Bill Text: IL HB2735 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Law enforcement employees and prosecutors have an affirmative obligation to report any knowledge of the misrepresentations to the law enforcement employee's supervisor or to whomever necessary for the law enforcement employee to be held accountable. Provides that a violation is a Class 3 felony and forfeiture of employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2735 Detail]

Download: Illinois-2017-HB2735-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2735 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
720 ILCS 5/33-3 from Ch. 38, par. 33-3
Amends the Criminal Code of 2012. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Law enforcement employees and prosecutors have an affirmative obligation to report any knowledge of the misrepresentations to the law enforcement employee's supervisor or to whomever necessary for the law enforcement employee to be held accountable. Provides that a violation is a Class 3 felony and forfeiture of employment.
LRB100 10709 RLC 20937 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
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 33-3 as follows:
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official misconduct.
(a) A public officer or employee or special government
agent commits misconduct when, in his official capacity or
capacity as a special government agent, he or she commits any
of the following acts:
(1) Intentionally or recklessly fails to perform any
mandatory duty as required by law; or
(2) Knowingly performs an act which he knows he is
forbidden by law to perform; or
(3) With intent to obtain a personal advantage for
himself or another, he performs an act in excess of his
lawful authority; or
(4) Solicits or knowingly accepts for the performance
of any act a fee or reward which he knows is not authorized
by law.
(b) An employee of a law enforcement agency commits
misconduct when he or she knowingly uses or communicates,

HB2735 - 2 - LRB100 10709 RLC 20937 b
directly or indirectly, information acquired in the course of
employment, with the intent to obstruct, impede, or prevent the
investigation, apprehension, or prosecution of any criminal
offense or person. Nothing in this subsection (b) shall be
construed to impose liability for communicating to a
confidential resource, who is participating or aiding law
enforcement, in an ongoing investigation.
(b-1) An employee of a law enforcement agency commits
misconduct when he or she knowingly misrepresents facts
describing an incident in a police report or during
investigations regarding the law enforcement employee's
conduct. Law enforcement employees and prosecutors have an
affirmative obligation to report any knowledge of the
misrepresentations to the law enforcement employee's
supervisor or to whomever necessary for the law enforcement
employee to be held accountable.
(c) A public officer or employee or special government
agent convicted of violating any provision of this Section
forfeits his or her office or employment or position as a
special government agent. In addition, he or she commits a
Class 3 felony.
(d) 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. 98-867, eff. 1-1-15.)