Loading chat...
IL HB4176
Bill
Status
10/18/2021
Primary Sponsor
James Durkin
Click for details
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