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Article 32 - Interference With Judicial Procedure

      (720 ILCS 5/Art. 32 heading)ARTICLE 32. INTERFERENCE WITH JUDICIAL PROCEDURE

(720 ILCS 5/32‑1) (from Ch. 38, par. 32‑1)     Sec. 32‑1. Compounding a crime.     (a) A person compounds a crime when he receives or offers to another any consideration for a promise not to prosecute or aid in the prosecution of an offender.     (b) Sentence. Compounding a crime is a petty offense. (Source: P. A. 77‑2638.)

(720 ILCS 5/32‑2) (from Ch. 38, par. 32‑2)     Sec. 32‑2. Perjury.     (a) A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law such oath or affirmation is required, he makes a false statement, material to the issue or point in question, which he does not believe to be true.     (b) Proof of Falsity.     An indictment or information for perjury alleging that the offender, under oath, has made contradictory statements, material to the issue or point in question, in the same or in different proceedings, where such oath or affirmation is required, need not specify which statement is false. At the trial, the prosecution need not establish which statement is false.     (c) Admission of Falsity.     Where the contradictory statements are made in the same continuous trial, an admission by the offender in that same continuous trial of the falsity of a contradictory statement shall bar prosecution therefor under any provisions of this Code.     (d) A person shall be exempt from prosecution under subsection (a) of this Section if he is a peace officer who uses a false or fictitious name in the enforcement of the criminal laws, and such use is approved in writing as provided in Section 10‑1 of "The Liquor Control Act of 1934", as amended, Section 5 of "An Act in relation to the use of an assumed name in the conduct or transaction of business in this State", approved July 17, 1941, as amended, or Section 2605‑200 of the Department of State Police Law (20 ILCS 2605/2605‑200). However, this exemption shall not apply to testimony in judicial proceedings where the identity of the peace officer is material to the issue, and he is ordered by the court to disclose his identity.     (e) Sentence.     Perjury is a Class 3 felony. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(720 ILCS 5/32‑3) (from Ch. 38, par. 32‑3)     Sec. 32‑3. Subornation of perjury.     (a) A person commits subornation of perjury when he procures or induces another to make a statement in violation of Section 32‑2 which the person knows to be false.     (b) Sentence.     Subornation of perjury is a Class 4 felony. (Source: P. A. 77‑2638.)

    (720 ILCS 5/32‑4)(from Ch. 38, par. 32‑4)
    Sec. 32‑4. Communicating with jurors and witnesses.
    (a) A person who, with intent to influence any person whom he believes has been summoned as a juror, regarding any matter which is or may be brought before such juror, communicates, directly or indirectly, with such juror otherwise than as authorized by law commits a Class 4 felony.
    (b) A person who, with intent to deter any party or witness from testifying freely, fully and truthfully to any matter pending in any court, or before a Grand Jury, Administrative agency or any other State or local governmental unit, forcibly detains such party or witness, or communicates, directly or indirectly, to such party or witness any knowingly false information or a threat of injury or damage to the property or person of any individual or offers or delivers or threatens to withhold money or another thing of value to any individual commits a Class 3 felony.
    (c) A person who violates the Juror Protection Act commits a Class 4 felony.
(Source: P.A. 94‑186, eff. 1‑1‑06.)

(720 ILCS 5/32‑4a) (from Ch. 38, par. 32‑4a)     Sec. 32‑4a. Harassment of representatives for the child, jurors, witnesses and others.     (a) A person who, with intent to harass or annoy one who has served or is serving or who is a family member of a person who has served or is serving (1) as a juror because of the verdict returned by the jury in a pending legal proceeding or the participation of the juror in the verdict or (2) as a witness, or who may be expected to serve as a witness in a pending legal proceeding, or who was expected to serve as a witness but who did not serve as a witness because the charges against the defendant were dismissed or because the defendant pleaded guilty to the charges against him or her, because of the testimony or potential testimony of the witness or person who may be expected or may have been expected to serve as a witness, communicates directly or indirectly with the juror, witness or person who may be expected or may have been expected to serve as a witness, or family member of a juror or witness or person who may be expected or may have been expected to serve as a witness in such manner as to produce mental anguish or emotional distress or who conveys a threat of injury or damage to the property or person of any juror, witness or person who may be expected or may have been expected to serve as a witness, or family member of the juror or witness or person who may be expected or may have been expected to serve as a witness commits a Class 2 felony.     (b) A person who, with intent to harass or annoy one who has served or is serving or who is a family member of a person who has served or is serving as a representative for the child, appointed under Section 506 of the Illinois Marriage and Dissolution of Marriage Act or Section 2‑502 of the Code of Civil Procedure, because of the representative service of that capacity, communicates directly or indirectly with the representative or a family member of the representative in such manner as to produce mental anguish or emotional distress or who conveys a threat of injury or damage to the property or person of any representative or a family member of the representative commits a Class A misdemeanor.     (c) For purposes of this Section, "family member" means a spouse, parent, child, stepchild or other person related by blood or by present marriage, a person who has, or allegedly has a child in common, and a person who shares or allegedly shares a blood relationship through a child. (Source: P.A. 93‑108, eff. 1‑1‑04; 93‑818, eff. 7‑27‑04.)

