ART. VIII, SECTION 7. OFFICIAL MISCONDUCT

April 16, 2008 – 4:57 am

(a) The General Assembly shall provide by law what conduct shall construe Official Misconduct including but not limited to: bribery, perjury, extortion, fraud, obstruction of justice, obstruction of freedom of information, nepotism and patronage.

(b) Any citizen of the State of Illinois shall be entitled to petition the state’s attorney in his or her jurisdiction to investigate or prosecute a public official or employee for official misconduct given sufficient evidence to justify such an investigation or prosecution. A state’s attorney shall have 30 days with which to make a decision on such a petition. Should a state’s attorney decline to investigate or prosecute, a citizen of the State of Illinois shall be entitled to prosecute the case directly. The Supreme Court of the State of Illinois shall provide rules to accommodate private citizens filing and prosecuting criminal actions against government officials or employees.

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