Bill Amendment: IL SB3460 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL OFFICIALS-ADMIN LEAVE
Status: 2022-03-31 - Added Alternate Co-Sponsor Rep. Tony McCombie [SB3460 Detail]
Download: Illinois-2021-SB3460-Senate_Amendment_002.html
Bill Title: LOCAL OFFICIALS-ADMIN LEAVE
Status: 2022-03-31 - Added Alternate Co-Sponsor Rep. Tony McCombie [SB3460 Detail]
Download: Illinois-2021-SB3460-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 3460
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2 | AMENDMENT NO. ______. Amend Senate Bill 3460, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Counties Code is amended by adding Section | ||||||
6 | 5-1188 as follows:
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7 | (55 ILCS 5/5-1188 new) | ||||||
8 | Sec. 5-1188. Administrative leave of a countywide elected | ||||||
9 | official. | ||||||
10 | (a) If a county board member, county board chairman, | ||||||
11 | State's Attorney, or other countywide elected official is | ||||||
12 | criminally charged with an infamous crime or of any offense | ||||||
13 | involving a violation of his or her official oath, the county | ||||||
14 | board may vote to determine if the countywide elected official | ||||||
15 | should be placed on administrative leave, with a three-fifths | ||||||
16 | vote of all members, if the county board believes the official |
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1 | has been criminally charged with an infamous crime or of any | ||||||
2 | offense involving a violation of his or her official oath. If | ||||||
3 | approved by the county board, the determination to place the | ||||||
4 | elected official on administrative leave shall be sent to the | ||||||
5 | State's Attorney of the county or, if the determination is | ||||||
6 | regarding the State's Attorney or if the State's Attorney has | ||||||
7 | a conflict of interest, the county board shall petition the | ||||||
8 | court for the appointment of a special State's Attorney to | ||||||
9 | review the board's determination. | ||||||
10 | (b) Upon receipt of a determination from the county board | ||||||
11 | under subsection (a), the State's Attorney shall review the | ||||||
12 | alleged crimes to determine if the countywide elected official | ||||||
13 | should be placed on administrative leave. If the State's | ||||||
14 | Attorney believes the crime or crimes to be germane to the | ||||||
15 | official's duties, the State's Attorney shall file a petition | ||||||
16 | with the circuit court of the county for a rule to show cause | ||||||
17 | why not to place the elected official on administrative leave. | ||||||
18 | Upon receipt of a determination from the county board | ||||||
19 | under subsection (a) concerning the State's Attorney or if the | ||||||
20 | State's Attorney has a conflict of interest, the special | ||||||
21 | State's Attorney shall review the alleged crimes to determine | ||||||
22 | if the State's Attorney or official should be placed on | ||||||
23 | administrative leave. If the special State's Attorney believes | ||||||
24 | the crime or crimes to be germane to the State's Attorney's or | ||||||
25 | official's duties, the special State's Attorney shall file a | ||||||
26 | petition with the circuit court of the county for a rule to |
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1 | show cause why not to place the elected official on | ||||||
2 | administrative leave. | ||||||
3 | (c) As soon as the petition is filed with the court, the | ||||||
4 | court shall issue a rule requiring the officer to show cause | ||||||
5 | why he or she should not be put on administrative leave, the | ||||||
6 | rule alleging in general terms the cause or causes for such | ||||||
7 | leave. The rule shall be returnable in not less than 10 nor | ||||||
8 | more than 30 days and shall be served upon the officer with a | ||||||
9 | copy of the petition. Upon return of the rule duly executed, | ||||||
10 | unless good cause is shown for a continuance or postponement | ||||||
11 | to a later day in the term, the case shall be tried on the day | ||||||
12 | named in the rule and take precedence over all other cases on | ||||||
13 | the docket. If, after trial, the court determined that the | ||||||
14 | officer should be placed on administrative leave, the officer | ||||||
15 | shall be removed from office. | ||||||
16 | (d) If it is determined that the officer should be placed | ||||||
17 | on administrative leave as provided in subsection (c), the | ||||||
18 | county board shall appoint a replacement for the official | ||||||
19 | while the official is on administrative leave. | ||||||
20 | (e) If it is determined that the officer should be placed | ||||||
21 | on administrative leave as provided in subsection (c), the | ||||||
22 | official shall continue to receive all compensation and | ||||||
23 | benefits during the official's administrative leave. | ||||||
24 | (f) If a judicial proceeding under this Section is | ||||||
25 | dismissed in favor of the respondent, the court, in its | ||||||
26 | discretion, may require the county in which the respondent |
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1 | serves to pay court costs or reasonable attorney fees, or | ||||||
2 | both, for the respondent. | ||||||
3 | (g) This Section applies to counties with a population of | ||||||
4 | less than 500,000 people.
