Illinois 2023-2024 Regular Session

Illinois House Bill HB2574

Introduced
2/15/23  
Introduced
2/15/23  
Refer
2/28/23  
Refer
2/15/23  
Refer
3/10/23  
Refer
2/28/23  
Refer
3/5/24  
Refer
3/10/23  
Refer
4/5/24  
Refer
3/5/24  

Caption

CRIM PRO-FAIL TO PROSECUTE

Impact

The implementation of HB2574 is likely to affect how prosecutorial discretion is exercised within substantial urban areas. By mandating explanations for non-prosecution, the legislation aims to assure the public and law enforcement agencies that decisions are made with due diligence and are not arbitrary. This could foster increased collaboration between local law enforcement and the prosecutorial office, potentially leading to better-informed policies and public safety measures.

Summary

House Bill 2574 amends the Code of Criminal Procedure of 1963 specifically for counties in Illinois with populations exceeding 3 million. The bill establishes a requirement for State's Attorneys or Assistant State's Attorneys to provide a written statement to local law enforcement whenever they choose not to pursue prosecution based on evidence presented to them that indicates probable cause for an offense. This is aimed at enhancing accountability and transparency in prosecutorial decisions in densely populated regions, such as Cook County, where such decisions can significantly impact community trust in the legal system.

Contention

Debate surrounding HB2574 may arise from concerns over the potential administrative burden placed on State's Attorneys, particularly in high-traffic jurisdictions where resources are already stretched. Critics may argue that the requirement for detailed justifications could hinder the efficiency with which cases are handled. On the other side, proponents emphasize the importance of transparency to ensure that accountability mechanisms are in place and to build public trust in the criminal justice system, especially in light of rising crime rates and public scrutiny of law enforcement practices.

Companion Bills

No companion bills found.

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