Bill Text: IL HB0255 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Police and Community Relations Improvement Act. Provides that in the case of a law enforcement officer-involved death, the chief judge of the circuit court of the circuit in which the law enforcement officer-involved death occurred shall appoint a special prosecutor to review the report of the investigators assigned to investigate an officer-involved death and to prosecute the officer involved in the death, if the special prosecutor determines that there is a basis for the prosecution. Amends the Counties Code to make conforming changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Introduced - Dead) 2021-04-16 - Added Co-Sponsor Rep. Curtis J. Tarver, II [HB0255 Detail]

Download: Illinois-2021-HB0255-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0255 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
50 ILCS 727/1-10
55 ILCS 5/3-9008 from Ch. 34, par. 3-9008
Amends the Police and Community Relations Improvement Act. Provides that in the case of a law enforcement officer-involved death, the chief judge of the circuit court of the circuit in which the law enforcement officer-involved death occurred shall appoint a special prosecutor to review the report of the investigators assigned to investigate an officer-involved death and to prosecute the officer involved in the death, if the special prosecutor determines that there is a basis for the prosecution. Amends the Counties Code to make conforming changes. Effective immediately.
LRB102 02629 RLC 12632 b
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Police and Community Relations Improvement
Act is amended by changing Section 1-10 as follows:
(50 ILCS 727/1-10)
Sec. 1-10. Investigation of officer-involved deaths;
requirements.
(a) Each law enforcement agency shall have a written
policy regarding the investigation of officer-involved deaths
that involve a law enforcement officer employed by that law
enforcement agency.
(b) Each officer-involved death investigation shall be
conducted by at least 2 investigators, or an entity or agency
comprised of at least 2 investigators, one of whom is the lead
investigator. The lead investigator shall be a person
certified by the Illinois Law Enforcement Training Standards
Board as a Lead Homicide Investigator, or similar training
approved by the Illinois Law Enforcement Training Standards
Board or the Department of State Police, or similar training
provided at an Illinois Law Enforcement Training Standards
Board certified school. No investigator involved in the
investigation may be employed by the law enforcement agency

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that employs the officer involved in the officer-involved
death, unless the investigator is employed by the Department
of State Police and is not assigned to the same division or
unit as the officer involved in the death.
(c) In addition to the requirements of subsection (b) of
this Section, if the officer-involved death being investigated
involves a motor vehicle accident, at least one investigator
shall be certified by the Illinois Law Enforcement Training
Standards Board as a Crash Reconstruction Specialist, or
similar training approved by the Illinois Law Enforcement
Training Standards Board or the Department of State Police, or
similar training provided at an Illinois Law Enforcement
Training Standards Board certified school. Notwithstanding the
requirements of subsection (b) of this Section, the policy for
a law enforcement agency, when the officer-involved death
being investigated involves a motor vehicle collision, may
allow the use of an investigator who is employed by that law
enforcement agency and who is certified by the Illinois Law
Enforcement Training Standards Board as a Crash Reconstruction
Specialist, or similar training approved by the Illinois Law
Enforcement Training and Standards Board, or similar certified
training approved by the Department of State Police, or
similar training provided at an Illinois Law Enforcement
Training and Standards Board certified school.
(d) The investigators conducting the investigation shall,
in an expeditious manner, provide a complete report to the

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special prosecutor appointed by the court as provided in
subsection (d-5) State's Attorney of the county in which the
officer-involved death occurred.
(d-5) The chief judge of the circuit court of the circuit
in which the law enforcement officer-involved death occurred
shall appoint a special prosecutor to review the report of the
investigators assigned to investigate an officer-involved
death and to prosecute the officer involved in the death, if
the special prosecutor determines that there is a basis for
the prosecution.
(e) If the special prosecutor appointed by the court under
subsection (d-5) State's Attorney, or a designated special
prosecutor, determines there is no basis to prosecute the law
enforcement officer involved in the officer-involved death, or
if the law enforcement officer is not otherwise charged or
indicted, the investigators shall publicly release a report.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 10. The Counties Code is amended by changing
Section 3-9008 as follows:
(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
Sec. 3-9008. Appointment of attorney to perform duties.
(a) (Blank).
(a-5) The court on its own motion, or an interested person
in a cause or proceeding, civil or criminal, may file a

