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IL HB4176

Bill

Status

Introduced

10/18/2021

Primary Sponsor

James Durkin

Click for details

Origin

House of Representatives

102nd General Assembly

AI Summary

HB4176 Summary

  • Allows law enforcement agencies (chiefs of police, sheriffs, public safety directors) in counties exceeding 3,000,000 population to override a State's Attorney's rejection of felony charges for forcible felonies if evidence is "clear and convincing," with the override filed in circuit court.

  • Permits State's Attorney to rescind the law enforcement override within 7 days by petitioning the Chief Judge of the Criminal Division, who determines whether the override was based on clear and convincing evidence; court decisions are not appealable.

  • Requires State's Attorney to proceed with preliminary examination or grand jury indictment within 30 days of custody or 60 days of arrest if court upholds the override.

  • Mandates State's Attorney offices maintain a public database tracking all felony cases reviewed by law enforcement, including date/time of contact, date/time review completed, and whether cases are rejected or marked as continuing investigations.

  • Requires State's Attorney to notify alleged victims or victim families within 24 hours of charge rejection and provide written explanation for the rejection.

Legislative Description

FELONY OVERRIDE & DATABASE

Last Action

Rule 19(a) / Re-referred to Rules Committee

2/18/2022

Committee Referrals

Rules2/18/2022
Judiciary - Criminal2/9/2022
Rules10/19/2021

Full Bill Text

No bill text available