Bill Text: IL HB0328 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that an indictment or information for perjury alleging that in the same or in different proceedings in which an oath or affirmation is required, the offender, under oath, knowingly made contradictory statements to the degree that one of the statements is necessarily false, need not specify which statement is false if: (1) each statement was material to the issue or point in question; and (2) each statement was made within the period of the statute of limitations for the offense charged. Provides that it is a defense to an indictment or information made for perjury that the defendant at the time he or she made each declaration believed the declaration to be true. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0328 Detail]

Download: Illinois-2017-HB0328-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0328 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED:
720 ILCS 5/32-2 from Ch. 38, par. 32-2
Amends the Criminal Code of 2012. Provides that an indictment or information for perjury alleging that in the same or in different proceedings in which an oath or affirmation is required, the offender, under oath, knowingly made contradictory statements to the degree that one of the statements is necessarily false, need not specify which statement is false if: (1) each statement was material to the issue or point in question; and (2) each statement was made within the period of the statute of limitations for the offense charged. Provides that it is a defense to an indictment or information made for perjury that the defendant at the time he or she made each declaration believed the declaration to be true. Effective immediately.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 32-2 as follows:
(720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
Sec. 32-2. Perjury.
(a) A person commits perjury when, under oath or
affirmation, in a proceeding or in any other matter where by
law the oath or affirmation is required, he or she makes a
false statement, material to the issue or point in question,
knowing the statement is false.
(b) Proof of Falsity.
An indictment or information for perjury alleging that in
the same or in different proceedings in which an oath or
affirmation is required, the offender, under oath, has
knowingly made contradictory statements to the degree that one
of the statements is necessarily false, material to the issue
or point in question, in the same or in different proceedings,
where the oath or affirmation is required, need not specify
which statement is false if:
(1) each statement was material to the issue or point
in question; and

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(2) each statement was made within the period of the
statute of limitations for the offense charged under
subsection (a) of this Section.
It is a defense to proof of falsity under this subsection
(b) that the defendant at the time he or she made each
declaration believed the declaration to be true. At the trial,
the prosecution need not establish which statement is false.
(c) Admission of Falsity.
Where the contradictory statements are made in the same
continuous trial, an admission by the offender in that same
continuous trial of the falsity of a contradictory statement
shall bar prosecution therefor under any provisions of this
Code.
(d) A person shall be exempt from prosecution under
subsection (a) of this Section if he or she is a peace officer
who uses a false or fictitious name in the enforcement of the
criminal laws, and this use is approved in writing as provided
in Section 10-1 of "The Liquor Control Act of 1934", as
amended, Section 5 of "An Act in relation to the use of an
assumed name in the conduct or transaction of business in this
State", approved July 17, 1941, as amended, or Section 2605-200
of the Department of State Police Law. However, this exemption
shall not apply to testimony in judicial proceedings where the
identity of the peace officer is material to the issue, and he
or she is ordered by the court to disclose his or her identity.
(e) Sentence.

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Perjury is a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.