SB 3612 Illinois Senate · 102nd Regular Session

PROSECUTORIAL MISCONDUCT

Summary
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.
Bill status failed 1 of 4 stages cleared
Introduction
Jan 2022
Committee Review
Floor Vote
Governor
Introduced Jan 19, 2022 Last action Jan 10, 2023
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
1
Jan 19, 2022
Committee
Referred to Assignments
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Craig Wilcox
Craig Wilcox
RRepublican
IL
32