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petition alleging that the State's Attorney is sick, absent,
or unable to fulfill his or her duties. The court shall
consider the petition, any documents filed in response, and if
necessary, grant a hearing to determine whether the State's
Attorney is sick, absent, or otherwise unable to fulfill his
or her duties. If the court finds that the State's Attorney is
sick, absent, or otherwise unable to fulfill his or her
duties, the court may appoint some competent attorney to
prosecute or defend the cause or proceeding.
(a-10) The court on its own motion, or an interested
person in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney has an actual
conflict of interest in the cause or proceeding. The court
shall consider the petition, any documents filed in response,
and if necessary, grant a hearing to determine whether the
State's Attorney has an actual conflict of interest in the
cause or proceeding. If the court finds that the petitioner
has proven by sufficient facts and evidence that the State's
Attorney has an actual conflict of interest in a specific
case, the court may appoint some competent attorney to
prosecute or defend the cause or proceeding.
(a-11) In the case of an officer-involved death, as
defined in Section 1-5 of the Police and Community Relations
Improvement Act, the court shall appoint a special prosecutor
to prosecute a law enforcement officer for an officer-involved
death as provided in subsection (d-5) of Section 1-10 of that

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Act.
(a-15) Notwithstanding subsections (a-5) and (a-10) of
this Section, the State's Attorney may file a petition to
recuse himself or herself from a cause or proceeding for any
other reason he or she deems appropriate and the court shall
appoint a special prosecutor as provided in this Section.
(a-20) Prior to appointing a private attorney under this
Section, the court shall contact public agencies, including,
but not limited to, the Office of Attorney General, Office of
the State's Attorneys Appellate Prosecutor, or local State's
Attorney's Offices throughout the State, to determine a public
prosecutor's availability to serve as a special prosecutor at
no cost to the county and shall appoint a public agency if they
are able and willing to accept the appointment. An attorney so
appointed shall have the same power and authority in relation
to the cause or proceeding as the State's Attorney would have
if present and attending to the cause or proceedings.
(b) In case of a vacancy of more than one year occurring in
any county in the office of State's attorney, by death,
resignation or otherwise, and it becomes necessary for the
transaction of the public business, that some competent
attorney act as State's attorney in and for such county during
the period between the time of the occurrence of such vacancy
and the election and qualification of a State's attorney, as
provided by law, the vacancy shall be filled upon the written
request of a majority of the circuit judges of the circuit in

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which is located the county where such vacancy exists, by
appointment as provided in The Election Code of some competent
attorney to perform and discharge all the duties of a State's
attorney in the said county, such appointment and all
authority thereunder to cease upon the election and
qualification of a State's attorney, as provided by law. Any
attorney appointed for any reason under this Section shall
possess all the powers and discharge all the duties of a
regularly elected State's attorney under the laws of the State
to the extent necessary to fulfill the purpose of such
appointment, and shall be paid by the county he serves not to
exceed in any one period of 12 months, for the reasonable
amount of time actually expended in carrying out the purpose
of such appointment, the same compensation as provided by law
for the State's attorney of the county, apportioned, in the
case of lesser amounts of compensation, as to the time of
service reasonably and actually expended. The county shall
participate in all agreements on the rate of compensation of a
special prosecutor.
(c) An order granting authority to a special prosecutor
must be construed strictly and narrowly by the court. The
power and authority of a special prosecutor shall not be
expanded without prior notice to the county. In the case of the
proposed expansion of a special prosecutor's power and
authority, a county may provide the court with information on
the financial impact of an expansion on the county. Prior to

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the signing of an order requiring a county to pay for
attorney's fees or litigation expenses, the county shall be
provided with a detailed copy of the invoice describing the
fees, and the invoice shall include all activities performed
in relation to the case and the amount of time spent on each
activity.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.