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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2574 Introduced 2/15/2023, by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
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Amends the Code of Criminal Procedure of 1963. Provides that, in a county with more than 3,000,000 inhabitants, if a law enforcement agency, peace officer, or member of the public presents evidence to the Office of the State's Attorney that there is probable cause that a person has committed an offense within that county and the State's Attorney or Assistant State's Attorney, after evaluating the evidence presented to the State's Attorney or Assistant State's Attorney, refuses to file a complaint, seek an indictment, present the evidence to a grand jury for investigation of the case, or sign an information charging the person with an offense, the State's Attorney or Assistant State's Attorney must provide a written statement to the local law enforcement agency of the jurisdiction where the alleged offense occurred of the reasons why the State's Attorney or Assistant State's Attorney did not seek prosecution of the case.
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| | A BILL FOR |
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| | HB2574 | | LRB103 05159 RLC 50174 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by adding Section 111-1.5 as follows:
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| 6 | | (725 ILCS 5/111-1.5 new) |
| 7 | | Sec. 111-1.5. State's Attorney; counties exceeding |
| 8 | | 3,000,000; nonprosecution of case. In a county with more than |
| 9 | | 3,000,000 inhabitants, if a law enforcement agency, peace |
| 10 | | officer, or member of the public presents evidence to the |
| 11 | | Office of the State's Attorney that there is probable cause |
| 12 | | that a person has committed an offense within that county and |
| 13 | | the State's Attorney or Assistant State's Attorney, after |
| 14 | | evaluating the evidence presented to the State's Attorney or |
| 15 | | Assistant State's Attorney, refuses to file a complaint, seek |
| 16 | | an indictment, present the evidence to a grand jury for |
| 17 | | investigation of the case, or sign an information charging the |
| 18 | | person with an offense, the State's Attorney or Assistant |
| 19 | | State's Attorney must provide a written statement to the local |
| 20 | | law enforcement agency of the jurisdiction where the alleged |
| 21 | | offense occurred of the reasons why the State's Attorney or |
| 22 | | Assistant State's Attorney did not seek prosecution of the |
| 23 | | case.
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