Bill Text: IL HB4176 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that, in a criminal investigation in counties in excess of 3,000,000 involving a forcible felony where the State's Attorney or an Assistant State's Attorney rejects the filing of a felony charge or charges or the case is designated by the State's Attorney or Assistant State's Attorney as a continuing investigation: (1) a law enforcement agency in the jurisdiction where the alleged crime occurred may override the State's Attorney or Assistant State's Attorney's rejection of the felony charge or charges or the case is designated by the State's Attorney or Assistant State's Attorney as a continuing investigation if the evidence supporting the charge is clear and convincing and the override is filed with the clerk of the circuit court and the State's Attorney; and (2) the State's Attorney or Assistant State's Attorney may rescind the override within 7 days after the override by petitioning the Chief Judge of the Criminal Division of the circuit court. Provides for petition requirements. Provides that, if the court determines that law enforcement agency's decision to override was based on clear and convincing evidence, the State's Attorney must proceed with a preliminary examination or seek an indictment by grand jury within 30 days from the date he or she was taken into custody or, if he or she is not in custody, 60 days from the date he or she was arrested. Provides that the decision of the court on the law enforcement agency's override is not appealable. Requires all State's Attorney Offices to collect and maintain data in a public database on all felony cases called in for review by law enforcement and specifies how the data shall be collected and disclosed. Requires notification of a victim or victim's family of rejection of a felony case.

Spectrum: Partisan Bill (Republican 45-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4176 Detail]

Download: Illinois-2021-HB4176-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4176 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-9005.5 new
55 ILCS 5/3-9005.10 new
Amends the Counties Code. Provides that, in a criminal investigation in counties in excess of 3,000,000 involving a forcible felony where the State's Attorney or an Assistant State's Attorney rejects the filing of a felony charge or charges or the case is designated by the State's Attorney or Assistant State's Attorney as a continuing investigation: (1) a law enforcement agency in the jurisdiction where the alleged crime occurred may override the State's Attorney or Assistant State's Attorney's rejection of the felony charge or charges or the case is designated by the State's Attorney or Assistant State's Attorney as a continuing investigation if the evidence supporting the charge is clear and convincing and the override is filed with the clerk of the circuit court and the State's Attorney; and (2) the State's Attorney or Assistant State's Attorney may rescind the override within 7 days after the override by petitioning the Chief Judge of the Criminal Division of the circuit court. Provides for petition requirements. Provides that, if the court determines that law enforcement agency's decision to override was based on clear and convincing evidence, the State's Attorney must proceed with a preliminary examination or seek an indictment by grand jury within 30 days from the date he or she was taken into custody or, if he or she is not in custody, 60 days from the date he or she was arrested. Provides that the decision of the court on the law enforcement agency's override is not appealable. Requires all State's Attorney Offices to collect and maintain data in a public database on all felony cases called in for review by law enforcement and specifies how the data shall be collected and disclosed. Requires notification of a victim or victim's family of rejection of a felony case.
LRB102 20998 AWJ 29911 b
A BILL FOR
HB4176 LRB102 20998 AWJ 29911 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Sections
3-9005.5 and 3-9005.10 as follows:
(55 ILCS 5/3-9005.5 new)
Sec. 3-9005.5. Forcible felony override.
(a) As used in this Section:
"Forcible felony" has the meaning given to that term in
Section 2-8 of the Criminal Code of 2012.
"Law enforcement agency" means a chief of police, police
superintendent, sheriff, or public safety director.
(b) In a criminal investigation involving a forcible
felony where the State's Attorney or an Assistant State's
Attorney rejects the filing of a felony charge or charges or
the case is designated by the State's Attorney or Assistant
State's Attorney as a continuing investigation:
(1) A law enforcement agency in the jurisdiction where
the alleged crime occurred may override the State's
Attorney or Assistant State's Attorney's rejection of the
felony charge or charges or the case is designated by the
State's Attorney or Assistant State's Attorney as a
continuing investigation if the evidence supporting the

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charge is clear and convincing. The override shall be
filed with the clerk of the circuit court and the State's
Attorney.
(2) The State's Attorney or Assistant State's Attorney
may rescind the override within 7 days after the override
by petitioning the chief judge of the criminal division of
the circuit court. The petition must contain:
(A) A written explanation why the law enforcement
agency's override should be rescinded.
(B) Confirmation by the State's Attorney or
Assistant State's Attorney in writing disclosing that
the rescission of the law enforcement agency's
override was explained to the victim or victim's
family.
Both the law enforcement agency, or the law
enforcement agency's designee, and the State's Attorney or
Assistant State's Attorney shall proceed by way of
proffer. The law enforcement agency's override shall be
rescinded if the court determines that the law enforcement
agency's override was not based on clear and convincing
evidence.
If the court determines that law enforcement agency's
decision to override was based on clear and convincing
evidence, the State's Attorney must proceed with a
preliminary examination, as provided for in Section 109-3
of the Code of Criminal Procedure of 1963, or seek an

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indictment by grand jury, as provided for in Section 111-2
of the Code of Criminal Procedure of 1963, within 30 days
from the date he or she was taken into custody or, if he or
she is not in custody, within 60 days from the date he or
she was arrested.
The decision of the court on the law enforcement
override is not appealable.
The clerk of the court shall enter a record of the
felony override at the end of the seventh day after filing
if the State's Attorney's Office does not file a petition
to rescind.
Any document or other evidence which becomes part of the
official record from a rescission hearing shall not be
admissible in any civil, criminal, or administrative case.
(c) This Section only applies to counties in excess of
3,000,000.
(55 ILCS 5/3-9005.10 new)
Sec. 3-9005.10. Felony case database; notification of
victim or victim's family of rejection.
(a) The State's Attorney's Office shall collect and
maintain data in a public database on all felony cases called
in for review by law enforcement. Each case reviewed shall be
assigned a unique number and the State's Attorney's Office
shall capture the following data for each case:
(1) Date and time law enforcement contacted State's

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Attorney's Office for a felony review.
(2) Date and time the State's Attorney or Assistant
State's Attorney completed the felony review.
(3) The data collection of the felony review shall
only be for the following categories:
(A) Rejected.
(B) Continuing Investigation.
If the State's Attorney or the Assistant State's Attorney
determines that the case is a continuing investigation, the
State's Attorney's Office shall within 30 days reject or
approve the felony charges.
Once the charges are rejected or approved, that
information shall be made available on the public database
within 7 days.
(b) If a charge is rejected, the State's Attorney or
Assistant State's Attorney shall notify the alleged victim or
victims or victim's family or victims' families within 24
hours of the rejection as well as provide a written
explanation for the rejection.