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5 | Section 10. The Township Code is amended by adding Section | ||||||
6 | 85-70 as follows:
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7 | (60 ILCS 1/85-70 new) | ||||||
8 | Sec. 85-70. Administrative leave of a township officer. | ||||||
9 | (a) If a township officer is criminally charged with an | ||||||
10 | infamous crime or of any offense involving a violation of his | ||||||
11 | or her official oath, the township board may vote to determine | ||||||
12 | if the township officer should be placed on administrative | ||||||
13 | leave, with a three-fifths vote of all members, if the | ||||||
14 | township board believes the official has been criminally | ||||||
15 | charged with an infamous crime or of any offense involving a | ||||||
16 | violation of his or her official oath. If approved by the | ||||||
17 | township board, the determination to place the elected | ||||||
18 | official on administrative leave shall be sent to the township | ||||||
19 | attorney of the county. | ||||||
20 | (b) Upon receipt of a determination from the township | ||||||
21 | board under subsection (a), the township attorney shall review | ||||||
22 | the alleged crimes to determine if the township officer should | ||||||
23 | be placed on administrative leave. If the township attorney | ||||||
24 | believes the crime or crimes to be germane to the officer's |
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1 | duties, the township attorney shall file a petition with the | ||||||
2 | circuit court of the county where the township is located in | ||||||
3 | for a rule to show cause why not to place the elected official | ||||||
4 | on administrative leave. | ||||||
5 | (c) As soon as the petition is filed with the court, the | ||||||
6 | court shall issue a rule requiring the township officer to | ||||||
7 | show cause why he or she should not be put on administrative | ||||||
8 | leave, the rule alleging in general terms the cause or causes | ||||||
9 | for such leave. The rule shall be returnable in not less than | ||||||
10 | 10 nor more than 30 days and shall be served upon the officer | ||||||
11 | with a copy of the petition. Upon return of the rule duly | ||||||
12 | executed, unless good cause is shown for a continuance or | ||||||
13 | postponement to a later day in the term, the case shall be | ||||||
14 | tried on the day named in the rule and take precedence over all | ||||||
15 | other cases on the docket. If, after trial, the court | ||||||
16 | determined that the township officer should be placed on | ||||||
17 | administrative leave, the township officer shall be removed | ||||||
18 | from office. | ||||||
19 | (d) If it is determined that the township officer should | ||||||
20 | be placed on administrative leave as provided in subsection | ||||||
21 | (c), the township board shall appoint a replacement for the | ||||||
22 | officer while the officer is on administrative leave. | ||||||
23 | (e) If it is determined that the township officer should | ||||||
24 | be placed on administrative leave as provided in subsection | ||||||
25 | (c), the official shall continue to receive all compensation | ||||||
26 | and benefits during the official's administrative leave. |
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1 | (f) If a judicial proceeding under this Section is | ||||||
2 | dismissed in favor of the respondent, the court, in its | ||||||
3 | discretion, may require the township in which the respondent | ||||||
4 | serves to pay court costs or reasonable attorney fees, or | ||||||
5 | both, for the respondent. | ||||||
6 | (g) This Section applies to townships within counties with | ||||||
7 | a population of less than 500,000 people.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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