2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 33 - Official Misconduct
(720 ILCS 5/Art. 33 heading)
ARTICLE 33.
OFFICIAL MISCONDUCT
(720 ILCS 5/33‑1) (from Ch. 38, par. 33‑1)
Sec. 33‑1.
Bribery.) A person commits bribery when:
(a) With intent to influence the performance of any act related
to the employment or function of any public officer, public
employee, juror or witness, he promises or tenders to that person
any property or personal advantage which he is not authorized by
law to accept; or
(b) With intent to influence the performance of any act related
to the employment or function of any public officer, public
employee, juror or witness, he promises or tenders to one whom he
believes to be a public officer, public employee, juror or witness,
any property or personal advantage which a public officer, public
employee, juror or witness would not be authorized by law to accept; or
(c) With intent to cause any person to influence the performance
of any act related to the employment or function of any public
officer, public employee, juror or witness, he promises or tenders
to that person any property or personal advantage which he is not
authorized by law to accept; or
(d) He receives, retains or agrees to accept any property or
personal advantage which he is not authorized by law to accept
knowing that such property or personal advantage was promised
or tendered with intent to cause him to influence the performance
of any act related to the employment or function of any public
officer, public employee, juror or witness; or
(e) He solicits, receives, retains, or agrees to accept any property
or personal advantage pursuant to an understanding that he shall improperly
influence or attempt to influence the performance of any act related to the
employment or function of any public officer, public employee, juror or witness.
(f) Sentence.
Bribery is a Class 2 felony.
(Source: P.A. 84‑761.)
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(720 ILCS 5/33‑2) (from Ch. 38, par. 33‑2)
Sec. 33‑2.
Failure to report a bribe.
Any public officer, public employee
or juror who fails to report
forthwith to the local State's Attorney, or in the case of a State employee
to the Department of State Police, any offer made
to him in violation
of Section 33‑1 commits a Class A misdemeanor.
In the case of a State employee, the making of such report
to the Department of State Police shall discharge
such employee from
any further duty under this Section. Upon receiving any such report, the
Department of State Police
shall forthwith transmit a copy thereof to the appropriate State's Attorney.
(Source: P.A. 84‑25.)
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(720 ILCS 5/33‑3) (from Ch. 38, par. 33‑3)
Sec. 33‑3. Official
Misconduct.) A public officer or employee or special government agent commits misconduct
when, in his official capacity or capacity as a special government agent, he commits any of the following acts:
(a) Intentionally or recklessly fails to perform any
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mandatory duty as required by law; or
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(b) Knowingly performs an act which he knows he is
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forbidden by law to perform; or
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(c) With intent to obtain a personal advantage for
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himself or another, he performs an act in excess of his lawful authority; or
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(d) Solicits or knowingly accepts for the performance
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of any act a fee or reward which he knows is not authorized by law.
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A public officer or employee or special government agent
convicted of violating any provision of
this Section forfeits his office or employment or position as a special government agent. In addition, he commits a
Class
3 felony.
For purposes of this Section, "special government agent" has the meaning ascribed to it in subsection (l) of Section 4A‑101 of the Illinois Governmental Ethics Act.
(Source: P.A. 94‑338, eff. 1‑1‑06.)
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(720 ILCS 5/33‑3.1)
Sec. 33‑3.1.
Solicitation misconduct (State government).
(a) An employee of an
executive branch constitutional officer commits solicitation misconduct (State
government) when, at any time, he or she knowingly solicits or receives
contributions, as
that
term is defined in Section 9‑1.4 of the Election Code, from a person engaged in
a business or activity over which the person has regulatory authority.
(b) For the purpose of this Section, "employee of
an
executive branch constitutional officer" means a full‑time or part‑time
salaried
employee, full‑time or part‑time salaried appointee, or any contractual
employee of any office, board,
commission, agency, department, authority, administrative unit, or corporate
outgrowth under the jurisdiction of an executive branch constitutional officer;
and "regulatory authority" means having the responsibility to investigate,
inspect, license, or enforce regulatory measures necessary to the requirements
of any
State or federal statute or regulation relating to the business or activity.
(c) An employee of an executive branch constitutional officer, including one
who does not
have
regulatory authority, commits a violation of this Section if that employee
knowingly acts in concert with an employee of an executive
branch constitutional officer who does
have regulatory authority to solicit or receive contributions in violation of
this Section.
(d) Solicitation misconduct (State government) is a Class A
misdemeanor. An employee of an executive branch constitutional
officer convicted of committing solicitation misconduct (State government)
forfeits his or her employment.
(e) An employee of an executive branch constitutional officer who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (State government) to the State Police, the Attorney General, a
State's Attorney, or any law enforcement official is guilty of a Class C
misdemeanor.
