Dupage Policy Journal

State Sen. John Curran (R-Downers Grove) is backing legislation that would allow police to override a state attorney's decision to reject a felony charge. 

Curran said the measure, House Bill 4176, is an attempt by lawmakers to address concerns raised by those sworn to enforce the law.

"Those officials are on the front line in providing safety and order in their communities and they're being let down as they pursue those charges," Curran said during a news conference. "This will give those officials a process to pursue charges when they believe the State's Attorney's (is) applying a heightened standard."

The bill comes after a report by the Chicago Tribune that found Cook County State's Attorney Kim Foxx had dropped more felony cases at a higher rate than her predecessor. 

"This measure brings accountability to the criminal charging process in Cook County and, further, the public database that will be created through this measure also brings transparency to the public at large," Curran said.

Nearly 30% of defendants have had all their charges dismissed in Foxx's first three years as Cook County State's Attorney, according to that same report by the Chicago Tribune.

"The public is greatly concerned about the rapid increase in crime, violent crime that is occurring not only in the city but all throughout the suburbs," Curran said. "This will bring transparency and accountability to the entire process which the public certainly should and must demand of its officials."

Curran believes the standard for filing charges during that phase of the investigation should be "clear and convincing evidence," not the same standard of "beyond a reasonable doubt" that a jury is asked to uphold.