FELONY OVERRIDE & DATABASE
Summary
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.
Bill status
failed
1 of 4 stages cleared
Introduction
Oct 2021
Committee Review
Floor Vote
Governor
Introduced Oct 18, 2021
Last action Jan 10, 2023
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
50
Key actions
0
Committee
3
Feb 18, 2022
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Feb 9, 2022
Committee
Assigned to Judiciary - Criminal Committee
lower
Oct 19, 2021
Committee
Referred to Rules Committee
lower
1 primary · 44 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jim Durkin
RRepublican
Co
Adam Niemerg
RRepublican
Co
Amy Elik
RRepublican
Co
Amy Grant
RRepublican
Co
Andrew Chesney
RRepublican
Co
Avery Bourne
RRepublican
Co
Blaine Wilhour
RRepublican
Co
Brad Halbrook
RRepublican
Co
Brad Stephens
RRepublican
Co
C.D. Davidsmeyer
RRepublican
Co
Charlie Meier
RRepublican
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