103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2574

 

Introduced 2/15/2023, by Rep. Angelica Guerrero-Cuellar

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/111-1.5 new

    Amends the Code of Criminal Procedure of 1963. Provides that, in a county with more than 3,000,000 inhabitants, if a law enforcement agency, peace officer, or member of the public presents evidence to the Office of the State's Attorney that there is probable cause that a person has committed an offense within that county and the State's Attorney or Assistant State's Attorney, after evaluating the evidence presented to the State's Attorney or Assistant State's Attorney, refuses to file a complaint, seek an indictment, present the evidence to a grand jury for investigation of the case, or sign an information charging the person with an offense, the State's Attorney or Assistant State's Attorney must provide a written statement to the local law enforcement agency of the jurisdiction where the alleged offense occurred of the reasons why the State's Attorney or Assistant State's Attorney did not seek prosecution of the case.


LRB103 05159 RLC 50174 b

 

 

A BILL FOR

 

HB2574LRB103 05159 RLC 50174 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 111-1.5 as follows:
 
6    (725 ILCS 5/111-1.5 new)
7    Sec. 111-1.5. State's Attorney; counties exceeding
83,000,000; nonprosecution of case. In a county with more than
93,000,000 inhabitants, if a law enforcement agency, peace
10officer, or member of the public presents evidence to the
11Office of the State's Attorney that there is probable cause
12that a person has committed an offense within that county and
13the State's Attorney or Assistant State's Attorney, after
14evaluating the evidence presented to the State's Attorney or
15Assistant State's Attorney, refuses to file a complaint, seek
16an indictment, present the evidence to a grand jury for
17investigation of the case, or sign an information charging the
18person with an offense, the State's Attorney or Assistant
19State's Attorney must provide a written statement to the local
20law enforcement agency of the jurisdiction where the alleged
21offense occurred of the reasons why the State's Attorney or
22Assistant State's Attorney did not seek prosecution of the
23case.