Sen. William R. Haine

Filed: 5/5/2009

 

 


 

 


 
09600HB0699sam002 LRB096 04553 RLC 25671 a

1
AMENDMENT TO HOUSE BILL 699

2     AMENDMENT NO. ______. Amend House Bill 699, AS AMENDED, in
3 the introductory clause of Section 5, by replacing "Section
4 12-4.1" with "Sections 12-4.1 and 32-8"; and
 
5 by inserting after the last line of Sec. 12-4.1 of Section 5
6 the following:
 
7     "(720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
8     Sec. 32-8. Tampering with public records.
9     (a) A person who knowingly and without lawful authority
10 alters, destroys, defaces, removes or conceals any public
11 record commits a Class 4 felony.
12     (b) A public record, as so defined, expressly includes, but
13 is not limited to, court records pertaining to any civil or
14 criminal proceeding in any court.
15     (c) A judge, circuit clerk or clerk of any court, an
16 inspector general of any court, public official or employee,

 

 

09600HB0699sam002 - 2 - LRB096 04553 RLC 25671 a

1 court reporter, or any other person who knowingly and without
2 lawful authority alters, destroys, defaces, removes, or
3 conceals any public record received or held by any judge or by
4 a clerk of any court commits a Class 3 felony.
5     (d) Any person convicted under subsection (c) shall forfeit
6 his or her elected office or public employment, if any,
7 together with his or her entitlement to any and all public
8 pensions or other benefits payable by the State of Illinois or
9 by any public entity created or organized under the laws of the
10 State of Illinois, if any.
11     (e) Any party having an interest in the protection and
12 integrity of any court record, whether such party be a public
13 official or a private individual, shall have the right to
14 request and, if necessary, to demand an investigation be opened
15 into the destruction, defacement, removal, or concealment of
16 any public record. Such request may be made to any law
17 enforcement agency, including, but not limited to, local law
18 enforcement and the State Police.
19     (f) When the local law enforcement agency having
20 jurisdiction declines to investigate, or inadequately
21 investigates, a violation of subsection (c), the State Police
22 shall have the authority to investigate, and shall investigate,
23 the same, without regard to whether such local law enforcement
24 agency has requested the State Police to do so.
25     (g) When the State's Attorney having jurisdiction declines
26 to prosecute a violation of subsection (c), the Attorney

 

 

09600HB0699sam002 - 3 - LRB096 04553 RLC 25671 a

1 General shall have the authority to prosecute the same, without
2 regard to whether such State's Attorney has requested the
3 Attorney General to do so.
4     (h) Prosecution of a violation of subsection (c) shall be
5 commenced within 3 years after the act constituting the
6 violation is discovered or reasonably should have been
7 discovered.
8 (Source: P.A. 77-2638.)".