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91_SB0947
LRB9102137RCks
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.