94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2111

 

Introduced 2/25/2005, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/33-3   from Ch. 38, par. 33-3
720 ILCS 5/33-7 new

    Amends the Criminal Code of 1961. Increases the penalty for official misconduct committed by a public officer or employee from a Class 3 felony to a Class 2 felony. Creates the offense of public contractor misconduct. Defines the offense. Provides that a violation is a Class 2 felony.


LRB094 07698 RLC 40424 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2111 LRB094 07698 RLC 40424 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 33-3 and by adding Section 33-7 as follows:
 
6     (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)
7     Sec. 33-3. Official Misconduct.) A public officer or
8 employee commits misconduct when, in his official capacity, he
9 commits any of the following acts:
10     (a) Intentionally or recklessly fails to perform any
11 mandatory duty as required by law; or
12     (b) Knowingly performs an act which he knows he is
13 forbidden by law to perform; or
14     (c) With intent to obtain a personal advantage for himself
15 or another, he performs an act in excess of his lawful
16 authority; or
17     (d) Solicits or knowingly accepts for the performance of
18 any act a fee or reward which he knows is not authorized by
19 law.
20     A public officer or employee convicted of violating any
21 provision of this Section forfeits his office or employment. In
22 addition, he commits a Class 2 3 felony.
23 (Source: P.A. 82-790.)
 
24     (720 ILCS 5/33-7 new)
25     Sec. 33-7. Public contractor misconduct.
26     (a) A public contractor; a person seeking a public contract
27 on behalf of himself, herself, or another; an employee of a
28 public contractor; or a person seeking a public contract on
29 behalf of himself, herself, or another commits public
30 contractor misconduct when, in the performance of, or in
31 connection with, a contract with the State, a unit of local

 

 

SB2111 - 2 - LRB094 07698 RLC 40424 b

1 government, or a school district or in obtaining or seeking to
2 obtain such a contract he or she commits any of the following
3 acts:
4         (1) intentionally or recklessly fails to perform any
5     mandatory duty as required by statute or ordinance;
6         (2) knowingly performs an act that he or she knows he
7     or she is forbidden by law to perform;
8         (3) with intent to obtain a personal advantage for
9     himself, herself, or another, he or she performs an act in
10     excess of his or her lawful authority; or
11         (4) solicits or knowingly accepts for the performance
12     of any act a fee or reward that he or she knows is not
13     authorized by law.
14     (b) Sentence. Any person who violates this Section commits
15 a Class 2 felony.