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Illinois Republicans are pushing for law to repeal prosecution

SPRINGFIELD, Illinois – Illinois Republicans are pushing for legislation that would help repeal prosecutors as some state lawmakers believe that police chiefs should have authority when law enforcement believes there is clear evidence.

“Crime is increasing. It’s getting worse and worse and we have a prosecutor looking the other way, ”said Jim Durkin, chairman of the House of Representatives minority.

Durkin called Cook County Attorney Kim Foxx on Monday to kick-start House Bill 4176, which was introduced in Springfield.

The law would only apply to Cook County and would give police chiefs the power to override the prosecutor’s decision not to prosecute a crime.

Durkin cited two recent Chicago cases – a fatal gang shootout in Austin in which Foxx led “mutual fighters” and the murder of 7-year-old Serenity Broughton.

In September, police arrested 24-year-old Aerion Luster, a suspect, but released him when Foxx refused to bring charges due to lack of evidence.

Police claim there were many, including cell phone recordings and evidence in Luster’s vehicle. Last week the Foxx office changed course and filed a complaint.

Kent College of Law, professor of law, Richard Kling, questions the timing and ethics of the new legislation, saying it is up to voters to vote out Kim Foxx if they are not satisfied with her.

“You cannot deprive the people who have elected a prosecutor the right to determine which charges will or will not be brought by giving authority to individual police departments. That would be a very dangerous precedent, ”said Kling.

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