Bill Status of SB 3612   102nd General Assembly


Short Description:  PROSECUTORIAL MISCONDUCT

Senate Sponsors
Sen. Craig Wilcox

Last Action  View All Actions

DateChamber Action
  1/10/2023SenateSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/33-10 new

Synopsis As Introduced
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.

Actions 
DateChamber Action
  1/19/2022SenateFiled with Secretary by Sen. Craig Wilcox
  1/19/2022SenateFirst Reading
  1/19/2022SenateReferred to Assignments
  1/10/2023SenateSession Sine Die

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