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91_HB1996 LRB9102138RCks 1 AN ACT to amend the Criminal Code of 1961 by adding 2 Section 33-3.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 adding Section 33-3.1 as follows: 7 (720 ILCS 5/33-3.1 new) 8 Sec. 33-3.1. Official misconduct by contractor. 9 (a) A prime contractor, prime contractor employee, 10 subcontractor, or subcontractor employee commits misconduct 11 when in his or her contractual capacity under a public 12 contract, he or she commits any of the following acts: 13 (1) Intentionally or recklessly fails to perform 14 any mandatory duty as required by law; or 15 (2) Knowingly performs an act that he or she knows 16 he or she is forbidden by law to perform; or 17 (3) With intent to obtain a personal advantage for 18 himself, herself, or another, he or she performs an act 19 in excess of his or her lawful authority; or 20 (4) Solicits or knowingly accepts for the 21 performance of any act a fee or reward that he or she 22 knows is not authorized by law. 23 (b) Definitions. As used in this Section, "public 24 contract", "prime contractor", "prime contractor employee", 25 "subcontract", "subcontractor", and "subcontractor employee" 26 have the meanings ascribed to them in Section 33E-2 of this 27 Code. 28 (c) Sentence. A prime contractor, prime contractor 29 employee, subcontractor, or subcontractor employee convicted 30 of violating any provision of this Section commits a Class 3 31 felony.