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91_HB2327
LRB9104350RCks
1 AN ACT in relation to prosecutorial misconduct.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Prosecutorial Misconduct Act.
6 Section 5. Definitions. In this Act:
7 "Prosecutor" means the Attorney General, Assistant
8 Attorney General, State's Attorney or Assistant State's
9 Attorney who prosecutes a criminal case.
10 "Prosecution" includes each stage of a criminal case from
11 the investigative stage to the final disposition of the case
12 or appeal.
13 "Prosecutorial misconduct" means the offense of official
14 misconduct as defined in Section 33-3 of the Criminal Code of
15 1961.
16 Section 10. Immunity denied; prosecutorial misconduct.
17 A prosecutor who commits prosecutorial misconduct is not
18 immune from civil liability for his or her misconduct.
19 Section 15. Referral of misconduct change to the
20 Attorney Registration and Disciplinary Commission. If a
21 prosecutor commits prosecutorial misconduct and the court is
22 aware of that misconduct, the court must order the clerk of
23 the court to transmit evidence of that misconduct to the
24 Attorney Registration and Disciplinary Commission.
25 Section 20. Supreme Court clerk transmittal to the
26 Attorney Registration and Disciplinary Commission. The Clerk
27 of the Supreme Court must transmit a list of all cases that
28 have been reversed because of prosecutorial misconduct to the
29 Attorney Registration and Disciplinary Commission.
-2- LRB9104350RCks
1 Section 905. The Local Governmental and Governmental
2 Employees Tort Immunity Act is amended by changing Section
3 2-208 as follows:
4 (745 ILCS 10/2-208) (from Ch. 85, par. 2-208)
5 Sec. 2-208. A public employee is not liable for injury
6 caused by his or her instituting or prosecuting any judicial
7 or administrative proceeding within the scope of his or her
8 employment, unless he or she acts maliciously and without
9 probable cause or commits an act of prosecutorial misconduct
10 as defined in Section 5 of the Prosecutorial Misconduct Act.
11 (Source: Laws 1965, p. 2983.)
12 Section 999. Effective date. This Act takes effect upon
13 becoming law.