Bill Text: IL SB1843 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Counties Code. Provides that a court considering the petition of an interested person to appoint a special prosecutor shall presume, without demonstration from the petitioner, a conflict of interest on behalf of any State's Attorney not exclusively assigned to cases in which the defendant or defendants are members of any law enforcement agency, when the underlying charges concern misconduct allegedly committed by the officer during the performance of official duties, while in uniform, while on duty, or after announcing his or her status as a law enforcement officer. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2017-05-26 - Final Action Deadline Extended-9(b) May 31, 2017 [SB1843 Detail]

Download: Illinois-2017-SB1843-Engrossed.html



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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 Counties Code is amended by changing Section
53-9008 as follows:
6 (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
7 Sec. 3-9008. Appointment of attorney to perform duties.
8 (a) (Blank).
9 (a-5) The court on its own motion, or an interested person
10in a cause or proceeding, civil or criminal, may file a
11petition alleging that the State's Attorney is sick, absent, or
12unable to fulfill his or her duties. The court shall consider
13the petition, any documents filed in response, and if
14necessary, grant a hearing to determine whether the State's
15Attorney is sick, absent, or otherwise unable to fulfill his or
16her duties. If the court finds that the State's Attorney is
17sick, absent, or otherwise unable to fulfill his or her duties,
18the court may appoint some competent attorney to prosecute or
19defend the cause or proceeding.
20 (a-10) The court on its own motion, or an interested person
21in a cause or proceeding, civil or criminal, may file a
22petition alleging that the State's Attorney has an actual
23conflict of interest in the cause or proceeding. The court

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1shall consider the petition, any documents filed in response,
2and if necessary, grant a hearing to determine whether the
3State's Attorney has an actual conflict of interest in the
4cause or proceeding. If the court finds that the petitioner has
5proven by sufficient facts and evidence that the State's
6Attorney has an actual conflict of interest in a specific case,
7the court may appoint some competent attorney to prosecute or
8defend the cause or proceeding.
9 (a-15) Notwithstanding subsections (a-5) and (a-10) of
10this Section, the State's Attorney may file a petition to
11recuse himself or herself from a cause or proceeding for any
12other reason he or she deems appropriate and the court shall
13appoint a special prosecutor as provided in this Section.
14 (a-17) In a county exceeding a population of 3,000,000, if
15the court determines that the appointment of a special
16prosecutor is required under subsection (a-10) or (a-15), the
17court shall request the Office of the State's Attorneys
18Appellate Prosecutor to serve as the special prosecutor where
19the cause or proceeding is an officer-involved death, as that
20term is defined in Section 1-5 of the Police and Community
21Relations Improvement Act. If the Office of the State's
22Attorneys Appellate Prosecutor accepts the request, the
23State's Attorneys Appellate Prosecutor shall be appointed by
24the court and shall have the same power and authority in
25relation to the cause or proceeding as the State's Attorney
26would have had if present and attending to the cause or

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

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

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1(Source: P.A. 99-352, eff. 1-1-16.)
2 Section 10. The State's Attorneys Appellate Prosecutor's
3Act is amended by changing Section 4.01 as follows:
4 (725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
5 Sec. 4.01. (a) The Office and all attorneys employed
6thereby may represent the People of the State of Illinois on
7appeal in all cases which emanate from a county containing less
8than 3,000,000 inhabitants, when requested to do so and at the
9direction of the State's Attorney, otherwise responsible for
10prosecuting the appeal, and may, with the advice and consent of
11the State's Attorney prepare, file and argue such appellate
12briefs in the Illinois Appellate Court and, when requested and
13authorized to do so by the Attorney General, in the Illinois
14Supreme Court.
15 (b) Notwithstanding the population restriction contained
16in subsection (a), the The Office may also assist County
17State's Attorneys in the discharge of their duties under the
18Illinois Controlled Substances Act, the Cannabis Control Act,
19the Methamphetamine Control and Community Protection Act, the
20Drug Asset Forfeiture Procedure Act, the Narcotics Profit
21Forfeiture Act, and the Illinois Public Labor Relations Act,
22including negotiations conducted on behalf of a county or
23pursuant to an intergovernmental agreement as well as in the
24trial and appeal of said cases and of tax objections, and the

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1counties which use services relating to labor relations shall
2reimburse the Office on pro-rated shares as determined by the
3board based upon the population and number of labor relations
4cases of the participating counties. In addition, the Office
5and all attorneys employed by the Office may also assist
6State's Attorneys in the discharge of their duties in the
7prosecution, trial, or hearing on post-conviction of other
8cases when requested to do so by, and at the direction of, the
9State's Attorney otherwise responsible for the case. In
10addition, the Office and all attorneys employed by the Office
11may act as Special Prosecutor if duly appointed to do so by a
12court having jurisdiction. Except when the appointment of a
13Special Prosecutor is made pursuant to subsection (a-17) of
14Section 3-9008 of the Counties Code, to To be effective, the
15order appointing the Office or its attorneys as Special
16Prosecutor must (i) identify the case and its subject matter
17and (ii) state that the Special Prosecutor serves at the
18pleasure of the Attorney General, who may substitute himself or
19herself as the Special Prosecutor when, in his or her judgment,
20the interest of the people of the State so requires. Within 5
21days after receiving a copy of an order from the court
22appointing the Office or any of its attorneys as a Special
23Prosecutor, the Office must forward a copy of the order to the
24Springfield office of the Attorney General.
25(Source: P.A. 97-1012, eff. 8-17-12.)
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