(720 ILCS 5/32‑4b) (from Ch. 38, par. 32‑4b)     Sec. 32‑4b. A jury commissioner, or any other person acting on behalf of a jury commissioner, who requests, solicits, suggests, or accepts financial compensation or any other form of consideration in exchange for a promise to excuse or for excusing any person from jury duty commits a Class 3 felony.     In addition to any other penalty provided by law, any jury commissioner convicted under this Section shall forfeit the performance bond required by Section 1 of "An Act in relation to jury commissioners and authorizing judges to appoint such commissioners and to make rules concerning their powers and duties", approved June 15, 1887, as amended, and shall be excluded from further service as a jury commissioner. (Source: P.A. 84‑1428.)

(720 ILCS 5/32‑4c)     Sec. 32‑4c. Witnesses; prohibition on accepting payments before judgment or verdict.     (a) A person who, after the commencement of a criminal prosecution, has been identified in the criminal discovery process as a person who may be called as a witness in a criminal proceeding shall not accept or receive, directly or indirectly, any payment or benefit in consideration for providing information obtained as a result of witnessing an event or occurrence or having personal knowledge of certain facts in relation to the criminal proceeding.     (b) A violation of this Section is a Class B misdemeanor for which the court may impose a fine not to exceed 3 times the amount of compensation requested, accepted, or received.     (c) This Section remains applicable until the judgment of the court in the action if the defendant is tried by the court without a jury or the rendering of the verdict by the jury if the defendant is tried by jury in the action.     (d) This Section does not apply to any of the following circumstances:         (1) To the lawful compensation paid to expert

witnesses, investigators, employees, or agents by a prosecutor, law enforcement agency, or an attorney employed to represent a person in a criminal matter.

(2) To the lawful compensation or benefits provided

to an informant by a prosecutor or law enforcement agency.

(2.5) To the lawful compensation or benefits, or

both, provided to an informant under a local anti‑crime program, such as Crime Stoppers, We‑Tip, and similar programs designed to solve crimes or that foster the detection of crime and encourage persons through the programs and otherwise to come forward with information about criminal activity.

(2.6) To the lawful compensation or benefits, or

both, provided by a private individual to another private individual as a reward for information leading to the arrest and conviction of specified offenders.

(3) To the lawful compensation paid to a publisher,

editor, reporter, writer, or other person connected with or employed by a newspaper, magazine, television or radio station or any other publishing or media outlet for disclosing information obtained from another person relating to an offense.

(e) For purposes of this Section, "publishing or media outlet" means a news gathering organization that sells or distributes news to newspapers, television, or radio stations, or a cable or broadcast television or radio network that disseminates news and information.     (f) The person referred to in subsection (a) of this Section may receive written notice from counsel for either the prosecution or defense of the fact that he or she has been identified as a person who may be called as a witness in a criminal proceeding and his or her responsibilities and possible penalties under this Section. This Section shall be applicable only if the person referred to in subsection (a) of this Section received the written notice referred to in this subsection (f). (Source: P.A. 90‑506, eff. 8‑19‑97.)

(720 ILCS 5/32‑4d)     Sec. 32‑4d. Payment of jurors by parties prohibited.     (a) After a verdict has been rendered in a civil or criminal case, a person who was a plaintiff or defendant in the case may not offer or pay an award or other fee to a juror who was a member of the jury that rendered the verdict in the case.     (b) After a verdict has been rendered in a civil or criminal case, a member of the jury that rendered the verdict may not accept an award or fee from the plaintiff or defendant in that case.     (c) A violation of this Section is a Class A misdemeanor.     (d) This Section does not apply to the payment of a fee or award to a person who was a juror for purposes unrelated to the jury's verdict or to the outcome of the case. (Source: P.A. 91‑879, eff. 1‑1‑01.)

