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.


LRB104 10519 RLC 22059 b

 
 
A BILL FOR
 
HB3371LRB104 10519 RLC 22059 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 Code of Criminal Procedure of 1963 is 
5amended by changing Section 111-1 as follows:
 
6    (725 ILCS 5/111-1)  (from Ch. 38, par. 111-1)
7    Sec. 111-1. Methods of prosecution. 
8    (a) When authorized by law a prosecution may be commenced 
9by:
10        (1) A complaint;
11        (2) An information;
12        (3) An indictment.
13    (b) Upon commencement of a prosecution for a violation of 
14Section 11-501 of the Illinois Vehicle Code, or a similar 
15provision of a local ordinance, or Section 9-3 of the Criminal 
16Code of 1961 or the Criminal Code of 2012 relating to the 
17offense of reckless homicide, the victims of these offenses 
18shall have all the rights under this Section as they do in 
19Section 4 of the Rights of Crime Victims and Witnesses Act.
20    For the purposes of this Section "victim" shall mean an 
21individual who has suffered personal injury as a result of the 
22commission of a violation of Section 11-501 of the Illinois 
23Vehicle Code, or a similar provision of a local ordinance, or 
 
 
HB3371- 2 -LRB104 10519 RLC 22059 b

1Section 9-3 of the Criminal Code of 1961 or the Criminal Code 
2of 2012 relating to the offense of reckless homicide. In 
3regard to a violation of Section 9-3 of the Criminal Code of 
41961 or the Criminal Code of 2012 relating to the offense of 
5reckless homicide, "victim" shall also include, but not be 
6limited to, spouse, guardian, parent, or other family member.
7    (c) Upon arrest after commencement of a prosecution for a 
8sex offense against a person known to be an employee, the 
9State's Attorney shall immediately provide the superintendent 
10of schools or school administrator that employs the employee 
11with a copy of the complaint, information, or indictment. 
12    For the purposes of this subsection: "employee" has the 
13meaning provided in subsection (a) of Section 24-5 of the 
14School Code; and "sex offense" has the meaning provided in 
15Section 2 of the Sex Offender Registration Act. 
16    This subsection shall not be construed to diminish the 
17rights, privileges, or remedies of an employee under a 
18collective bargaining agreement or employment contract. 
19    (d) A State's Attorney may charge a felony as a 
20misdemeanor, in the State's Attorney's discretion. 
21(Source: P.A. 101-521, eff. 8-23-19; 102-558, eff. 8-20-21.)