Bill Text: IL SB1843 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 6-0)
Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0319 [SB1843 Detail]
Download: Illinois-2017-SB1843-Engrossed.html
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 6-0)
Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0319 [SB1843 Detail]
Download: Illinois-2017-SB1843-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 3-9008 as follows:
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6 | (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
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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 | ||||||
10 | in a cause or proceeding, civil or criminal, may file a | ||||||
11 | petition alleging that the State's Attorney is sick, absent, or | ||||||
12 | unable to fulfill his or her duties. The court shall consider | ||||||
13 | the petition, any documents filed in response, and if | ||||||
14 | necessary, grant a hearing to determine whether the State's | ||||||
15 | Attorney is sick, absent, or otherwise unable to fulfill his or | ||||||
16 | her duties. If the court finds that the State's Attorney is | ||||||
17 | sick, absent, or otherwise unable to fulfill his or her duties, | ||||||
18 | the court may appoint some competent attorney to prosecute or | ||||||
19 | defend the cause or proceeding. | ||||||
20 | (a-10) The court on its own motion, or an interested person | ||||||
21 | in a cause or proceeding, civil or criminal, may file a | ||||||
22 | petition alleging that the State's Attorney has an actual | ||||||
23 | conflict of interest in the cause or proceeding. The court |
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1 | shall consider the petition, any documents filed in response, | ||||||
2 | and if necessary, grant a hearing to determine whether the | ||||||
3 | State's Attorney has an actual conflict of interest in the | ||||||
4 | cause or proceeding. If the court finds that the petitioner has | ||||||
5 | proven by sufficient facts and evidence that the State's | ||||||
6 | Attorney has an actual conflict of interest in a specific case, | ||||||
7 | the court may appoint some competent attorney to prosecute or | ||||||
8 | defend the cause or proceeding. | ||||||
9 | (a-15) Notwithstanding subsections (a-5) and (a-10) of | ||||||
10 | this Section, the State's Attorney may file a petition to | ||||||
11 | recuse himself or herself from a cause or proceeding for any | ||||||
12 | other reason he or she deems appropriate and the court shall | ||||||
13 | appoint a special prosecutor as provided in this Section. | ||||||
14 | (a-17) In a county exceeding a population of 3,000,000, if | ||||||
15 | the court determines that the appointment of a special | ||||||
16 | prosecutor is required under subsection (a-10) or (a-15), the | ||||||
17 | court shall request the Office of the State's Attorneys | ||||||
18 | Appellate Prosecutor to serve as the special prosecutor where | ||||||
19 | the cause or proceeding is an officer-involved death, as that | ||||||
20 | term is defined in Section 1-5 of the Police and Community | ||||||
21 | Relations Improvement Act. If the Office of the State's | ||||||
22 | Attorneys Appellate Prosecutor accepts the request, the | ||||||
23 | State's Attorneys Appellate Prosecutor shall be appointed by | ||||||
24 | the court and shall have the same power and authority in | ||||||
25 | relation to the cause or proceeding as the State's Attorney | ||||||
26 | would have had if present and attending to the cause or |
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1 | proceedings. | ||||||
2 | (a-20) Except as provided in subsection (a-17), prior Prior | ||||||
3 | to appointing a private attorney under this Section, the court | ||||||
4 | shall contact public agencies, including, but not limited to, | ||||||
5 | the Office of Attorney General, Office of the State's Attorneys | ||||||
6 | Appellate Prosecutor, or local State's Attorney's Offices | ||||||
7 | throughout the State, to determine a public prosecutor's | ||||||
8 | availability to serve as a special prosecutor at no cost to the | ||||||
9 | county and shall appoint a public agency if they are able and | ||||||
10 | willing to accept the appointment. An attorney so appointed | ||||||
11 | shall have the same power and authority in relation to the | ||||||
12 | cause or proceeding as the State's Attorney would have if | ||||||
13 | present and attending to the cause or proceedings. | ||||||
14 | (b) In case of a vacancy of more than one year
occurring in | ||||||
15 | any county in the office of State's attorney, by death,
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16 | resignation or otherwise, and it becomes necessary for the | ||||||
17 | transaction
of the public business, that some competent | ||||||
18 | attorney act as State's
attorney in and for such county during | ||||||
19 | the period between the time of
the occurrence of such vacancy | ||||||
20 | and the election and qualification of a
State's attorney, as | ||||||
21 | provided by law, the vacancy shall be filled upon
the written | ||||||
22 | request of a majority of the circuit judges of the circuit
in | ||||||
23 | which is located the county where such vacancy exists, by | ||||||
24 | appointment
as provided in The Election Code of some competent | ||||||
25 | attorney to perform
and discharge all the duties of a State's | ||||||
26 | attorney in the said county,
such appointment and all authority |
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1 | thereunder to cease upon the election
and qualification of a | ||||||
2 | State's attorney, as provided by law. Any
attorney appointed | ||||||
3 | for any reason under this Section shall
possess all the powers | ||||||
4 | and discharge all the
duties of a regularly elected State's | ||||||
5 | attorney under the laws of the
State to the extent necessary to | ||||||
6 | fulfill the purpose of such
appointment, and shall be paid by | ||||||
7 | the county he serves not to exceed in
any one period of 12 | ||||||
8 | months, for the reasonable amount of time actually
expended in | ||||||
9 | carrying out the purpose of such appointment, the same | ||||||
10 | compensation
as provided by law for the State's attorney of the | ||||||
11 | county, apportioned,
in the case of lesser amounts of | ||||||
12 | compensation,
as to the time of service reasonably and actually | ||||||
13 | expended. The county shall participate in all agreements on the | ||||||
14 | rate of compensation of a special prosecutor.