    (720 ILCS 5/32‑4e)
    Sec. 32‑4e. Interfering with the duties of a judicial officer.
    (a) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to a judicial officer or a member of the judicial officer's immediate family with the intent to:
        (1) induce such judicial officer to do, or fail to

do, any act in violation of the lawful execution of his or her official duties; or

(2) induce such judicial officer to commit or aid in

the commission of any fraud, or to collude in, allow, or make available the opportunity for the commission of any fraud on the State of Illinois.

(b) A person may not give or offer to give benefits,

promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to court employees and staff with the intent to interfere with the administration of the judicial process.

(c) Sentence. A person who violates this Section commits a Class 2 felony.     (d) Definitions. For purposes of this Section:     "Judicial officer" means a justice, judge, associate

judge, or magistrate of a court of the United States of America or the State of Illinois.

"Immediate family" means a judicial officer's spouse or

children.

(Source: P.A. 95‑1035, eff. 6‑1‑09.)

    (720 ILCS 5/32‑4f)
    Sec. 32‑4f. Retaliating against a Judge by false claim, slander of title, or malicious recording of fictitious liens. A person who files or causes to be filed, in any public record or in any private record that is generally available to the public, any false lien or encumbrance against the real or personal property of a Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois with knowledge that such lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation, and with the intent of retaliating against that Judge for the performance or non‑performance of an official judicial duty, is guilty of a violation of this Section. A person is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 95‑1035, eff. 6‑1‑09.)

    (720 ILCS 5/32‑5)(from Ch. 38, par. 32‑5)
    Sec. 32‑5. False personation of attorney, judicial, or governmental officials.
    (a) A person who falsely represents himself or herself to be an attorney authorized to practice law for purposes of compensation or consideration commits a Class 4 felony. This subsection (a) does not apply to a person who unintentionally fails to pay attorney registration fees established by Supreme Court Rule.
    (b) A person who falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government commits a Class A misdemeanor. If the false representation is made in furtherance of the commission of a felony, the penalty for a violation of this subsection (b) is a Class 4 felony.
    (c) A person who falsely represents himself or herself to be a public officer or a public employee commits a Class 4 felony if that false representation was for the purpose of effectuating identity theft as defined in Section 16G‑15 of this Code.
(Source: P.A. 94‑985, eff. 1‑1‑07; 95‑324, eff. 1‑1‑08; 95‑625, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08.)

    (720 ILCS 5/32‑5.1)(from Ch. 38, par. 32‑5.1)
    Sec. 32‑5.1. False Personation of a Peace Officer. A person who knowingly and falsely represents himself or herself to be a peace officer commits a Class 4 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.1‑1)
    Sec. 32‑5.1‑1. False personation of a peace officer while carrying a deadly weapon. A person who knowingly and falsely represents himself or herself to be a peace officer while carrying a deadly weapon commits a Class 3 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.2)(from Ch. 38, par. 32‑5.2)
    Sec. 32‑5.2. Aggravated False Personation of a Peace Officer. A person who knowingly and falsely represents himself or herself to be a peace officer in attempting or committing a felony commits a Class 2 felony. A person who knowingly and falsely represents himself or herself to be a peace officer of any jurisdiction in attempting or committing a forcible felony commits a Class 1 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06; 94‑985, eff. 1‑1‑07; 95‑331, eff. 8‑21‑07.)

    (720 ILCS 5/32‑5.2‑5)
    Sec. 32‑5.2‑5. False law enforcement badges.
    (a) A person who knowingly produces, sells, or distributes a law enforcement badge without the express written consent of the law enforcement agency represented on the badge, or in case of a reorganized or defunct law enforcement agency, its successor law enforcement agency, is guilty of a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony.
    (b) It is a defense to a prosecution under this Section that the law enforcement badge is used or is intended to be used exclusively:
        (1) as a memento, or in a collection or exhibit;
        (2) for decorative purposes;
        (3) for a dramatic presentation, such as a

theatrical, film, or television production.

(Source: P.A. 94‑341, eff. 1‑1‑06.)

(720 ILCS 5/32‑5.3)     Sec. 32‑5.3. False personation of a parent or legal guardian. A person who falsely represents himself or herself to be the parent, legal guardian or other relation of a minor child to any public official, public employee, or elementary or secondary school employee or administrator commits a Class A misdemeanor. (Source: P.A. 88‑677, eff. 12‑15‑94.)

