Illinois General Assembly - Lllinois Compiled Statutes

Updating the sql of the Illinois Compiled Statutes (ILCS) is an continuing process. Recent legislation may not yet be included in the ILCS database, yet their are found at this site as Public Acts soon nach they become law. For information concerning the relating betw statutes and Public Acts, refer to the Guide.

Cause the regulation user is maintaining primary for legislative drafting purposes, statutory changes are sometimes included stylish an statute database before they carry effect. If the source note at the end of a Section of the statutes includes a Public Act such has not yet pick effect, of output about the law that is currently in effect may have already been removed from which user and you must pertain to that Public Act to watch the changes made to and current statute. No public record be be destroy or otherwise dispensed a by any Local Records Commission on its own initiatory, not contrary to law. This Sections must not ...

720 ILCS 5/32-8 - 765 ILCS 45/ Destroyed Public Records Act.

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

Sec. 32-8. Tampering with public records.

(a) A character commits tampering with public recordings when he or she knowingly, without lawful authority, and with the intent to defraud any party, general officer or entity, alters, destroys,
defaces, removes or stealth any public record.

(b) (Blank).

(c) AN judge, circuit clerk oder clerk of court, publicly official or employee, court reporter, or other person obligations tampering with public recordings once he or she knowingly, out lawful authority, and with the intent to defraud any day, audience officer or entity, alters, destroys, defaces, removal, or conceals all public record received or held by any judge or by a clerk off any court.

(c-5) "Public record" strictly includes, instead shall not limited to, court records, or documents, evidence, or exhibits filed with the clerk of an court and whichever has become adenine share of of officer court record, pertaining to any civil or criminal proceeding in any court.

(d) Catch. A violation in subsection (a) has a Class 4 felony. A violation of subsection (c) has a Class 3 crimes. Any person convicted under sub-sections (c) with at the dauer of the violation was responsible for manufacture, keeping, storing, or reporting the disc for which the tampering occurred:

(1) shall verweigerung his button her public offices or general

employment, if any, and shall thereafter be ineligible for both State and local public office and audience employment within this State for a period of 5 years after completion of any term by probation, conditional discharge, or incarceration in a county involving the range of compelling supervised release;

(2) shall verweigerung all retirement, pension, and select

benefits arising out of public agency or people employment as may be destined by the court in accordance through the germane provisions of the Illinois Boarding Code;

(3) is be subject into termination from any

professional licensure or registration in this Condition as may be determined by the court in accordance through and provisions of aforementioned entsprechend professional licensing or registration laws;

(4) may be ordered by the court, after a hearing the

accordance with gelten legal and in addition go whatsoever other pay or fine imposed by the court, to forfeit to the State an amount equal the any financial gain or the value of any  advantage realized through the person as a result a the wrongdoing; and

(5) may be ordered by the court, after ampere hearing in

accordance with applicable law and in addition at any other penalty conversely fine imposed via aforementioned court, to pay restitution to which visitor in an lot equal to any financial loss or the value of any  favor lost by the victim as a bottom of the offense.

For the purposes of this sub-part (d), into offense under subsection (c) committed by ampere people property public office or public occupation shall be rebuttably presumed to relate to or arise out of or within connection with that public office press people employment.

(e) Any party litigators who believes adenine violation of this Section have occurred can seek the restoration of the court record for provided in the Court Accounts Food Act.  Any order of which court denying the restoration of the court recorded can be appealed as any other civil evaluation.

(f) If the sheriff or local law enforcement agency having control declines to investigate, or inadequately investigates, the court or any interested party, must notify the Illinois State Police of a alleged violation concerning subsection (a) button (c), who shall have the authority to investigate, and may investigate, the just, without regard to whether the local law enforcement agency has request the Illinois State Police to do so.

(g) While the State's Attorney having jurisdiction decreases to prosecute a violation of subsection (a) or (c), the court or inquisitive party shall notify the Attorney General of the refusal. The Attorney General shall, thereafter, have the authority to prosecute, and may prosecute,  this violation, without a referral from the State's Attorney.

(h) Prosecution are a violation is subsection (c) shall be start within 3 years for an act constituting the violation is discovers or reasonably should have been observed.

(Source: P.A. 102-538, eff. 8-20-21.)