HB5984ham001 99TH GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 4/1/2016

09900HB5984ham001 LRB099 16388 SLF 46964 a

AMENDMENT TO HOUSE BILL 5984

AMENDMENT NO. ______. Amend House Bill 5984 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 111-2 as follows:

(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)

Sec. 111-2. Commencement of prosecutions.

(a) All prosecutions of felonies shall be by information or by indictment. No prosecution may be pursued by information unless a preliminary hearing has been held or waived in accordance with Section 109-3 and at that hearing probable cause to believe the defendant committed an offense was found, and the provisions of Section 109-3.1 of this Code have been complied with.

(b) All other prosecutions may be by indictment, information or complaint, except as provided in subsection (b-5).

(b-5) A special prosecutor shall be appointed to provide an independent investigation into an offense that involves a shooting or use of excessive force by a peace officer, as described in Section 7-5 of the Criminal Code of 2012, which leads to the death of a person who is being detained or arrested. A grand jury shall not inquire into an offense that involves a shooting or use of excessive force by a peace officer, as described in Section 7-5 of the Criminal Code of 2012, which leads to the death of a person who is being detained or arrested.

(c) Upon the filing of an information or indictment in open court charging the defendant with the commission of a sex offense defined in any Section of Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012, and a minor as defined in Section 1-3 of the Juvenile Court Act of 1987 is alleged to be the victim of the commission of the acts of the defendant in the commission of such offense, the court may appoint a guardian ad litem for the minor as provided in Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of 1987.

(d) Upon the filing of an information or indictment in open court, the court shall immediately issue a warrant for the arrest of each person charged with an offense directed to a peace officer or some other person specifically named commanding him to arrest such person.

(e) When the offense is bailable, the judge shall endorse on the warrant the amount of bail required by the order of the court, and if the court orders the process returnable forthwith, the warrant shall require that the accused be arrested and brought immediately into court.

(f) Where the prosecution of a felony is by information or complaint after preliminary hearing, or after a waiver of preliminary hearing in accordance with paragraph (a) of this Section, such prosecution may be for all offenses, arising from the same transaction or conduct of a defendant even though the complaint or complaints filed at the preliminary hearing charged only one or some of the offenses arising from that transaction or conduct.

(Source: P.A. 97-1150, eff. 1-25-13.)".