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90_SB1260
720 ILCS 5/2-17 from Ch. 38, par. 2-17
720 ILCS 5/33-3 from Ch. 38, par. 33-3
Amends the Criminal Code of 1961. Includes in the
definition of "public employee", an employee of a public
school district. Provides that for the purposes of the
official misconduct statute, acts committed by a public
officer or employee in his or her official capacity include
acts within the scope of employment as well as acts that are
facilitated because of a public officer or employee's
position or status.
LRB9007937RCksB
LRB9007937RCksB
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 2-17 and 33-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 2-17 and 33-3 as follows:
7 (720 ILCS 5/2-17) (from Ch. 38, par. 2-17)
8 Sec. 2-17. "Public employee".
9 "Public employee" means a person, other than a public
10 officer, who is authorized to perform any official function
11 on behalf of, and is paid by, the State or any of its
12 political subdivisions, including an employee of a public
13 school district.
14 (Source: Laws 1961, p. 1983.)
15 (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
16 Sec. 33-3. Official Misconduct.) A public officer or
17 employee commits misconduct when, in his official capacity,
18 he commits any of the following acts:
19 (a) Intentionally or recklessly fails to perform any
20 mandatory duty as required by law; or
21 (b) Knowingly performs an act which he knows he is
22 forbidden by law to perform; or
23 (c) With intent to obtain a personal advantage for
24 himself or another, he performs an act in excess of his
25 lawful authority; or
26 (d) Solicits or knowingly accepts for the performance of
27 any act a fee or reward which he knows is not authorized by
28 law.
29 For the purposes of this Section, acts committed by a
30 public officer or employee in his or her official capacity
-2- LRB9007937RCksB
1 include acts within the scope of employment as well as acts
2 that are facilitated because of a public officer or
3 employee's position or status.
4 A public officer or employee convicted of violating any
5 provision of this Section forfeits his office or employment.
6 In addition, he commits a Class 3 felony.
7 (Source: P.A. 82-790.)