There Is a Newer Version of the Illinois Compiled Statutes
  1. 2025 Illinois Comp. Stat.
  2. 2024 Illinois Comp. Stat.
  3. 2023 Illinois Comp. Stat.
  4. 2005 Illinois Comp. Stat. (here)
  5. View All Versions
View Our Newest Version Here

2005 Illinois 720 ILCS 5/      Criminal Code of 1961. Part F - Certain Aggravated Offenses


      (720 ILCS 5/Tit. III Pt. F heading)
PART F. CERTAIN AGGRAVATED OFFENSES

      (720 ILCS 5/Art. 33A heading)
ARTICLE 33A. ARMED VIOLENCE

    (720 ILCS 5/33A‑1) (from Ch. 38, par. 33A‑1)
    Sec. 33A‑1. Legislative intent and definitions.
    (a) Legislative findings. The legislature finds and declares the following:
        (1) The use of a dangerous weapon in the commission
    
of a felony offense poses a much greater threat to the public health, safety, and general welfare, than when a weapon is not used in the commission of the offense.
        (2) Further, the use of a firearm greatly
    
facilitates the commission of a criminal offense because of the more lethal nature of a firearm and the greater perceived threat produced in those confronted by a person wielding a firearm. Unlike other dangerous weapons such as knives and clubs, the use of a firearm in the commission of a criminal felony offense significantly escalates the threat and the potential for bodily harm, and the greater range of the firearm increases the potential for harm to more persons. Not only are the victims and bystanders at greater risk when a firearm is used, but also the law enforcement officers whose duty is to confront and apprehend the armed suspect.
        (3) Current law does contain offenses involving the
    
use or discharge of a gun toward or against a person, such as aggravated battery with a firearm, aggravated discharge of a firearm, and reckless discharge of a firearm; however, the General Assembly has legislated greater penalties for the commission of a felony while in possession of a firearm because it deems such acts as more serious.
    (b) Legislative intent.
        (1) In order to deter the use of firearms in the
    
commission of a felony offense, the General Assembly deems it appropriate for a greater penalty to be imposed when a firearm is used or discharged in the commission of an offense than the penalty imposed for using other types of weapons and for the penalty to increase on more serious offenses.
        (2) With the additional elements of the discharge of
    
a firearm and great bodily harm inflicted by a firearm being added to armed violence and other serious felony offenses, it is the intent of the General Assembly to punish those elements more severely during commission of a felony offense than when those elements stand alone as the act of the offender.
        (3) It is the intent of the 91st General Assembly
    
that should Public Act 88‑680 be declared unconstitutional for a violation of Article 4, Section 8 of the 1970 Constitution of the State of Illinois, the amendatory changes made by Public Act 88‑680 to Article 33A of the Criminal Code of 1961 and which are set forth as law in this amendatory Act of the 91st General Assembly are hereby reenacted by this amendatory Act of the 91st General Assembly.
    (c) Definitions.
        (1) "Armed with a dangerous weapon". A person is
    
considered armed with a dangerous weapon for purposes of this Article, when he or she carries on or about his or her person or is otherwise armed with a Category I, Category II, or Category III weapon.
        (2) A Category I weapon is a handgun, sawed‑off
    
shotgun, sawed‑off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, or machine gun. A Category II weapon is any other rifle, shotgun, spring gun, other firearm, stun gun or taser as defined in paragraph (a) of Section 24‑1 of this Code, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character. As used in this subsection (b) "semiautomatic firearm" means a repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge.
        (3) A Category III weapon is a bludgeon, black‑jack,
    
slungshot, sand‑bag, sand‑club, metal knuckles, billy, or other dangerous weapon of like character.
(Source: P.A. 91‑404, eff. 1‑1‑00; 91‑696, eff. 4‑13‑00.)

