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HB 3371

FELONY CHARGED AS MISDEMEANOR

104th Regular Session Introduced by Kelly Cassidy

HB 3371 lets State's Attorneys charge a felony as a misdemeanor at their discretion, broadening charging power but lacking standards or victim-notice requirements.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 3371

Summary — HB 3371 (2025) — "Felony Charged as Misdemeanor"

What the bill does (purpose)

HB 3371 amends the Code of Criminal Procedure of 1963 (725 ILCS 5/111‑1) to expressly authorize a State’s Attorney to charge an offense that is statutorily a felony as a misdemeanor, at the State’s Attorney’s discretion. The amendment explicitly places this charging authority in statute.

Key provision(s)

  • Amends Section 111‑1 (725 ILCS 5/111‑1) of the Code of Criminal Procedure of 1963.
  • Adds a new subsection (d) (or revises existing subsection): "A State's Attorney may charge a felony as a misdemeanor, in the State's Attorney's discretion."
  • The rest of Section 111‑1 (methods of prosecution, specified victims' rights for certain vehicle and reckless homicide offenses, notice to schools for sex offense prosecutions of employees) remains in place; the change is limited to charging discretion.

Who would be affected

  • Defendants: Persons alleged to have committed felony offenses could be charged at the lower misdemeanor level, affecting potential sentences, fines, incarceration exposure, probation, and collateral consequences (employment, licensing, immigration, record histories).
  • State’s Attorneys (prosecutors): Formalizes explicit statutory authority to reduce felony charges to misdemeanors, reinforcing prosecutorial charging discretion.
  • Courts: May see more cases filed initially as misdemeanors rather than felonies, altering case processing, filing mechanisms, and pretrial procedures.
  • Victims and victim advocates: Charging reductions can affect victims’ expectations and access to remedies; existing victims’ rights provisions in Section 111‑1 for certain offenses remain unchanged.
  • Public safety and communities: Potential impacts on sentencing severity and community safety outcomes depending on how charging discretion is exercised.

Practical and legal implications

  • Charging a felony as a misdemeanor typically reduces maximum penalties (shorter jail terms, lower fines) and can lessen long‑term collateral consequences tied to felony convictions.
  • The bill does not (a) set standards or criteria for when a prosecutor should reduce a charge, (b) require notice to victims, or (c) limit judicial review of charging decisions—so it grants broad, unspecific discretion to prosecutors.
  • The change is procedural/charging-focused; it does not itself alter statutory penalties for crimes, only the level at which offenses may be charged and prosecuted.

Legislative status and timeline

  • Introduced in the Illinois House by Rep. Kelly M. Cassidy (first reading: Feb 18, 2025; filed Feb 26, 2025).
  • Passed the House (third reading and passage: May 8, 2025).
  • Sent to the Senate (received May 9–12, 2025); referred to Senate committees (including State Affairs, Judiciary – Criminal, Finance) and most recently listed as Rule 19(a) / Re‑referred to Rules Committee.
  • Current status: Pending further Senate committee and rules action.

Notes for stakeholders

  • Defense attorneys, prosecutors, victims’ advocates, and court administrators should monitor any proposed implementing guidance or policy from State’s Attorneys’ offices, since the statute grants broad discretion without statutory criteria.
  • Because the bill does not specify limits or reporting requirements, different offices may adopt varying practices across counties, potentially creating uneven charging outcomes statewide.

Compiled from official sources — confirm details with the bill’s official record.

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