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15 | (c) An order granting authority to a special prosecutor | ||||||
16 | must be construed strictly and narrowly by the court. The power | ||||||
17 | and authority of a special prosecutor shall not be expanded | ||||||
18 | without prior notice to the county. In the case of the proposed | ||||||
19 | expansion of a special prosecutor's power and authority, a | ||||||
20 | county may provide the court with information on the financial | ||||||
21 | impact of an expansion on the county. Prior to the signing of | ||||||
22 | an order requiring a county to pay for attorney's fees or | ||||||
23 | litigation expenses, the county shall be provided with a | ||||||
24 | detailed copy of the invoice describing the fees, and the | ||||||
25 | invoice shall include all activities performed in relation to | ||||||
26 | the case and the amount of time spent on each activity. |
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1 | (Source: P.A. 99-352, eff. 1-1-16 .)
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2 | Section 10. The State's Attorneys Appellate Prosecutor's | ||||||
3 | Act is amended by changing Section 4.01 as follows:
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4 | (725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
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5 | Sec. 4.01. (a) The Office and all attorneys employed | ||||||
6 | thereby may
represent the People of the State of Illinois on | ||||||
7 | appeal in all cases
which emanate from
a county containing less | ||||||
8 | than
3,000,000 inhabitants, when requested to do so and at the | ||||||
9 | direction of
the State's Attorney, otherwise responsible for | ||||||
10 | prosecuting the appeal,
and may, with the advice and consent of | ||||||
11 | the State's Attorney prepare,
file and argue such appellate | ||||||
12 | briefs in the Illinois Appellate
Court
and, when requested and | ||||||
13 | authorized to do so by the Attorney General, in the
Illinois | ||||||
14 | Supreme Court. | ||||||
15 | (b) Notwithstanding the population restriction contained | ||||||
16 | in subsection (a), the
The Office may also assist County | ||||||
17 | State's Attorneys in the
discharge of their duties under the | ||||||
18 | Illinois Controlled Substances Act,
the Cannabis Control Act, | ||||||
19 | the Methamphetamine Control and Community Protection Act, the | ||||||
20 | Drug Asset Forfeiture Procedure Act,
the Narcotics Profit | ||||||
21 | Forfeiture Act, and the Illinois Public Labor Relations
Act,
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22 | including negotiations conducted on behalf of a county or | ||||||
23 | pursuant to an
intergovernmental agreement as well as in the | ||||||
24 | trial
and appeal of said cases and of tax objections, and the |
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1 | counties which
use services relating to labor relations
shall | ||||||
2 | reimburse the Office on pro-rated shares as determined by the
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3 | board based upon the population and number of labor relations | ||||||
4 | cases of the
participating counties.
In addition, the Office | ||||||
5 | and all attorneys employed by the Office may also
assist | ||||||
6 | State's Attorneys in the discharge of their duties in the | ||||||
7 | prosecution,
trial, or hearing on post-conviction of other | ||||||
8 | cases when requested to do so by, and at the direction of,
the | ||||||
9 | State's Attorney otherwise responsible for the case. In | ||||||
10 | addition, the
Office and all attorneys employed by the Office | ||||||
11 | may act as Special Prosecutor
if duly appointed to do so by a | ||||||
12 | court having jurisdiction. Except when the appointment of a | ||||||
13 | Special Prosecutor is made pursuant to subsection (a-17) of | ||||||
14 | Section 3-9008 of the Counties Code, to
To be effective, the | ||||||
15 | order appointing the Office or
its attorneys as Special | ||||||
16 | Prosecutor must (i) identify the case and its
subject matter | ||||||
17 | and (ii) state that the Special Prosecutor serves at the
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18 | pleasure of the Attorney General, who may substitute himself or | ||||||
19 | herself as the
Special Prosecutor when, in his or her judgment, | ||||||
20 | the interest of the people of
the State so requires. Within 5 | ||||||
21 | days after receiving a copy of an order from
the
court | ||||||
22 | appointing the Office or any of its attorneys as a Special | ||||||
23 | Prosecutor,
the Office must forward a copy of the order to the | ||||||
24 | Springfield office of the
Attorney General.
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25 | (Source: P.A. 97-1012, eff. 8-17-12.)
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