    (720 ILCS 5/33A‑2) (from Ch. 38, par. 33A‑2)
    Sec. 33A‑2. Armed violence‑Elements of the offense.
    (a) A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois Law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnaping, aggravated battery of a child, home invasion, armed robbery, or aggravated vehicular hijacking.
    (b) A person commits armed violence when he or she personally discharges a firearm that is a Category I or Category II weapon while committing any felony defined by Illinois law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnaping, aggravated battery of a child, home invasion, armed robbery, or aggravated vehicular hijacking.
    (c) A person commits armed violence when he or she personally discharges a firearm that is a Category I or Category II weapon that proximately causes great bodily harm, permanent disability, or permanent disfigurement or death to another person while committing any felony defined by Illinois law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnaping, aggravated battery of a child, home invasion, armed robbery, or aggravated vehicular hijacking.
    (d) This Section does not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code.
(Source: P.A. 91‑404, eff. 1‑1‑00.)

    (720 ILCS 5/33A‑3)(from Ch. 38, par. 33A‑3)
    Sec. 33A‑3. Sentence.
    (a) Violation of Section 33A‑2(a) with a Category I weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 15 years.
    (a‑5) Violation of Section 33A‑2(a) with a Category II weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 10 years.
    (b) Violation of Section 33A‑2(a) with a Category III weapon is a Class 2 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty. A second or subsequent violation of Section 33A‑2(a) with a Category III weapon is a Class 1 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty.
    (b‑5) Violation of Section 33A‑2(b) with a firearm that is a Category I or Category II weapon is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 20 years.
    (b‑10) Violation of Section 33A‑2(c) with a firearm that is a Category I or Category II weapon is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of not less than 25 years nor more than 40 years.
    (c) Unless sentencing under Section 33B‑1 is applicable, any person who violates subsection (a) or (b) of Section 33A‑2 with a firearm, when that person has been convicted in any state or federal court of 3 or more of the following offenses: treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, arson, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement, a violation of the Methamphetamine Control and Community Protection Act, or a violation of Section 401(a) of the Illinois Controlled Substances Act, when the third offense was committed after conviction on the second, the second offense was committed after conviction on the first, and the violation of Section 33A‑2 was committed after conviction on the third, shall be sentenced to a term of imprisonment of not less than 25 years nor more than 50 years.
    (c‑5) Except as otherwise provided in paragraph (b‑10) or (c) of this Section, a person who violates Section 33A‑2(a) with a firearm that is a Category I weapon or Section 33A‑2(b) in any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on the real property comprising any school or public park, and where the offense was related to the activities of an organized gang, shall be sentenced to a term of imprisonment of not less than the term set forth in subsection (a) or (b‑5) of this Section, whichever is applicable, and not more than 30 years. For the purposes of this subsection (c‑5), "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    (d) For armed violence based upon a predicate offense listed in this subsection (d) the court shall enter the sentence for armed violence to run consecutively to the sentence imposed for the predicate offense. The offenses covered by this provision are:
        (i) solicitation of murder,
        (ii) solicitation of murder for hire,
        (iii) heinous battery,
        (iv) aggravated battery of a senior citizen,
        (v) criminal sexual assault,
        (vi) a violation of subsection (g) of Section 5 of
    
the Cannabis Control Act,
        (vii) cannabis trafficking,
        (viii) a violation of subsection (a) of Section 401
    
of the Illinois Controlled Substances Act,
        (ix) controlled substance trafficking involving a
    
Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act,
        (x) calculated criminal drug conspiracy,
        (xi) streetgang criminal drug conspiracy, or
        (xii) a violation of the Methamphetamine Control and
    
Community Protection Act.
(Source: P.A. 94‑556, eff. 9‑11‑05.)

