Sen. David Koehler
Filed: 2/25/2014
 
 

 

 

 
09800SB2695sam002LRB098 17529 RLC 56093 a



1
AMENDMENT TO SENATE BILL 2695 




2    AMENDMENT NO. ______. Amend Senate Bill 2695, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:

 
 
5    "Section 5. The Criminal Code of 2012 is amended  by 
6changing Section 33-3 as follows:
 



7    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)



8    Sec. 33-3. Official
 Misconduct.)  
9    (a) A public officer or employee or special government 
10agent commits misconduct
when, in his official capacity or 
11capacity as a special government agent, he or she commits any 
12of the following acts:

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

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

 
 
09800SB2695sam002- 2 -LRB098 17529 RLC 56093 a

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

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

7    (b)  An employee of a law enforcement agency commits 
8misconduct when he or she knowingly uses or communicates, 
9directly or indirectly, information acquired in the course of 
10employment, with the intent to  obstruct, impede, or prevent the 
11investigation, apprehension, or prosecution of any criminal 
12offense or person.  Nothing in this subsection (b) shall be 
13construed to impose liability for communicating to a 
14confidential resource, who is participating or aiding law 
15enforcement, in an ongoing investigation. 
16    (c) A public officer or employee or special government 
17agent
convicted of violating any provision of
this Section 
18forfeits his or her office or employment or position as a 
19special government agent.  In addition, he or she commits a

20Class
3 felony.
21    (d) For purposes of this Section, "special government 
22agent" has the meaning ascribed to it in subsection (l) of 
23Section 4A-101 of the Illinois Governmental Ethics Act.


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