State Senator David Koehler
A new bill in Springfield might have affected Undersheriff and Sheriff candidate Andy Zinke’s activity with the RITA Corporation exec had it been on the law books.
The bill is Senate Bill 2695 is sponsored by State Senator David Koehler.
It passed the State Senate 52-0 on March 4th. Rep. Michael Unes is the House sponsor.
The bill is in the Rules Committee, where Speaker Mike Madigan decides if it will be allowed to continue on a path to passage.
You can read the full bill below:
Section 5. The Criminal Code of 2012 is amended by changing Section 33-3 as follows:
(720ILCS5/33-3)(from Ch.38,par.33-3)
Sec.33-3. Official Misconduct.)
(a) A public officer or employee or special government agent commits misconduct when, in his official capacity or
capacity as a special government agent, he or she commits any of the following acts:(1)(a) Intentionally or recklessly fails to perform any mandatory duty as required bylaw; or
(2)(b)Knowingly performs an act which he knows he is forbidden by law to perform; or
(3)(c)With intent to obtain a personal advantage for himself or another, he performs an act in excess of his lawful authority; or
(4) (d) Solicits or knowingly accepts for the performance of any act a fee or reward which he knows is not authorized by law.
(b) An employee of a law enforcement agency commits misconduct when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment,with the intent to obstruct, impede, or prevent the investigation, apprehension, or prosecution of any criminal offense or person. Nothing in this subsection (b) shall be construed to impose liability for communicating to a confidential resource, who is participating or aiding law enforcement,in an ongoing investigation.
(c) A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his or her office or employment or position as a special government agent. In addition, he or she commits a Class 3 felony.
(d) For purposes of this Section, “special government agent” has the meaning ascribed to it in subsection (l) of Section4A-101of the Illinois Governmental Ethics Act.
(Source:P.A.94-338,eff.1-1-06.)
Here is Koehler’s press release on the bill
Plan to prevent 911 dispatchers from tipping off criminals passes Illinois Senate
SPRINGFIELD – State Senator Dave Koehler’s plan to make it a crime for a police dispatcher to tip off a criminal that law enforcement is nearby passed the Illinois Senate. It now goes to the House of Representatives for further consideration.
In 2010, the Illinois Supreme Court ruled that it’s not a crime for a 911 dispatcher to let a drug dealer – or other criminal – know that police are in the area.
The court called the case “troubling” and the defendant’s actions “unjustifiable,” but found nothing in Illinois law making such behavior illegal.
“The people of Illinois need to be able to trust the entire law enforcement system,” Koehler said.
“911 dispatchers hold an important position, and they should be held accountable if they breach the public’s trust.”
In 1998, a police dispatcher tipped off a local drug dealer that law enforcement officials were in the area near his house in the Chicago suburbs.
The Cook County State’s Attorney charged her with official misconduct.
The trial court found her guilty and sentenced her to two years of probation and 250 hours of community service.
However, the 911 dispatcher appealed the verdict.
The appellate court ruled that nothing in Illinois law allowed her to be charged with official misconduct.
The local police department had every right to fire her, but she hadn’t broken any Illinois law. In 2010, the Illinois Supreme Court agreed.
Koehler’s proposal, Senate Bill 2695, would make it a Class 3 felony for a police dispatcher – or anyone in a similar position – to warn a criminal that law enforcement is nearby or on the way by expanding the definition of official misconduct to include this circumstance.
The crime of official misconduct already covers a wide variety of corrupt acts by public employees, including accepting bribes and misusing one’s authority for personal gain. The penalty for a Class 3 felony is two to five years in prison.
Reads as an excellent law. I fully support it.
However, it would not apply to the case you speak of as Mr. Zinke brought Mr. Goode in to talk to the others involved as a witness with potential evidence who was participating and aiding law enforcement.
The only way this would apply to the Brian Goode is if he was a criminal under criminal investigation.
Could you please clarify if you are accusing Mr Goode of a crime and if so what crime?
I think you imply it plenty, just curious if you believe it enough to clearly state it?
This would apply to Nick Provenzano when he was found guilty of violating the open meeting act (a) A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he or she commits any of the following acts:
(1)(a) Intentionally or recklessly fails to perform any mandatory duty as required bylaw; or
(2)(b)Knowingly performs an act which he knows he is forbidden by law to perform; or
(3)(c)With intent to obtain a personal advantage for himself or another, he performs an act in excess of his lawful authority;
Do we want him for our County Clerk in charge of elections and tax rate and other powerful decisions.
No Thanks
Kind of depends Oscar, are you actually going to make the direct accusation or just insinuate it while asking questions?
Also curious if in your insinuated scenario if you have the Deputy also used his “discretion” to sign a document saying a passenger was driving?
Because we know the harshest penalty the anti Sheriff’s department crowd would support there is a weekend off.
Butt, we know your fall back position to everything is what about Zane. They tried to charge Zane. So lets talk about Andy because Zane has nothing to do with Andy.
1.) Drugs, Drugs Drugs, tons of them, investigation destroyed by Andy and he was given $5000 for his trouble.
2.) Andy’s campaign manager, or perhaps she’ll blame her husband, has been slandering the S/A.
3.) Andy flips off a crowd of people in uniform and then LIES about it.
4.) He illegally uses county e-mails and computers for political purposes.
And now I am asking the question. What is up with the Pork King employee, Deputy Danzig and the NO License ticket? Why wasn’t he arrested like everyone else? Perhaps Andy should get a weekend off too. Or perhaps the Sheriff should try to charge him like he did Zane.
Several subsections of that law directly apply to a local blogger who wrote bogus tickets.
However the SAO has broad power and if they choose not to prosecute even for political purposes, the person walks Scot-free.
Brian Goode was not a target.
Brian Goode could best be described as a cooperating person.
In this particular thread, you (Cal) seem to infer that Brian Goode was complicit in wrongdoing.
Do you have information to that fact or, are you just throwing Brian Goode under the bus to attack your archenemy Andy Zinke?
http://wordpress.org/about/privacy/
Reading their privacy policy expressly states they collect the IP.
Nowhere does it state they will not devulge it nor do they claim a press exemption.
Duncan McHenry might be sitting in court again, this time defending his libelous rants against Marge Nygren.