Illinois General Assembly - Full Text of HB3371

LRB104 10519 RLC 22059 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3371

Introduced 2/18/2025, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

725 ILCS 5/111-1

from Ch. 38, par. 111-1

Amends the Code of Criminal Procedure of 1963. Provides that a State's Attorney may charge a felony as a misdemeanor, in the State's Attorney's discretion.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 111-1 as follows:

(725 ILCS 5/111-1) (from Ch. 38, par. 111-1)

Sec. 111-1. Methods of prosecution.

(a) When authorized by law a prosecution may be commenced by:

(1) A complaint;

(2) An information;

(3) An indictment.

(b) Upon commencement of a prosecution for a violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, the victims of these offenses shall have all the rights under this Section as they do in Section 4 of the Rights of Crime Victims and Witnesses Act.

For the purposes of this Section "victim" shall mean an individual who has suffered personal injury as a result of the commission of a violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide. In regard to a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, "victim" shall also include, but not be limited to, spouse, guardian, parent, or other family member.

(c) Upon arrest after commencement of a prosecution for a sex offense against a person known to be an employee, the State's Attorney shall immediately provide the superintendent of schools or school administrator that employs the employee with a copy of the complaint, information, or indictment.

For the purposes of this subsection: "employee" has the meaning provided in subsection (a) of Section 24-5 of the School Code; and "sex offense" has the meaning provided in Section 2 of the Sex Offender Registration Act.

This subsection shall not be construed to diminish the rights, privileges, or remedies of an employee under a collective bargaining agreement or employment contract.

(d) A State's Attorney may charge a felony as a misdemeanor, in the State's Attorney's discretion.

(Source: P.A. 101-521, eff. 8-23-19; 102-558, eff. 8-20-21.)