Jim Durkin
- Republican
Primary
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.
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Session Sine Die
Rule 19(a) / Re-referred to Rules Committee
Assigned to Judiciary - Criminal Committee
Added Co-Sponsor Rep. Ryan Spain
Added Co-Sponsor Rep. Deanne M. Mazzochi
Added Co-Sponsor Rep. Martin McLaughlin
Added Co-Sponsor Rep. Charles Meier
Added Co-Sponsor Rep. Chris Miller
Added Co-Sponsor Rep. Thomas Morrison
Added Co-Sponsor Rep. Adam Niemerg
Added Co-Sponsor Rep. Tim Ozinga
Added Co-Sponsor Rep. Steven Reick
Added Co-Sponsor Rep. Keith P. Sommer
Added Co-Sponsor Rep. Joe Sosnowski
Added Co-Sponsor Rep. Bradley Stephens
Added Co-Sponsor Rep. David A. Welter
Added Co-Sponsor Rep. Blaine Wilhour
Added Co-Sponsor Rep. Mark Batinick
Added Co-Sponsor Rep. Chris Bos
Added Co-Sponsor Rep. Avery Bourne
Added Co-Sponsor Rep. Tim Butler
Added Co-Sponsor Rep. Dan Caulkins
Added Co-Sponsor Rep. Andrew S. Chesney
Added Co-Sponsor Rep. C.D. Davidsmeyer
Added Co-Sponsor Rep. Amy Elik
Added Co-Sponsor Rep. Randy E. Frese
Added Co-Sponsor Rep. David Friess
Added Co-Sponsor Rep. Amy Grant
Added Co-Sponsor Rep. Jackie Haas
Added Co-Sponsor Rep. Brad Halbrook
Added Co-Sponsor Rep. Sandra Hamilton
Added Co-Sponsor Rep. Norine K. Hammond
Added Co-Sponsor Rep. Paul Jacobs
Added Co-Sponsor Rep. Jeff Keicher
Added Co-Sponsor Rep. Seth Lewis
Added Co-Sponsor Rep. Mark Luft
Added Co-Sponsor Rep. Michael T. Marron
Added Chief Co-Sponsor Rep. Dave Severin
Added Chief Co-Sponsor Rep. Dan Brady
Added Chief Co-Sponsor Rep. Tom Demmer
Added Chief Co-Sponsor Rep. Patrick Windhorst
Added Co-Sponsor Rep. Daniel Swanson
Added Co-Sponsor Rep. Tom Weber
Added Co-Sponsor Rep. Keith R. Wheeler
Added Co-Sponsor Rep. Tony McCombie
Added Co-Sponsor Rep. Dan Ugaste
Added Co-Sponsor Rep. Thomas M. Bennett
Referred to Rules Committee
First Reading
Filed with the Clerk by Rep. Jim Durkin
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