SB0741 95TH GENERAL ASSEMBLY

LRB095 05351 RLC 26986 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0741

Introduced 2/8/2007, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33-3.1

Amends the Criminal Code of 1961. Provides that a special government agent commits solicitation misconduct (State government) when, at any time, he or she knowingly solicits or receives contributions, as defined in the Election Code, on behalf of an executive branch constitutional officer or a political committee for such executive branch constitutional officer who has directed, retained, designated, or employed the special government agent to make ex parte communications. Provides that a violation is a Class A misdemeanor. Effective July 1, 2007.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 33-3.1 as follows:

(720 ILCS 5/33-3.1)

Sec. 33-3.1. Solicitation misconduct (State government).

(a) An employee of an executive branch constitutional officer commits solicitation misconduct (State government) when, at any time, he or she knowingly solicits or receives contributions, as that term is defined in Section 9-1.4 of the Election Code, from a person engaged in a business or activity over which the person has regulatory authority.

(a-5) A special government agent commits solicitation misconduct (State government) when, at any time, he or she knowingly solicits or receives contributions, as that term is defined in Section 9-1.4 of the Election Code, on behalf of an executive branch constitutional officer or a political committee for such executive branch constitutional officer who has directed, retained, designated, or employed the special government agent to make ex parte communications.

(b) For the purpose of this Section:

(1) "Employee , "employee of an executive branch constitutional officer" means a full-time or part-time salaried employee, full-time or part-time salaried appointee, or any contractual employee of any office, board, commission, agency, department, authority, administrative unit, or corporate outgrowth under the jurisdiction of an executive branch constitutional officer; and "regulatory authority" means having the responsibility to investigate, inspect, license, or enforce regulatory measures necessary to the requirements of any State or federal statute or regulation relating to the business or activity.

(2) "Ex parte communication" has the meaning ascribed to it in Section 5-50 of the State Officials and Employees Ethics Act.

(3) "Special government agent" has the meaning ascribed to it in paragraph (l) of Section 4A-101 of the Illinois Governmental Ethics Act.

(c) An employee of an executive branch constitutional officer, including one who does not have regulatory authority, commits a violation of this Section if that employee knowingly acts in concert with an employee of an executive branch constitutional officer who does have regulatory authority to solicit or receive contributions in violation of this Section.

(d) Solicitation misconduct (State government) is a Class A misdemeanor. An employee of an executive branch constitutional officer convicted of committing solicitation misconduct (State government) forfeits his or her employment.

(e) An employee of an executive branch constitutional officer who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee or on behalf of the employee or others in furtherance of the enforcement of this Section shall be entitled to all relief necessary to make the employee whole.

(f) Any person who knowingly makes a false report of solicitation misconduct (State government) to the State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor.

(Source: P.A. 92-853, eff. 8-28-02.)

Section 99. Effective date. This Act takes effect July 1, 2007.