      (720 ILCS 5/Art. 33B heading)
ARTICLE 33B.
MANDATORY LIFE SENTENCE
A THIRD OR SUBSEQUENT FORCIBLE OFFENSE

    (720 ILCS 5/33B‑1) (from Ch. 38, par. 33B‑1)
    Sec. 33B‑1. (a) Every person who has been twice convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, and is thereafter convicted of a Class X felony, criminal sexual assault or first degree murder, committed after the 2 prior convictions, shall be adjudged an habitual criminal.
    (b) The 2 prior convictions need not have been for the same offense.
    (c) Any convictions which result from or are connected with the same transaction, or result from offenses committed at the same time, shall be counted for the purposes of this Section as one conviction.
    (d) This Article shall not apply unless each of the following requirements are satisfied:
        (1) the third offense was committed after the
    
effective date of this Act;
        (2) the third offense was committed within 20 years
    
of the date that judgment was entered on the first conviction, provided, however, that time spent in custody shall not be counted;
        (3) the third offense was committed after conviction
    
on the second offense;
        (4) the second offense was committed after
    
conviction on the first offense.
    (e) Except when the death penalty is imposed, anyone adjudged an habitual criminal shall be sentenced to life imprisonment.
(Source: P.A. 88‑677, eff. 12‑15‑94.)

    (720 ILCS 5/33B‑2) (from Ch. 38, par. 33B‑2)
    Sec. 33B‑2. (a) A prior conviction shall not be alleged in the indictment, and no evidence or other disclosure of such conviction shall be presented to the court or the jury during the trial of an offense set forth in Section 33B‑1 unless otherwise permitted by the issues properly raised in such trial. After a plea or verdict or finding of guilty and before sentence is imposed, the prosecutor may file with the court a verified written statement signed by the State's Attorney concerning any former conviction of an offense set forth in Section 33B‑1 rendered against the defendant. The court shall then cause the defendant to be brought before it; shall inform him of the allegations of the statement so filed, and of his right to a hearing before the court on the issue of such former conviction and of his right to counsel at such hearing; and unless the defendant admits such conviction, the court shall hear and determine such issue, and shall make a written finding thereon. If a sentence has previously been imposed, the court may vacate such sentence and impose a new sentence in accordance with Section 33B‑1 of this Act.
    (b) A duly authenticated copy of the record of any alleged former conviction of an offense set forth in Section 33B‑1 shall be prima facie evidence of such former conviction; and a duly authenticated copy of the record of the defendant's final release or discharge from probation granted, or from sentence and parole supervision (if any) imposed pursuant to such former conviction, shall be prima facie evidence of such release or discharge.
    (c) Any claim that a previous conviction offered by the prosecution is not a former conviction of an offense set forth in Section 33B‑1 because of the existence of any exceptions described in this Act, is waived unless duly raised at the hearing on such conviction, or unless the prosecution's proof shows the existence of such exceptions described in this Act.
(Source: P.A. 80‑1099.)

    (720 ILCS 5/33B‑3) (from Ch. 38, par. 33B‑3)
    Sec. 33B‑3. If the person so convicted shall show to the satisfaction of the court before whom such conviction was had that he was released from imprisonment, upon either of the sentences upon a pardon granted for the reason that he was innocent, such conviction and sentence shall not be considered under Section 33B‑1.
(Source: P.A. 80‑1099.)

      (720 ILCS 5/Art. 33C heading)
ARTICLE 33C. DECEPTION
RELATING TO CERTIFICATION
OF DISADVANTAGED BUSINESS ENTERPRISES

    (720 ILCS 5/33C‑1) (from Ch. 38, par. 33C‑1)
    Sec. 33C‑1. Fraudulently obtaining or retaining certification. A person who, in the course of business, fraudulently obtains or retains certification as a minority owned business or female owned business commits a Class 2 felony.
(Source: P.A. 84‑192.)

    (720 ILCS 5/33C‑2) (from Ch. 38, par. 33C‑2)
    Sec. 33C‑2. Willfully making a false statement. A person who, in the course of business, willfully makes a false statement whether by affidavit, report or other representation, to an official or employee of a State agency or the Minority and Female Business Enterprise Council for the purpose of influencing the certification or denial of certification of any business entity as a minority owned business or female owned business commits a Class 2 felony.
(Source: P.A. 84‑192.)

