Bill Status of HB4176  102nd General Assembly


Short Description:  FELONY OVERRIDE & DATABASE

House Sponsors
Rep. Jim Durkin - Dan Brady - Tom Demmer - Dave Severin - Patrick Windhorst, Thomas M. Bennett, Dan Ugaste, Keith R. Wheeler, Tony McCombie, Tom Weber, Daniel Swanson, Mark Batinick, Chris Bos, Avery Bourne, Tim Butler, Dan Caulkins, Andrew S. Chesney, C.D. Davidsmeyer, Amy Elik, Randy E. Frese, David Friess, Amy Grant, Jackie Haas, Brad Halbrook, Sandra Hamilton, Norine K. Hammond, Paul Jacobs, Jeff Keicher, Seth Lewis, Mark Luft, Michael T. Marron, Deanne M. Mazzochi, Martin McLaughlin, Charles Meier, Chris Miller, Thomas Morrison, Adam Niemerg, Tim Ozinga, Steven Reick, Keith P. Sommer, Joe Sosnowski, Ryan Spain, Bradley Stephens, David A. Welter and Blaine Wilhour

Last Action
DateChamber Action
  2/18/2022HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
55 ILCS 5/3-9005.5 new
55 ILCS 5/3-9005.10 new


Synopsis As Introduced
Amends the Counties Code. Provides that, in a criminal investigation in counties in excess of 3,000,000 involving a forcible felony where the State's Attorney or an Assistant State's Attorney rejects the filing of a felony charge or charges or the case is designated by the State's Attorney or Assistant State's Attorney as a continuing investigation: (1) a law enforcement agency in the jurisdiction where the alleged crime occurred may override the State's Attorney or Assistant State's Attorney's rejection of the felony charge or charges or the case is designated by the State's Attorney or Assistant State's Attorney as a continuing investigation if the evidence supporting the charge is clear and convincing and the override is filed with the clerk of the circuit court and the State's Attorney; and (2) the State's Attorney or Assistant State's Attorney may rescind the override within 7 days after the override by petitioning the Chief Judge of the Criminal Division of the circuit court. Provides for petition requirements. Provides that, if the court determines that law enforcement agency's decision to override was based on clear and convincing evidence, the State's Attorney must proceed with a preliminary examination or seek an indictment by grand jury within 30 days from the date he or she was taken into custody or, if he or she is not in custody, 60 days from the date he or she was arrested. Provides that the decision of the court on the law enforcement agency's override is not appealable. Requires all State's Attorney Offices to collect and maintain data in a public database on all felony cases called in for review by law enforcement and specifies how the data shall be collected and disclosed. Requires notification of a victim or victim's family of rejection of a felony case.

Actions 
DateChamber Action
  10/18/2021HouseFiled with the Clerk by Rep. Jim Durkin
  10/19/2021HouseFirst Reading
  10/19/2021HouseReferred to Rules Committee
  10/20/2021HouseAdded Co-Sponsor Rep. Thomas M. Bennett
  10/26/2021HouseAdded Co-Sponsor Rep. Dan Ugaste
  10/27/2021HouseAdded Co-Sponsor Rep. Keith R. Wheeler
  10/27/2021HouseAdded Co-Sponsor Rep. Tony McCombie
  11/1/2021HouseAdded Co-Sponsor Rep. Tom Weber
  12/21/2021HouseAdded Co-Sponsor Rep. Daniel Swanson
  12/21/2021HouseAdded Chief Co-Sponsor Rep. Dan Brady
  12/21/2021HouseAdded Chief Co-Sponsor Rep. Tom Demmer
  12/21/2021HouseAdded Chief Co-Sponsor Rep. Dave Severin
  12/21/2021HouseAdded Chief Co-Sponsor Rep. Patrick Windhorst
  1/4/2022HouseAdded Co-Sponsor Rep. Mark Batinick
  1/4/2022HouseAdded Co-Sponsor Rep. Chris Bos
  1/4/2022HouseAdded Co-Sponsor Rep. Avery Bourne
  1/4/2022HouseAdded Co-Sponsor Rep. Tim Butler
  1/4/2022HouseAdded Co-Sponsor Rep. Dan Caulkins
  1/4/2022HouseAdded Co-Sponsor Rep. Andrew S. Chesney
  1/4/2022HouseAdded Co-Sponsor Rep. C.D. Davidsmeyer
  1/4/2022HouseAdded Co-Sponsor Rep. Amy Elik
  1/4/2022HouseAdded Co-Sponsor Rep. Randy E. Frese
  1/4/2022HouseAdded Co-Sponsor Rep. David Friess
  1/4/2022HouseAdded Co-Sponsor Rep. Amy Grant
  1/4/2022HouseAdded Co-Sponsor Rep. Jackie Haas
  1/4/2022HouseAdded Co-Sponsor Rep. Brad Halbrook
  1/4/2022HouseAdded Co-Sponsor Rep. Sandra Hamilton
  1/4/2022HouseAdded Co-Sponsor Rep. Norine K. Hammond
  1/4/2022HouseAdded Co-Sponsor Rep. Paul Jacobs
  1/4/2022HouseAdded Co-Sponsor Rep. Jeff Keicher
  1/4/2022HouseAdded Co-Sponsor Rep. Seth Lewis
  1/4/2022HouseAdded Co-Sponsor Rep. Mark Luft
  1/4/2022HouseAdded Co-Sponsor Rep. Michael T. Marron
  1/4/2022HouseAdded Co-Sponsor Rep. Deanne M. Mazzochi
  1/4/2022HouseAdded Co-Sponsor Rep. Martin McLaughlin
  1/4/2022HouseAdded Co-Sponsor Rep. Charles Meier
  1/4/2022HouseAdded Co-Sponsor Rep. Chris Miller
  1/4/2022HouseAdded Co-Sponsor Rep. Thomas Morrison
  1/4/2022HouseAdded Co-Sponsor Rep. Adam Niemerg
  1/4/2022HouseAdded Co-Sponsor Rep. Tim Ozinga
  1/4/2022HouseAdded Co-Sponsor Rep. Steven Reick
  1/4/2022HouseAdded Co-Sponsor Rep. Keith P. Sommer
  1/4/2022HouseAdded Co-Sponsor Rep. Joe Sosnowski
  1/4/2022HouseAdded Co-Sponsor Rep. Ryan Spain
  1/4/2022HouseAdded Co-Sponsor Rep. Bradley Stephens
  1/4/2022HouseAdded Co-Sponsor Rep. David A. Welter
  1/4/2022HouseAdded Co-Sponsor Rep. Blaine Wilhour
  2/9/2022HouseAssigned to Judiciary - Criminal Committee
  2/18/2022HouseRule 19(a) / Re-referred to Rules Committee