Bill Amendment: IL HB5984 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GRAND JURIES-LAW ENFORCEMENT

Status: 2016-04-08 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5984 Detail]

Download: Illinois-2015-HB5984-House_Amendment_001.html

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Rep. La Shawn K. Ford

Filed: 4/1/2016

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AMENDMENT TO HOUSE BILL 5984
AMENDMENT NO. ______. Amend House Bill 5984 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 111-2 as follows:
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
Sec. 111-2. Commencement of prosecutions.
(a) All prosecutions of felonies shall be by information or
by indictment. No prosecution may be pursued by information
unless a preliminary hearing has been held or waived in
accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found,
and the provisions of Section 109-3.1 of this Code have been
complied with.
(b) All other prosecutions may be by indictment,
information or complaint, except as provided in subsection

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(b-5).
(b-5) A special prosecutor shall be appointed to provide an
independent investigation into an offense that involves a
shooting or use of excessive force by a peace officer, as
described in Section 7-5 of the Criminal Code of 2012, which
leads to the death of a person who is being detained or
arrested. A grand jury shall not inquire into an offense that
involves a shooting or use of excessive force by a peace
officer, as described in Section 7-5 of the Criminal Code of
2012, which leads to the death of a person who is being
detained or arrested.
(c) Upon the filing of an information or indictment in open
court charging the defendant with the commission of a sex
offense defined in any Section of Article 11 of the Criminal
Code of 1961 or the Criminal Code of 2012, and a minor as
defined in Section 1-3 of the Juvenile Court Act of 1987 is
alleged to be the victim of the commission of the acts of the
defendant in the commission of such offense, the court may
appoint a guardian ad litem for the minor as provided in
Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
1987.
(d) Upon the filing of an information or indictment in open
court, the court shall immediately issue a warrant for the
arrest of each person charged with an offense directed to a
peace officer or some other person specifically named
commanding him to arrest such person.

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(e) When the offense is bailable, the judge shall endorse
on the warrant the amount of bail required by the order of the
court, and if the court orders the process returnable
forthwith, the warrant shall require that the accused be
arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or
complaint after preliminary hearing, or after a waiver of
preliminary hearing in accordance with paragraph (a) of this
Section, such prosecution may be for all offenses, arising from
the same transaction or conduct of a defendant even though the
complaint or complaints filed at the preliminary hearing
charged only one or some of the offenses arising from that
transaction or conduct.
(Source: P.A. 97-1150, eff. 1-25-13.)".