    (720 ILCS 5/33C‑3) (from Ch. 38, par. 33C‑3)
    Sec. 33C‑3. Willfully obstructing or impeding an official or employee of any agency in his investigation. Any person who, in the course of business, willfully obstructs or impedes an official or employee of any State agency or the Minority and Female Business Enterprise Council who is investigating the qualifications of a business entity which has requested certification as a minority owned business or a female owned business commits a Class 2 felony.
(Source: P.A. 84‑192.)

    (720 ILCS 5/33C‑4) (from Ch. 38, par. 33C‑4)
    Sec. 33C‑4. Fraudulently obtaining public moneys reserved for disadvantaged business enterprises. Any person who, in the course of business, fraudulently obtains public moneys reserved for, or allocated or available to minority owned businesses or female owned businesses commits a Class 2 felony.
(Source: P.A. 84‑192.)

    (720 ILCS 5/33C‑5) (from Ch. 38, par. 33C‑5)
    Sec. 33C‑5. Definitions. As used in this Article, "minority owned business", "female owned business", "State agency" and "certification" shall have the meanings ascribed to them in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.
(Source: P.A. 92‑16, eff. 6‑28‑01.)

      (720 ILCS 5/Art. 33D heading)
ARTICLE 33D.
CONTRIBUTING TO THE
CRIMINAL DELINQUENCY
OF A JUVENILE

    (720 ILCS 5/33D‑1) (from Ch. 38, par. 33D‑1)
    Sec. 33D‑1. (a) Contributing to the criminal delinquency of a juvenile. Any person of the age of 21 years and upwards, who with the intent to promote or facilitate the commission of an offense that is either a felony or misdemeanor, solicits, compels or directs any person under the age of 17 years in the commission of the offense commits the offense of contributing to the criminal delinquency of a juvenile.
    (b) Sentence. Contributing to the criminal delinquency of a juvenile is a felony one grade higher than the offense committed, if the offense committed is a felony, except when the offense committed is first degree murder or a Class X felony. When the offense committed is first degree murder or a Class X felony, the penalty for contributing to the criminal delinquency of a juvenile is the same as the penalty for first degree murder or a Class X felony, respectively. Contributing to the criminal delinquency of a juvenile is a misdemeanor one grade higher than the offense committed, if the offense committed is a misdemeanor, except when the offense committed is a Class A misdemeanor. If the offense committed is a Class A misdemeanor, the penalty for contributing to the criminal delinquency of a juvenile is a Class 4 felony.
(Source: P.A. 91‑337, eff. 1‑1‑00.)

      (720 ILCS 5/Art. 33E heading)
ARTICLE 33E. PUBLIC CONTRACTS

    (720 ILCS 5/33E‑1) (from Ch. 38, par. 33E‑1)
    Sec. 33E‑1. Interference with public contracting. It is the finding of the General Assembly that the cost to the public is increased and the quality of goods, services and construction paid for by public monies is decreased when contracts for such goods, services or construction are obtained by any means other than through independent noncollusive submission of bids or offers by individual contractors or suppliers, and the evaluation of those bids or offers by the governmental unit pursuant only to criteria publicly announced in advance.
(Source: P.A. 85‑1295.)

