SB3612 102ND GENERAL ASSEMBLY

LRB102 24603 RLC 33838 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3612

Introduced 1/19/2022, by Sen. Craig Wilcox

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33-10 new

Amends the Criminal Code of 2012. Creates the offense of prosecutorial misconduct. Provides that an elected or appointed State's Attorney commits prosecutorial misconduct when he or she: (1) knowingly initiates or continues a criminal proceeding against a defendant; (2) there was insufficient probable cause or grounds to believe the basis for initiating or continuing the criminal proceeding; (3) the primary purpose of the criminal proceeding was malice or political gain; (4) the criminal proceeding was terminated in favor of the defendant with an acquittal, finding of not guilty, or directed verdict; and (5) the defendant suffered injury or damages as a result of the criminal proceeding. Provides that prosecutorial misconduct is a Class 3 felony.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 33-10 as follows:

(720 ILCS 5/33-10 new)

Sec. 33-10. Prosecutorial misconduct.

(a) An elected or appointed State's Attorney commits prosecutorial misconduct when he or she:

(1) knowingly initiates or continues a criminal proceeding against a defendant;

(2) where there is insufficient probable cause or grounds to believe the basis for initiating or continuing the criminal proceeding;

(3) where the primary purpose of the criminal proceeding was malice or political gain;

(4) where the criminal proceeding was terminated in favor of the defendant with an acquittal, finding of not guilty, or directed verdict; and

(5) where the defendant suffers economic or reputational injury or damages as a result of the criminal proceeding.

(b) Sentence. Prosecutorial misconduct is a Class 3 felony.