Bill Text: IL HB4749 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Counties Code. Makes a technical change in a Section concerning reporting of information in counties of greater than 300,000 but less than 2,000,000.

Sponsorship: Bipartisan Bill

Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0982 [HB4749 Detail]

Download: Illinois-2011-HB4749-Enrolled.html

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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 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) Whenever the State's attorney is sick or absent, or
unable to attend, or is interested in any cause or proceeding,
civil or criminal, which it is or may be his duty to prosecute
or defend, the court in which said cause or proceeding is
pending may appoint some competent attorney to prosecute or
defend such cause or proceeding, and the attorney so appointed
shall have the same power and authority in relation to such
cause or proceeding as the State's attorney would have had if
present and attending to the same. Prior to appointing a
private attorney under this subsection (a), the court shall
contact public agencies, including but not limited to the
Office of Attorney General, Office of the State's Attorneys
Appellate Prosecutor, and 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

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(b) In 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
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

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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 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. 86-962.)
Section 99. Effective date. This Act takes effect upon
becoming law.