Bill Text: IL HB5534 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that a State's Attorney may not represent the State in the charging and prosecution of law enforcement officer-involved shootings within the county in which the State's Attorney serves. Provides that the court, on its own motion, shall file a petition alleging that the State's Attorney has an actual conflict of interest in the proceeding and shall appoint a special prosecutor as provided in this Section. Provides that the court shall attempt to appoint a public prosecutor from a public agency, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or another State's Attorney's office throughout the State. Includes provisions about the appointment of the special prosecutor and the special prosecutor's authority and fees.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2025-01-07 - Session Sine Die [HB5534 Detail]

Download: Illinois-2023-HB5534-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5534 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-9008.5 new
Amends the Counties Code. Provides that a State's Attorney may not represent the State in the charging and prosecution of law enforcement officer-involved shootings within the county in which the State's Attorney serves. Provides that the court, on its own motion, shall file a petition alleging that the State's Attorney has an actual conflict of interest in the proceeding and shall appoint a special prosecutor as provided in this Section. Provides that the court shall attempt to appoint a public prosecutor from a public agency, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or another State's Attorney's office throughout the State. Includes provisions about the appointment of the special prosecutor and the special prosecutor's authority and fees.
LRB103 37802 AWJ 67932 b
A BILL FOR
HB5534 LRB103 37802 AWJ 67932 b
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 adding Section
3-9008.5 as follows:
(55 ILCS 5/3-9008.5 new)
Sec. 3-9008.5. Prosecutions of law enforcement
officer-involved shootings.
(a) A State's Attorney may not represent the State in the
charging and prosecution of law enforcement officer-involved
shootings within the county in which the State's Attorney
serves. The court, on its own motion, shall file a petition
alleging that the State's Attorney has an actual conflict of
interest in the proceeding and shall appoint a special
prosecutor as provided in this Section.
(b) 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 another State's
Attorney's office throughout the State, to determine if a
public prosecutor is available to serve as a special
prosecutor at no cost to the county. If a public prosecutor is
available, the court shall appoint the public prosecutor if

HB5534 - 2 - LRB103 37802 AWJ 67932 b