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


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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2021-02-23 - Assigned to Judiciary - Criminal Committee [HB0255 Detail]

Download: Illinois-2021-HB0255-Introduced.html


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

HB0255LRB102 02629 RLC 12632 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Police and Community Relations Improvement
5Act is amended by changing Section 1-10 as follows:
6 (50 ILCS 727/1-10)
7 Sec. 1-10. Investigation of officer-involved deaths;
8requirements.
9 (a) Each law enforcement agency shall have a written
10policy regarding the investigation of officer-involved deaths
11that involve a law enforcement officer employed by that law
12enforcement agency.
13 (b) Each officer-involved death investigation shall be
14conducted by at least 2 investigators, or an entity or agency
15comprised of at least 2 investigators, one of whom is the lead
16investigator. The lead investigator shall be a person
17certified by the Illinois Law Enforcement Training Standards
18Board as a Lead Homicide Investigator, or similar training
19approved by the Illinois Law Enforcement Training Standards
20Board or the Department of State Police, or similar training
21provided at an Illinois Law Enforcement Training Standards
22Board certified school. No investigator involved in the
23investigation may be employed by the law enforcement agency

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1that employs the officer involved in the officer-involved
2death, unless the investigator is employed by the Department
3of State Police and is not assigned to the same division or
4unit as the officer involved in the death.
5 (c) In addition to the requirements of subsection (b) of
6this Section, if the officer-involved death being investigated
7involves a motor vehicle accident, at least one investigator
8shall be certified by the Illinois Law Enforcement Training
9Standards Board as a Crash Reconstruction Specialist, or
10similar training approved by the Illinois Law Enforcement
11Training Standards Board or the Department of State Police, or
12similar training provided at an Illinois Law Enforcement
13Training Standards Board certified school. Notwithstanding the
14requirements of subsection (b) of this Section, the policy for
15a law enforcement agency, when the officer-involved death
16being investigated involves a motor vehicle collision, may
17allow the use of an investigator who is employed by that law
18enforcement agency and who is certified by the Illinois Law
19Enforcement Training Standards Board as a Crash Reconstruction
20Specialist, or similar training approved by the Illinois Law
21Enforcement Training and Standards Board, or similar certified
22training approved by the Department of State Police, or
23similar training provided at an Illinois Law Enforcement
24Training and Standards Board certified school.
25 (d) The investigators conducting the investigation shall,
26in an expeditious manner, provide a complete report to the

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1special prosecutor appointed by the court as provided in
2subsection (d-5) State's Attorney of the county in which the
3officer-involved death occurred.
4 (d-5) The chief judge of the circuit court of the circuit
5in which the law enforcement officer-involved death occurred
6shall appoint a special prosecutor to review the report of the
7investigators assigned to investigate an officer-involved
8death and to prosecute the officer involved in the death, if
9the special prosecutor determines that there is a basis for
10the prosecution.
11 (e) If the special prosecutor appointed by the court under
12subsection (d-5) State's Attorney, or a designated special
13prosecutor, determines there is no basis to prosecute the law
14enforcement officer involved in the officer-involved death, or
15if the law enforcement officer is not otherwise charged or
16indicted, the investigators shall publicly release a report.
17(Source: P.A. 99-352, eff. 1-1-16.)
18 Section 10. The Counties Code is amended by changing
19Section 3-9008 as follows:
20 (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
21 Sec. 3-9008. Appointment of attorney to perform duties.
22 (a) (Blank).
23 (a-5) The court on its own motion, or an interested person
24in a cause or proceeding, civil or criminal, may file a

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1petition alleging that the State's Attorney is sick, absent,
2or unable to fulfill his or her duties. The court shall
3consider the petition, any documents filed in response, and if
4necessary, grant a hearing to determine whether the State's
5Attorney is sick, absent, or otherwise unable to fulfill his
6or her duties. If the court finds that the State's Attorney is
7sick, absent, or otherwise unable to fulfill his or her
8duties, the court may appoint some competent attorney to
9prosecute or defend the cause or proceeding.
10 (a-10) The court on its own motion, or an interested
11person in a cause or proceeding, civil or criminal, may file a
12petition alleging that the State's Attorney has an actual
13conflict of interest in the cause or proceeding. The court
14shall consider the petition, any documents filed in response,
15and if necessary, grant a hearing to determine whether the
16State's Attorney has an actual conflict of interest in the
17cause or proceeding. If the court finds that the petitioner
18has proven by sufficient facts and evidence that the State's
19Attorney has an actual conflict of interest in a specific
20case, the court may appoint some competent attorney to
21prosecute or defend the cause or proceeding.
22 (a-11) In the case of an officer-involved death, as
23defined in Section 1-5 of the Police and Community Relations
24Improvement Act, the court shall appoint a special prosecutor
25to prosecute a law enforcement officer for an officer-involved
26death as provided in subsection (d-5) of Section 1-10 of that

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1Act.
2 (a-15) Notwithstanding subsections (a-5) and (a-10) of
3this Section, the State's Attorney may file a petition to
4recuse himself or herself from a cause or proceeding for any
5other reason he or she deems appropriate and the court shall
6appoint a special prosecutor as provided in this Section.
7 (a-20) Prior to appointing a private attorney under this
8Section, the court shall contact public agencies, including,
9but not limited to, the Office of Attorney General, Office of
10the State's Attorneys Appellate Prosecutor, or local State's
11Attorney's Offices throughout the State, to determine a public
12prosecutor's availability to serve as a special prosecutor at
13no cost to the county and shall appoint a public agency if they
14are able and willing to accept the appointment. An attorney so
15appointed shall have the same power and authority in relation
16to the cause or proceeding as the State's Attorney would have
17if present and attending to the cause or proceedings.
18 (b) In case of a vacancy of more than one year occurring in
19any county in the office of State's attorney, by death,
20resignation or otherwise, and it becomes necessary for the
21transaction of the public business, that some competent
22attorney act as State's attorney in and for such county during
23the period between the time of the occurrence of such vacancy
24and the election and qualification of a State's attorney, as
25provided by law, the vacancy shall be filled upon the written
26request of a majority of the circuit judges of the circuit in

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1which is located the county where such vacancy exists, by
2appointment as provided in The Election Code of some competent
3attorney to perform and discharge all the duties of a State's
4attorney in the said county, such appointment and all
5authority thereunder to cease upon the election and
6qualification of a State's attorney, as provided by law. Any
7attorney appointed for any reason under this Section shall
8possess all the powers and discharge all the duties of a
9regularly elected State's attorney under the laws of the State
10to the extent necessary to fulfill the purpose of such
11appointment, and shall be paid by the county he serves not to
12exceed in any one period of 12 months, for the reasonable
13amount of time actually expended in carrying out the purpose
14of such appointment, the same compensation as provided by law
15for the State's attorney of the county, apportioned, in the
16case of lesser amounts of compensation, as to the time of
17service reasonably and actually expended. The county shall
18participate in all agreements on the rate of compensation of a
19special prosecutor.
20 (c) An order granting authority to a special prosecutor
21must be construed strictly and narrowly by the court. The
22power and authority of a special prosecutor shall not be
23expanded without prior notice to the county. In the case of the
24proposed expansion of a special prosecutor's power and
25authority, a county may provide the court with information on
26the financial impact of an expansion on the county. Prior to

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1the signing of an order requiring a county to pay for
2attorney's fees or litigation expenses, the county shall be
3provided with a detailed copy of the invoice describing the
4fees, and the invoice shall include all activities performed
5in relation to the case and the amount of time spent on each
6activity.
7(Source: P.A. 99-352, eff. 1-1-16.)
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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