    (720 ILCS 5/32‑5.4)
    Sec. 32‑5.4. False personation of a fire fighter. A person who knowingly and falsely represents himself to be a fire fighter of any jurisdiction commits a Class 4 felony.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

    (720 ILCS 5/32‑5.4‑1)
    Sec. 32‑5.4‑1. False personation of a fire fighter while carrying a deadly weapon. A person who knowingly and falsely represents himself or herself to be a fire fighter while carrying a deadly weapon commits a Class 3 felony.
(Source: P.A. 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.5)
    Sec. 32‑5.5. Aggravated false personation of a fire fighter. A person who knowingly and falsely represents himself or herself to be a fire fighter in attempting or committing a felony commits a Class 2 felony.
(Source: P.A. 94‑323, eff. 1‑1‑06; 94‑730, eff. 4‑17‑06.)

    (720 ILCS 5/32‑5.6)
    Sec. 32‑5.6. False personation of an emergency management worker. A person who knowingly and falsely represents himself to be an emergency management worker of any jurisdiction in this State or of the American Red Cross commits a Class 4 felony. For purposes of this Section, "emergency management worker" shall have the same meaning as provided under Section 2‑6.6 of this Code.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

    (720 ILCS 5/32‑5.7)
    Sec. 32‑5.7. Aggravated false personation of an emergency management worker. A person who knowingly and falsely represents himself to be an emergency management worker of any jurisdiction in this State or of the American Red Cross in attempting or committing a felony commits a Class 3 felony. For purposes of this Section, "emergency management worker" shall have the same meaning as provided under Section 2‑6.6 of this Code.
(Source: P.A. 94‑323, eff. 1‑1‑06.)

(720 ILCS 5/32‑6) (from Ch. 38, par. 32‑6)     Sec. 32‑6. Performance of unauthorized acts.     A person who performs any of the following acts, knowing that his performance is not authorized by law, commits a Class 4 felony:     (a) Conducts a marriage ceremony; or     (b) Acknowledges the execution of any document which by law may be recorded; or     (c) Becomes a surety for any party in any civil or criminal proceeding, before any court or public officer authorized to accept such surety. (Source: P. A. 77‑2638)

(720 ILCS 5/32‑7) (from Ch. 38, par. 32‑7)     Sec. 32‑7. Simulating legal process.     A person who issues or delivers any document which he knows falsely purports to be or simulates any civil or criminal process commits a Class B misdemeanor. (Source: P. A. 77‑2638.)

    (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. 96‑1217, eff. 1‑1‑11.)

(720 ILCS 5/32‑9) (from Ch. 38, par. 32‑9)     Sec. 32‑9. Tampering with public notice.     A person who knowingly and without lawful authority alters, destroys, defaces, removes or conceals any public notice, posted according to law, during the time for which the notice was to remain posted, commits a petty offense. (Source: P. A. 77‑2638.)

(720 ILCS 5/32‑10) (from Ch. 38, par. 32‑10)     Sec. 32‑10. Violation of bail bond.     (a) Whoever, having been admitted to bail for appearance before any court of this State, incurs a forfeiture of the bail and willfully fails to surrender himself within 30 days following the date of such forfeiture, commits, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a felony of the next lower Class or a Class A misdemeanor if the underlying offense was a Class 4 felony; or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, commits a misdemeanor of the next lower Class, but not less than a Class C misdemeanor.     (a‑5) Any person who violates a condition of bail bond by possessing a firearm in violation of his or her conditions of bail commits a Class 4 felony for a first violation and a Class 3 felony for a second violation.     (b) Whoever, having been admitted to bail for appearance before any court of this State, while charged with a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963, knowingly violates a condition of that release as set forth in Section 110‑10, subsection (d) of the Code of Criminal Procedure of 1963, commits a Class A misdemeanor.     (c) Whoever, having been admitted to bail for appearance before any court of this State for a felony, Class A misdemeanor or a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963, is charged with any other felony, Class A misdemeanor, or a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963 while on such release, must appear before the court before bail is statutorily set.     (d) Nothing in this Section shall interfere with or prevent the exercise by any court of its power to punishment for contempt. Any sentence imposed for violation of this Section shall be served consecutive to the sentence imposed for the charge for which bail had been granted and with respect to which the defendant has been convicted. (Source: P.A. 91‑696, eff. 4‑13‑00.)

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