Public Act 096-1217
 
SB3800 EnrolledLRB096 20633 RLC 36345 b



    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 1961 is amended  by changing 
Section 32-8 as follows:
 



    (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)



    Sec. 32-8. Tampering with public records. 

    (a) A person who knowingly and without lawful authority 
alters, destroys,
defaces, removes or conceals any public 
record commits a Class 4 felony.
    (b) "Public record" expressly includes, but is not limited 
to, court records pertaining to any civil or criminal 
proceeding in any court. 
    (c) Any judge, circuit clerk or clerk of court, public 
official or employee, court reporter, or other person who 
knowingly and without lawful authority alters, destroys, 
defaces, removes, or conceals any public record received or 
held by any judge or by a clerk of any court commits a Class 3 
felony.
    (d) Any person convicted under subsection (c):
        (1)  shall forfeit his or her public office or public 
    employment, if any, and shall thereafter be ineligible for 
    both State and local public office and public employment in 
    this State for a period of 5 years after completion of any 
    term of probation, conditional discharge, or mandatory 
    supervised release;
        (2) shall forfeit all retirement, pension, and other 
    benefits arising out of public office or public employment 
    in accordance with the applicable provisions of the 
    Illinois Pension Code;
        (3) shall be subject to termination of any professional 
    licensure or registration in this State in accordance with 
    the provisions of the applicable professional licensing or 
    registration laws;
        (4) may be ordered by the court, after a hearing in 
    accordance with applicable law and in addition to any other 
    penalty or fine imposed by the court, to forfeit to the 
    State an amount equal to any financial gain or the value of 
    any  advantage realized by the person as a result of the 
    offense; and
        (5) may be ordered by the court, after a hearing in 
    accordance with applicable law and in addition to any other 
    penalty or fine imposed by the court, to pay restitution to 
    the victim in an amount equal to any financial loss or the 
    value of any  advantage lost by the victim as a result of 
    the offense. 
    For the purposes of this subsection (d), an offense under 
subsection (c) committed by a person holding public office or 
public employment shall be rebuttably presumed to relate to or 
arise out of or in connection with that public office or public 
employment. 
    (e) Any party having an interest in the protection and 
integrity of any court record, whether such party be a public 
official or a private individual, shall have the right to 
request and, if necessary, to demand that an investigation be 
opened into the alteration, destruction, defacement, removal, 
or concealment of any public record. Such request may be made 
to any law enforcement agency, including, but not limited to, 
local law enforcement and the State Police. 
    (f) When the local law enforcement agency having 
jurisdiction declines to investigate, or inadequately 
investigates, a violation of subsection (c), the State Police 
shall have the authority to investigate, and shall investigate, 
the same, without regard to whether such local law enforcement 
agency has requested the State Police to do so.
    (g) When the State's Attorney having jurisdiction declines 
to prosecute a violation of subsection (c), the Attorney 
General shall have the authority to prosecute the same, without 
regard to whether such State's Attorney has requested the 
Attorney General to do so.
    (h) Prosecution of a violation of subsection (c) shall be 
commenced within 3 years after the act constituting the 
violation is discovered or reasonably should have been 
discovered. 

(Source: P.A. 77-2638.)