Full Text of HB4879 95th General Assembly
HB4879sam002 95TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 5/27/2008
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LRB095 12804 RLC 51524 a |
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| AMENDMENT TO HOUSE BILL 4879
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| AMENDMENT NO. ______. Amend House Bill 4879, AS AMENDED, in | 3 |
| the introductory clause of Section 5, by inserting after | 4 |
| "11-20.3" the following: | 5 |
| "and by adding Sections 32-4e and 32-4f"; and
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| in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section | 7 |
| 5, by inserting after "pornography" the following: | 8 |
| " under paragraphs (1) through (7) of subsection (a) of this | 9 |
| Section "; and | 10 |
| in paragraph (1) of subsection (b) of Sec. 11-20.3 of Section | 11 |
| 5, by inserting after "prosecution under" the following: | 12 |
| " paragraphs (1) through (7) of subsection (a) of "; and | 13 |
| after the last line of paragraph (1) of subsection (b) of Sec. | 14 |
| 11-20.3 of Section 5, by inserting the following: | 15 |
| " (1.5) It shall be an affirmative defense to a charge of |
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| aggravated child pornography under paragraph (8) or (9) of | 2 |
| subsection (a) of this Section that the defendant reasonably | 3 |
| believed, under all of the circumstances, that the child was 18 | 4 |
| years of age or older or that the person was not a severely or | 5 |
| profoundly mentally retarded person but only where, prior to | 6 |
| the act or acts giving rise to a prosecution under paragraph | 7 |
| (8) or (9) of subsection (a) of this Section, he or she took | 8 |
| some affirmative action or made a bonafide inquiry designed to | 9 |
| ascertain whether the child was 18 years of age or older or | 10 |
| that the person was not a severely or profoundly mentally | 11 |
| retarded person and his reliance upon the information so | 12 |
| obtained was clearly reasonable. "; and | 13 |
| by inserting after the last line of Sec. 11-20.3 of Section 5 | 14 |
| the following: | 15 |
| "(720 ILCS 5/32-4e new) | 16 |
| Sec. 32-4e. Interfering with the duties of a judicial | 17 |
| officer. | 18 |
| (a) A person may not give or offer to give benefits, | 19 |
| promises, pecuniary compensation, or any other form of | 20 |
| compensation, either directly or indirectly, to a judicial | 21 |
| officer or a member of the judicial officer's immediate family | 22 |
| with the intent to: | 23 |
| (1) induce such judicial officer to do, or fail to do, | 24 |
| any act in violation of the lawful execution of his or her |
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| official duties; or | 2 |
| (2) induce such judicial officer to commit or aid in | 3 |
| the commission of any fraud, or to collude in, allow, or | 4 |
| make available the opportunity for the commission of any | 5 |
| fraud on the State of Illinois. | 6 |
| (b) A person may not give or offer to give benefits, | 7 |
| promises, pecuniary compensation, or any other form of | 8 |
| compensation, either directly or indirectly, to court | 9 |
| employees and staff with the intent to interfere with the | 10 |
| administration of the judicial process. | 11 |
| (c) Sentence. A person who violates this Section commits a | 12 |
| Class 2 felony. | 13 |
| (d) Definitions. For purposes of this Section: | 14 |
| "Judicial officer" means a justice, judge, associate | 15 |
| judge, or magistrate of a court of the United States of America | 16 |
| or the State of Illinois. | 17 |
| "Immediate family" means a judicial officer's spouse or | 18 |
| children. | 19 |
| (720 ILCS 5/32-4f new) | 20 |
| Sec. 32-4f. Retaliating against a Judge by false claim, | 21 |
| slander of title, or malicious recording of fictitious liens. A | 22 |
| person who files or causes to be filed, in any public record or | 23 |
| in any private record that is generally available to the | 24 |
| public, any false lien or encumbrance against the real or | 25 |
| personal property of a Supreme, Appellate, Circuit, or |
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| Associate Judge of the State of Illinois with knowledge that | 2 |
| such lien or encumbrance is false or contains any materially | 3 |
| false, fictitious, or fraudulent statement or representation, | 4 |
| and with the intent of retaliating against that Judge for the | 5 |
| performance or non-performance of an official judicial duty, is | 6 |
| guilty of a violation of this Section. A person is guilty of a | 7 |
| Class A misdemeanor for a first offense and a Class 4 felony | 8 |
| for a second or subsequent offense. ".
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