99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1482
 
Introduced , by Rep. La Shawn K. Ford
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Criminal Code of 2012 concerning official misconduct. Increases the penalty for official misconduct from a Class 3 felony to a Class 2 felony. Provides that a prosecutor commits official misconduct when he or she, in the prosecution of a criminal case, knowingly fails to make timely disclosure to the accused of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, fails to disclose to the accused and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.



LRB099 05799 RLC 25843 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB1482LRB099 05799 RLC 25843 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) Intentionally or recklessly fails to perform any 
13 mandatory duty as
required by law; or

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

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

22 (b) An employee of a law enforcement agency commits 
23misconduct when he or she knowingly uses or communicates, 
 
 
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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 (b-5) A prosecutor commits misconduct when he or she, in 
9the prosecution of a criminal case, knowingly fails to make 
10timely disclosure to the accused of all evidence or information 
11known to the prosecutor that tends to negate the guilt of the 
12accused or mitigates the offense, and, in connection with 
13sentencing, fails to disclose to the accused and to the 
14tribunal all unprivileged mitigating information known to the 
15prosecutor, except when the prosecutor is relieved of this 
16responsibility by a protective order of the tribunal. 
17 (c) A public officer or employee or special government 
18agent
convicted of violating any provision of
this Section 
19forfeits his or her office or employment or position as a 
20special government agent. In addition, he or she commits a

21Class
2 3 felony.
22 (d) For purposes of this Section, "special government 
23agent" has the meaning ascribed to it in subsection (l) of 
24Section 4A-101 of the Illinois Governmental Ethics Act.


25(Source: P.A. 98-867, eff. 1-1-15.)