(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.
(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.)
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