    (720 ILCS 5/33E‑2) (from Ch. 38, par. 33E‑2)
    Sec. 33E‑2. Definitions. In this Act:
    (a) "Public contract" means any contract for goods, services or construction let to any person with or without bid by any unit of State or local government.
    (b) "Unit of State or local government" means the State, any unit of state government or agency thereof, any county or municipal government or committee or agency thereof, or any other entity which is funded by or expends tax dollars or the proceeds of publicly guaranteed bonds.
    (c) "Change order" means a change in a contract term other than as specifically provided for in the contract which authorizes or necessitates any increase or decrease in the cost of the contract or the time to completion.
    (d) "Person" means any individual, firm, partnership, corporation, joint venture or other entity, but does not include a unit of State or local government.
    (e) "Person employed by any unit of State or local government" means any employee of a unit of State or local government and any person defined in subsection (d) who is authorized by such unit of State or local government to act on its behalf in relation to any public contract.
    (f) "Sheltered market" has the meaning ascribed to it in Section 8b of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.
    (g) "Kickback" means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
    (h) "Prime contractor" means any person who has entered into a public contract.
    (i) "Prime contractor employee" means any officer, partner, employee, or agent of a prime contractor.
    (i‑5) "Stringing" means knowingly structuring a contract or job order to avoid the contract or job order being subject to competitive bidding requirements.
    (j) "Subcontract" means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining goods or services of any kind under a prime contract.
    (k) "Subcontractor" (1) means any person, other than the prime contractor, who offers to furnish or furnishes any goods or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and (2) includes any person who offers to furnish or furnishes goods or services to the prime contractor or a higher tier subcontractor.
    (l) "Subcontractor employee" means any officer, partner, employee, or agent of a subcontractor.
(Source: P.A. 92‑16, eff. 6‑28‑01.)

    (720 ILCS 5/33E‑3) (from Ch. 38, par. 33E‑3)
    Sec. 33E‑3. Bid‑rigging. A person commits the offense of bid‑rigging when he knowingly agrees with any person who is, or but for such agreement would be, a competitor of such person concerning any bid submitted or not submitted by such person or another to a unit of State or local government when with the intent that the bid submitted or not submitted will result in the award of a contract to such person or another and he either (1) provides such person or receives from another information concerning the price or other material term or terms of the bid which would otherwise not be disclosed to a competitor in an independent noncollusive submission of bids or (2) submits a bid that is of such a price or other material term or terms that he does not intend the bid to be accepted.
    Bid‑rigging is a Class 3 felony. Any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be barred for 5 years from the date of conviction from contracting with any unit of State or local government. No corporation shall be barred from contracting with any unit of State or local government as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) it has been finally adjudicated not guilty or (2) if it demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5‑4 of this Code.
(Source: P.A. 86‑150.)

    (720 ILCS 5/33E‑4) (from Ch. 38, par. 33E‑4)
    Sec. 33E‑4. Bid rotating. A person commits the offense of bid rotating when, pursuant to any collusive scheme or agreement with another, he engages in a pattern over time (which, for the purposes of this Section, shall include at least 3 contract bids within a period of 10 years, the most recent of which occurs after the effective date of this amendatory Act of 1988) of submitting sealed bids to units of State or local government with the intent that the award of such bids rotates, or is distributed among, persons or business entities which submit bids on a substantial number of the same contracts. Bid rotating is a Class 2 felony. Any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be permanently barred from contracting with any unit of State or local government. No corporation shall be barred from contracting with any unit of State or local government as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) it has been finally adjudicated not guilty or (2) if it demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5‑4 of this Code.
(Source: P.A. 86‑150.)

    (720 ILCS 5/33E‑5) (from Ch. 38, par. 33E‑5)
    Sec. 33E‑5. Acquisition or disclosure of bidding information by public official. (a) Any person who is an official of or employed by any unit of State or local government who knowingly opens a sealed bid at a time or place other than as specified in the invitation to bid or as otherwise designated by the State or unit of local government, or outside the presence of witnesses required by the applicable statute or ordinance, commits a Class 4 felony.
    (b) Any person who is an official of or employed by any unit of State or local government who knowingly discloses to any interested person any information related to the terms of a sealed bid whether that information is acquired through a violation of subsection (a) or by any other means except as provided by law or necessary to the performance of such official's or employee's responsibilities relating to the bid, commits a Class 3 felony.
    (c) It shall not constitute a violation of subsection (b) of this Section for any person who is an official of or employed by any unit of State or local government to make any disclosure to any interested person where such disclosure is also made generally available to the public.
    (d) This Section only applies to contracts let by sealed bid.
(Source: P.A. 86‑150.)

