HB5413ham001 96TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 2/25/2010

09600HB5413ham001 LRB096 18951 RLC 37498 a

AMENDMENT TO HOUSE BILL 5413

AMENDMENT NO. ______. Amend House Bill 5413 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 111-2.5 as follows:

(725 ILCS 5/111-2.5 new)

Sec. 111-2.5. State's Attorney; homicide; domestic violence. The State's Attorney may not charge a person with first degree murder, second degree murder, involuntary manslaughter, reckless homicide, or drug-induced homicide if the person killed had a documented history or pattern of physically abusing the person who committed the homicide and both the person who committed the homicide and the person killed were, at the time of the offense or previously, family or household members as defined in the Illinois Domestic Violence Act of 1986.".