Illinois Compiled Statutes
725 ILCS 5/103-8 (2026)
Mandatory duty of officers
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(725 ILCS 5/103-8)
(from Ch. 38, par. 103-8)
Sec. 103-8. Mandatory duty of officers.
Any peace officer who intentionally prevents the exercise by an accused
of any right conferred by this Article or who intentionally fails to
perform any act required of him by this Article shall be guilty of official
misconduct and may be punished in accordance with Section 33-3 of the
Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
Notes of Decisions
Cited in 2
cases, 1995–2019 · leading case: Terril A. Kraushaar v. Earl K. Flanigan, 45 F.3d 1040 (7th Cir. 1995).
Terril A. Kraushaar v. Earl K. Flanigan, 45 F.3d 1040 (7th Cir. 1995). “(h) Any police officer or employee who knowingly or intentionally fails to comply with any provision of this Section is guilty of official misconduct as provided in Section 103-8 [725 ILCS 5/103-8]; provided however, that nothing contained in this Section shall preclude…”
People v. Smith, 2019 IL App (4th) 160641, 141 N.E.3d 688. “15-MR-1001, defendant alleged Officer Cory Maloney and -9- Correctional Officer Mounce violated section 103-8 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-8 (West 2014)) by eavesdropping on his communications with his attorney.”
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