    (720 ILCS 5/33E‑6) (from Ch. 38, par. 33E‑6)
    Sec. 33E‑6. Interference with contract submission and award by public official. (a) Any person who is an official of or employed by any unit of State or local government who knowingly conveys, either directly or indirectly, outside of the publicly available official invitation to bid, pre‑bid conference, solicitation for contracts procedure or such procedure used in any sheltered market procurement adopted pursuant to law or ordinance by that unit of government, to any person any information concerning the specifications for such contract or the identity of any particular potential subcontractors, when inclusion of such information concerning the specifications or contractors in the bid or offer would influence the likelihood of acceptance of such bid or offer, commits a Class 4 felony. It shall not constitute a violation of this subsection to convey information intended to clarify plans or specifications regarding a public contract where such disclosure of information is also made generally available to the public.
    (b) Any person who is an official of or employed by any unit of State or local government who, either directly or indirectly, knowingly informs a bidder or offeror that the bid or offer will be accepted or executed only if specified individuals are included as subcontractors commits a Class 3 felony.
    (c) It shall not constitute a violation of subsection (a) of this Section where any person who is an official of or employed by any unit of State or local government follows procedures established by federal, State or local minority or female owned business enterprise programs.
    (d) Any bidder or offeror who is the recipient of communications from the unit of government which he reasonably believes to be proscribed by subsections (a) or (b), and fails to inform either the Attorney General or the State's Attorney for the county in which the unit of government is located, commits a Class A misdemeanor.
    (e) Any public official who knowingly awards a contract based on criteria which were not publicly disseminated via the invitation to bid, when such invitation to bid is required by law or ordinance, the pre‑bid conference, or any solicitation for contracts procedure or such procedure used in any sheltered market procurement procedure adopted pursuant to statute or ordinance, commits a Class 3 felony.
    (f) It shall not constitute a violation of subsection (a) for any person who is an official of or employed by any unit of State or local government to provide to any person a copy of the transcript or other summary of any pre‑bid conference where such transcript or summary is also made generally available to the public.
(Source: P.A. 86‑150.)

    (720 ILCS 5/33E‑7) (from Ch. 38, par. 33E‑7)
    Sec. 33E‑7. Kickbacks. (a) A person violates this Section when he knowingly either:
    (1) provides, attempts to provide or offers to provide any kickback;
    (2) solicits, accepts or attempts to accept any kickback; or
    (3) includes, directly or indirectly, the amount of any kickback prohibited by paragraphs (1) or (2) of this subsection (a) in the contract price charged by a subcontractor to a prime contractor or a higher tier subcontractor or in the contract price charged by a prime contractor to any unit of State or local government for a public contract.
    (b) Any person violates this Section when he has received an offer of a kickback, or has been solicited to make a kickback, and fails to report it to law enforcement officials, including but not limited to the Attorney General or the State's Attorney for the county in which the contract is to be performed.
    (c) A violation of subsection (a) is a Class 3 felony. A violation of subsection (b) is a Class 4 felony.
    (d) Any unit of State or local government may, in a civil action, recover a civil penalty from any person who knowingly engages in conduct which violates paragraph (3) of subsection (a) of this Section in twice the amount of each kickback involved in the violation. This subsection (d) shall in no way limit the ability of any unit of State or local government to recover monies or damages regarding public contracts under any other law or ordinance. A civil action shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the conduct establishing the cause of action occurred or (2) the date on which the unit of State or local government knew or should have known that the conduct establishing the cause of action occurred.
(Source: P.A. 85‑1295.)

