102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3612
 
Introduced 1/19/2022, by Sen. Craig Wilcox
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/33-10 new

     Amends the Criminal Code of 2012.  Creates the offense of prosecutorial misconduct.  Provides that an elected or appointed State's Attorney commits prosecutorial misconduct when he or she: (1) knowingly initiates or continues a criminal proceeding against a defendant; (2) there was insufficient probable cause or grounds to believe the basis for initiating or continuing the criminal proceeding; (3) the primary purpose of the criminal proceeding was malice or political gain; (4)  the criminal proceeding was terminated in favor of the defendant with an acquittal, finding of not guilty, or directed verdict; and (5) the defendant suffered injury or damages as a result of the criminal proceeding.    Provides that prosecutorial misconduct is a Class 3 felony.
  


LRB102 24603 RLC 33838 b

 
 
A BILL FOR
 

  
SB3612LRB102 24603 RLC 33838 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by adding 
5Section 33-10 as follows:
 
6    (720 ILCS 5/33-10 new)
7    Sec. 33-10. Prosecutorial misconduct.
8    (a) An elected or appointed State's Attorney commits 
9prosecutorial misconduct when he or she:
10        (1) knowingly initiates or continues a criminal 
11    proceeding against a defendant;
12        (2) where there is insufficient probable cause or 
13    grounds to believe the basis for initiating or continuing 
14    the criminal proceeding;
15        (3) where the primary purpose of the criminal 
16    proceeding was malice or political gain;
17        (4) where the criminal proceeding was terminated in 
18    favor of the defendant with an acquittal, finding of not 
19    guilty, or directed verdict; and
20        (5) where the defendant suffers economic or 
21    reputational injury or damages as a result of the criminal 
22    proceeding.
23    (b) Sentence. Prosecutorial misconduct is a Class 3 
 
 
SB3612- 2 -LRB102 24603 RLC 33838 b

1felony.