Dupage Policy Journal

Illinois House Minority Leader Jim Durkin (R-Western Springs) wants to give police another tool to move forward with charging suspects in violent crimes even if the state's attorney declines to do so. 

Durkin, a former assistant for the state attorney general and Cook County state's attorney, has introduced House Bill 4176 that would help law enforcement move forward with prosecution even if the state's attorney or assistant rejects the felony charges. 

"It really comes down to a simple formula: a safe society requires cooperation between our police and the prosecuting attorney to make sure cases are being appropriately charged and that local laws are being followed," Durkin said during an Oct. 18 news conference. 

Law enforcement agencies have raised concerns about the charging process, particularly following an August report by the Chicago Tribune that found Cook County State's Attorney Kim Foxx has dropped more felony cases at a higher rate than her predecessor. Durkin said law enforcement agencies in Cook County once had a strong relationship with the State's Attorney's Office, but that isn't the case recently.

"It seems as if that relationship has deteriorated whether by much-publicized stories of outright frustration of police with the Cook County State's Attorney Office, Kim Foxx and her office's failure to approve charges, or her office's jumping into police investigations into an abyss called 'continuing investigations,'" Durkin said during the news conference. "The problem that we see is real and has resulted in hardened criminals and bad actors avoiding responsibility for the crimes ultimately making our streets less safe."

According to the same Chicago Tribune report, nearly 30% of defendants in Cook County have had their charges dismissed in Foxx's first three years. Durkin said many police chiefs in the county have lost their confidence in Foxx who "believes more in the criminal class than the middle class."

"This bill will demand transparency and accountability in the Cook County criminal justice system," Durkin said. "Upon becoming law, this legislation will give local police the right to override the rejection or 'continuing investigation' designation of a forcible felony case where the state's attorney has rejected – where the evidence is clear and convincing. The state's attorney will be allowed to challenge that local law enforcement override in a court if they choose to do so."

Durkin said the bill would also require the state's attorney to publicly document forcible felony cases in which charges were rejected or labeled as a "continuing investigation."

He believes it would hold the state's attorney's office accountable for the victims of crimes.

According to the Illinois General Assembly website, the bill was filed on Oct. 18.