    (720 ILCS 5/33E‑8) (from Ch. 38, par. 33E‑8)
    Sec. 33E‑8. Bribery of inspector employed by contractor. (a) A person commits bribery of an inspector when he offers to any person employed by a contractor or subcontractor on any public project contracted for by any unit of State or local government any property or other thing of value with the intent that such offer is for the purpose of obtaining wrongful certification or approval of the quality or completion of any goods or services supplied or performed in the course of work on such project. Violation of this subsection is a Class 4 felony.
    (b) Any person employed by a contractor or subcontractor on any public project contracted for by any unit of State or local government who accepts any property or other thing of value knowing that such was intentionally offered for the purpose of influencing the certification or approval of the quality or completion of any goods or services supplied or performed under subcontract to that contractor, and either before or afterwards issues such wrongful certification, commits a Class 3 felony. Failure to report such offer to law enforcement officials, including but not limited to the Attorney General or the State's Attorney for the county in which the contract is performed, constitutes a Class 4 felony.
(Source: P.A. 85‑1295.)

    (720 ILCS 5/33E‑9) (from Ch. 38, par. 33E‑9)
    Sec. 33E‑9. Change orders. Any change order authorized under this Section shall be made in writing. Any person employed by and authorized by any unit of State or local government to approve a change order to any public contract who knowingly grants that approval without first obtaining from the unit of State or local government on whose behalf the contract was signed, or from a designee authorized by that unit of State or local government, a determination in writing that (1) the circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed, or (2) the change is germane to the original contract as signed, or (3) the change order is in the best interest of the unit of State or local government and authorized by law, commits a Class 4 felony. The written determination and the written change order resulting from that determination shall be preserved in the contract's file which shall be open to the public for inspection. This Section shall only apply to a change order or series of change orders which authorize or necessitate an increase or decrease in either the cost of a public contract by a total of $10,000 or more or the time of completion by a total of 30 days or more.
(Source: P.A. 86‑150; 87‑618.)

    (720 ILCS 5/33E‑10) (from Ch. 38, par. 33E‑10)
    Sec. 33E‑10. Rules of evidence. (a) The certified bid is prima facie evidence of the bid.
    (b) It shall be presumed that in the absence of practices proscribed by this Article 33E, all persons who submit bids in response to an invitation to bid by any unit of State or local government submit their bids independent of all other bidders, without information obtained from the governmental entity outside the invitation to bid, and in a good faith effort to obtain the contract.
(Source: P.A. 85‑1295.)

    (720 ILCS 5/33E‑11) (from Ch. 38, par. 33E‑11)
    Sec. 33E‑11. (a) Every bid submitted to and public contract executed pursuant to such bid by the State or a unit of local government shall contain a certification by the prime contractor that the prime contractor is not barred from contracting with any unit of State or local government as a result of a violation of either Section 33E‑3 or 33E‑4 of this Article. The State and units of local government shall provide the appropriate forms for such certification.
    (b) A contractor who makes a false statement, material to the certification, commits a Class 3 felony.
(Source: P.A. 86‑150.)

    (720 ILCS 5/33E‑12) (from Ch. 38, par. 33E‑12)
    Sec. 33E‑12. It shall not constitute a violation of any provisions of this Article for any person who is an official of or employed by a unit of State or local government to (1) disclose the name of any person who has submitted a bid in response to or requested plans or specifications regarding an invitation to bid or who has been awarded a public contract to any person or, (2) to convey information concerning acceptable alternatives or substitute to plans or specifications if such information is also made generally available to the public and mailed to any person who has submitted a bid in response to or requested plans or specifications regarding an invitation to bid on a public contract or, (3) to negotiate with the lowest responsible bidder a reduction in only the price term of the bid.
(Source: P.A. 86‑150.)

    (720 ILCS 5/33E‑13) (from Ch. 38, par. 33E‑13)
    Sec. 33E‑13. Contract negotiations under the Local Government Professional Services Selection Act shall not be subject to the provisions of this Article.
(Source: P.A. 87‑855.)

    (720 ILCS 5/33E‑14)
    Sec. 33E‑14. False statements on vendor applications. Whoever knowingly makes any false statement or report, for the purpose of influencing in any way the action of any unit of local government or school district in considering a vendor application, is guilty of a Class 3 felony.
(Source: P.A. 90‑800, eff. 1‑1‑99.)

