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91_SB0003
LRB9100934RCdv
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 2-17 and 33-3.
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 changing Sections 2-17 and 33-3 as follows:
7 (720 ILCS 5/2-17) (from Ch. 38, par. 2-17)
8 Sec. 2-17. "Public employee".
9 "Public employee" means a person, other than a public
10 officer, who is authorized to perform any official function
11 on behalf of, and is paid by, the State, or any of its
12 political subdivisions, or a public school district.
13 (Source: Laws 1961, p. 1983.)
14 (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
15 Sec. 33-3. Official Misconduct.) A public officer or
16 employee commits misconduct when, in his or her official
17 capacity, or through his or her position of trust as a public
18 officer or employee, he or she commits any of the following
19 acts:
20 (a) Intentionally or recklessly fails to perform any
21 mandatory duty as required by law; or
22 (b) Knowingly performs an act which he or she knows he
23 or she is forbidden by law to perform; or
24 (c) With intent to obtain a personal advantage for
25 himself or herself or another, he or she performs an act in
26 excess of his or her lawful authority; or
27 (d) Solicits or knowingly accepts for the performance of
28 any act a fee or reward which he or she knows is not
29 authorized by law.
30 A public officer or employee convicted of violating any
-2- LRB9100934RCdv
1 provision of this Section forfeits his or her office or
2 employment. In addition, he or she commits a Class 3 felony.
3 (Source: P.A. 82-790.)