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Sen. William R. Haine
Filed: 5/5/2009
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09600HB0699sam002 |
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LRB096 04553 RLC 25671 a |
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| AMENDMENT TO HOUSE BILL 699
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| AMENDMENT NO. ______. Amend House Bill 699, AS AMENDED, in |
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| the introductory clause of Section 5, by replacing "Section |
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| 12-4.1" with "Sections 12-4.1 and 32-8"; and
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| by inserting after the last line of Sec. 12-4.1 of Section 5 |
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| the following:
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| "(720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
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| Sec. 32-8. Tampering with public records.
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| (a) A person who knowingly and without lawful authority |
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| alters, destroys,
defaces, removes or conceals any public |
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| record commits a Class 4 felony. |
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| (b) A public record, as so defined, expressly includes, but |
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| is not limited to, court records pertaining to any civil or |
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| criminal proceeding in any court. |
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| (c) A judge, circuit clerk or clerk of any court, an |
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| inspector general of any court, public official or employee, |
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LRB096 04553 RLC 25671 a |
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| court reporter, or any other person who knowingly and without |
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| lawful authority alters, destroys, defaces, removes, or |
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| conceals any public record received or held by any judge or by |
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| a clerk of any court commits a Class 3 felony. |
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| (d) Any person convicted under subsection (c) shall forfeit |
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| his or her elected office or public employment, if any, |
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| together with his or her entitlement to any and all public |
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| pensions or other benefits payable by the State of Illinois or |
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| by any public entity created or organized under the laws of the |
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| State of Illinois, if any. |
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| (e) Any party having an interest in the protection and |
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| integrity of any court record, whether such party be a public |
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| official or a private individual, shall have the right to |
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| request and, if necessary, to demand an investigation be opened |
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| into the destruction, defacement, removal, or concealment of |
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| any public record. Such request may be made to any law |
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| enforcement agency, including, but not limited to, local law |
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| enforcement and the State Police. |
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| (f) When the local law enforcement agency having |
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| jurisdiction declines to investigate, or inadequately |
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| investigates, a violation of subsection (c), the State Police |
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| shall have the authority to investigate, and shall investigate, |
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| the same, without regard to whether such local law enforcement |
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| agency has requested the State Police to do so. |
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| (g) When the State's Attorney having jurisdiction declines |
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| to prosecute a violation of subsection (c), the Attorney |
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LRB096 04553 RLC 25671 a |
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| General shall have the authority to prosecute the same, without |
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| regard to whether such State's Attorney has requested the |
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| Attorney General to do so. |
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| (h) Prosecution of a violation of subsection (c) shall be |
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| commenced within 3 years after the act constituting the |
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| violation is discovered or reasonably should have been |
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| discovered.
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| (Source: P.A. 77-2638.)".
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