 2 -LRB097 21373 RLC 69294 b

1forfeits his or her office or employment or position as a 
2special government agent.
3    (c)  In addition to the forfeiture of office provided in 
4subsection (b):
5        (1) A person who commits a violation of paragraph (1), 
6    (2), or (4) of subsection (a) is guilty of ,   he commits a

7    Class
3 felony.
8        (2) A person who commits a violation of paragraph (3) 
9    of subsection (a), if the personal advantage obtained for 
10    himself, herself, or another has no specified monetary 
11    value, is guilty of a Class 3 felony. 
12        (3)  A person who commits a violation of paragraph (3) 
13    of subsection (a), if the personal advantage obtained for 
14    himself, herself, or another is property or has a specified 
15    monetary value, is guilty of a:
16            (A) Class 2 felony if the value of the personal 
17        advantage obtained does not exceed $10,000.
18            (B)  Class 1 felony if the value of the personal 
19        advantage obtained exceeds $10,000 but does not exceed 
20        $100,000.
21            (C) Class X felony if the value of the personal 
22        advantage obtained exceeds $100,000. 
23    (d) For purposes of this Section, "special government 
24agent" has the meaning ascribed to it in subsection (l) of 
25Section 4A-101 of the Illinois Governmental Ethics Act.


26(Source: P.A. 94-338, eff. 1-1-06.)