SB2695 EngrossedLRB098 17529 RLC 52638 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
 
4    Section 5. The Criminal Code of 2012 is amended  by changing 
5Section 33-3 as follows:
 



6    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)



7    Sec. 33-3. Official
 Misconduct.)  
8    (a) A public officer or employee or special government 
9agent commits misconduct
when, in his official capacity or 
10capacity as a special government agent, he or she commits any 
11of the following acts:

12        (1) (a) Intentionally or recklessly fails to perform 
13    any mandatory duty as
required by law; or

14        (2) (b) Knowingly performs an act which he knows he is 
15    forbidden by law to
perform; or

16        (3) (c) With intent to obtain a personal advantage for 
17    himself or another,
he performs an act in excess of his 
18    lawful authority; or

19        (4) (d) Solicits or knowingly accepts for the 
20    performance of any act a fee
or reward which he knows is 
21    not authorized by law.

22    (b)  An employee of a law enforcement agency commits 
23misconduct when he or she knowingly uses or communicates, 
 
 
SB2695 Engrossed- 2 -LRB098 17529 RLC 52638 b

1directly or indirectly, information acquired in the course of 
2employment, with the intent to  obstruct, impede, or prevent the 
3investigation, apprehension, or prosecution of any criminal 
4offense or person.  Nothing in this subsection (b) shall be 
5construed to impose liability for communicating to a 
6confidential resource, who is participating or aiding law 
7enforcement, in an ongoing investigation. 
8    (c) A public officer or employee or special government 
9agent
convicted of violating any provision of
this Section 
10forfeits his or her office or employment or position as a 
11special government agent.  In addition, he or she commits a

12Class
3 felony.
13    (d) For purposes of this Section, "special government 
14agent" has the meaning ascribed to it in subsection (l) of 
15Section 4A-101 of the Illinois Governmental Ethics Act.


16(Source: P.A. 94-338, eff. 1-1-06.)