(Source: P.A. 92‑853, eff. 8‑28‑02.)
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(720 ILCS 5/33‑3.2)
Sec. 33‑3.2.
Solicitation misconduct (local government).
(a) An employee of a chief executive officer of a local government commits
solicitation misconduct (local government) when, at any time, he or she
knowingly solicits or
receives contributions, as that term is defined in Section 9‑1.4 of the
Election
Code, from a person engaged in a business or activity over which the person has
regulatory authority.
(b) For the purpose of this Section, "chief executive officer of a
local government" means an executive officer of a county, township or municipal
government or any administrative subdivision under jurisdiction of the county,
township, or municipal government including but not limited to: chairman or
president of a county board or commission, mayor or village president, township
supervisor, county executive, municipal manager, assessor, auditor, clerk,
coroner,
recorder, sheriff or State's Attorney; "employee of
a
chief
executive officer of a local government" means a full‑time or part‑time
salaried employee, full‑time or part‑time salaried appointee, or any
contractual employee of any office,
board, commission, agency, department, authority, administrative unit, or
corporate outgrowth under the jurisdiction of a chief executive officer of a
local government; and "regulatory authority" means having the
responsibility to investigate, inspect, license, or enforce regulatory measures
necessary to the requirements of any State, local, or federal statute or
regulation
relating to the business or activity.
(c) An employee of a chief executive officer of a local government,
including
one
who does not have regulatory authority, commits a violation of this Section if
that employee knowingly acts in concert with an employee of a chief
executive officer
of a local government who does have regulatory authority to solicit or
receive contributions in violation of this Section.
(d) Solicitation misconduct (local government) is a Class A
misdemeanor. An employee of a
chief executive officer of a local government convicted of committing
solicitation misconduct (local government) forfeits his or her employment.
(e) An employee of a chief executive officer of a local government who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done
by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (local government) to the State Police, the Attorney General, a
State's Attorney, or any law enforcement official is guilty of a Class C
misdemeanor.
(Source: P.A. 92‑853, eff. 8‑28‑02.)
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(720 ILCS 5/33‑4)
Sec. 33‑4.
Peace officer or correctional officer; gang‑related activity
prohibited.
(a) It is unlawful for a peace officer or correctional officer to
knowingly commit any act in
furtherance of gang‑related activities, except when acting in furtherance of an
undercover law enforcement investigation.
(b) In this Section, "gang‑related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 90‑131, eff. 1‑1‑98.)
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(720 ILCS 5/33‑5)
Sec. 33‑5.
Preservation of evidence.
(a) It is unlawful for a
law enforcement agency
or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provisions of subsection (a)
of
Section 116‑4 of
the Code of Criminal Procedure of 1963.
(b) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(c) For purposes of this Section, "law enforcement agency" has the meaning
ascribed to it in subsection (e) of Section 116‑4 of the Code of Criminal
Procedure of 1963.
(Source: P.A. 91‑871, eff. 1‑1‑01; 92‑459, eff. 8‑22‑01.)
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(720 ILCS 5/33‑6)
Sec. 33‑6. Bribery to obtain driving privileges.
(a) A person commits the offense of bribery to obtain driving privileges when:
(1) with intent to influence any act related to the |
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issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or
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(2) with intent to cause any person to influence any
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act related to the issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or
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(3) as an employee of the Illinois Secretary of
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State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage that he or she is not authorized by law to accept knowing that such property or personal advantage was promised or tendered with intent to influence the performance of any act related to the issuance of any driver's license or permit; or
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(4) as an employee of the Illinois Secretary of
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State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the issuance of any driver's license or permit.
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(b) Sentence. Bribery to obtain driving privileges is a
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(Source: P.A. 93‑783, eff. 1‑1‑05.)
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(720 ILCS 5/33‑7)
Sec. 33‑7. Public contractor misconduct.
(a) A public contractor; a person seeking a public contract on behalf of himself, herself, or another; an employee of a public
contractor; or a person seeking a public contract on behalf of himself, herself, or another commits public contractor misconduct when, in the performance of, or in connection with, a contract with
the State, a unit of local government, or a school district or in obtaining or seeking to obtain such a contract he or she commits any of
the following acts:
(1) intentionally or knowingly makes, uses, or causes
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to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property;
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(2) knowingly performs an act that he or she knows he
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or she is forbidden by law to perform;
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(3) with intent to obtain a personal advantage for
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himself, herself, or another, he or she performs an act in excess of his or her contractual responsibility; or
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(4) solicits or knowingly accepts for the performance
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of any act a fee or reward that he or she knows is not authorized by law.
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(b) Sentence. Any person who violates this Section
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commits a Class 3 felony.
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(Source: P.A. 94‑338, eff. 1‑1‑06.)
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