    (720 ILCS 5/33E‑15)
    Sec. 33E‑15. False entries. Any officer, agent, or employee of, or anyone who is affiliated in any capacity with any unit of local government or school district and makes a false entry in any book, report, or statement of any unit of local government or school district with the intent to defraud the unit of local government or school district, is guilty of a Class 3 felony.
(Source: P.A. 90‑800, eff. 1‑1‑99.)

    (720 ILCS 5/33E‑16)
    Sec. 33E‑16. Misapplication of funds. Whoever, being an officer, director, agent, or employee of, or affiliated in any capacity with any unit of local government or school district, willfully misapplies any of the moneys, funds, or credits of the unit of local government or school district is guilty of a Class 3 felony.
(Source: P.A. 90‑800, eff. 1‑1‑99.)

    (720 ILCS 5/33E‑17)
    Sec. 33E‑17. Unlawful participation. Whoever, being an officer, director, agent, or employee of, or affiliated in any capacity with any unit of local government or school district participates, shares in, or receiving directly or indirectly any money, profit, property, or benefit through any contract with the unit of local government or school district, with the intent to defraud the unit of local government or school district is guilty of a Class 3 felony.
(Source: P.A. 90‑800, eff. 1‑1‑99.)

    (720 ILCS 5/33E‑18)
    Sec. 33E‑18. Unlawful stringing of bids.
    (a) No person for the purpose of evading the bidding requirements of any unit of local government or school district shall knowingly string or assist in stringing, or attempt to string any contract or job order with the unit of local government or school district.
    (b) Sentence. A person who violates this Section is guilty of a Class 4 felony.
(Source: P.A. 90‑800, eff. 1‑1‑99.)

      (720 ILCS 5/Art. 33F heading)
ARTICLE 33F. UNLAWFUL USE OF BODY ARMOR

    (720 ILCS 5/33F‑1) (from Ch. 38, par. 33F‑1)
    Sec. 33F‑1. Definitions. For purposes of this Article:
    (a) "Body Armor" means any one of the following:
        (1) A military style flak or tactical assault vest
    
which is made of Kevlar or any other similar material or metal, fiberglass, plastic, and nylon plates and designed to be worn over one's clothing for the intended purpose of stopping not only missile fragmentation from mines, grenades, mortar shells and artillery fire but also fire from rifles, machine guns, and small arms.
        (2) Soft body armor which is made of Kevlar or any
    
other similar material or metal or any other type of insert and which is lightweight and pliable and which can be easily concealed under a shirt.
        (3) A military style recon/surveillance vest which
    
is made of Kevlar or any other similar material and which is lightweight and designed to be worn over one's clothing.
        (4) Protective casual clothing which is made of
    
Kevlar or any other similar material and which was originally intended to be used by undercover law enforcement officers or dignitaries and is designed to look like jackets, coats, raincoats, quilted or three piece suit vests.
    (b) "Dangerous weapon" means a Category I, Category II, or Category III weapon as defined in Section 33A‑1 of this Code.
(Source: P.A. 91‑696, eff. 4‑13‑00.)

    (720 ILCS 5/33F‑2) (from Ch. 38, par. 33F‑2)
    Sec. 33F‑2. Unlawful use of body armor. A person commits the offense of unlawful use of body armor when he knowingly wears body armor and is in possession of a dangerous weapon, other than a firearm, in the commission or attempted commission of any offense.
(Source: P.A. 93‑906, eff. 8‑11‑04.)

    (720 ILCS 5/33F‑3) (from Ch. 38, par. 33F‑3)
    Sec. 33F‑3. Sentence. A person convicted of unlawful use of body armor for a first offense shall be guilty of a Class A misdemeanor and for a second or subsequent offense shall be guilty of a Class 4 felony.
(Source: P.A. 87‑521.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.