SB3460 102ND GENERAL ASSEMBLY

LRB102 25497 AWJ 34785 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3460

Introduced 1/18/2022, by Sen. Dave Syverson - Steve Stadelman - Craig Wilcox

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1188 new
60 ILCS 1/85-70 new

Amends the Counties Code. Provides that, if a county board member, county board chairman, State's Attorney, or other countywide elected official is criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board shall review the alleged crimes to determine by a three-fifths vote of all members if the countywide elected official should be placed on administrative leave. Provides that, if the county board believes the official has been criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board shall send their determination to the State's Attorney or, if the determination is regarding the State's Attorney, the determination shall be sent to the Attorney General. Provides that, upon receipt of a determination from the county board, if the State's Attorney or Attorney General believes the crime or crimes to be germane to the official's duties, then the State's Attorney or Attorney General shall file a motion to place the elected official on administrative leave with the circuit court of the county. Provides that, upon receipt of the motion, the circuit court shall review and determine if the official shall be placed on administrative leave. Provides that the court may require the county to pay court costs or reasonable attorney fees, or both, if the court dismisses the action. Provides that, if the official is placed on administrative leave because a conflict exists, the official is barred from county property and performing the official's duties until the case is closed and the county board determines the conflict is resolved. Provides that the official shall continue to receive all compensation and benefits during the official's administrative leave. Provides that, if the county board puts an official on administrative leave, the board shall appoint a replacement for the official while the official is on administrative leave. Amends the Township Code. Makes similar changes. Effective immediately.

A BILL FOR

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 5-1188 as follows:

(55 ILCS 5/5-1188 new)

Sec. 5-1188. Administrative leave of a countywide elected official.

(a) If a county board member, county board chairman, State's Attorney, or other countywide elected official is criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board may vote to determine if the countywide elected official should be placed on administrative leave, with a three-fifths vote of all members, if the county board believes the official has been criminally charged with an infamous crime or of any offense involving a violation of his or her official oath. If approved by the county board, the determination to place the elected official on administrative leave shall be sent to the State's Attorney of the county or, if the determination is regarding the State's Attorney, the determination shall be sent to the Attorney General.

(b) Upon receipt of a determination from the county board under subsection (a), the State's Attorney shall review the alleged crimes to determine if the countywide elected official should be placed on administrative leave. If the State's Attorney believes the crime or crimes to be germane to the official's duties, the State's Attorney shall file a motion to place the elected official on administrative leave with the circuit court of the county.

Upon receipt of a determination from the county board under subsection (a) concerning the State's Attorney, the Attorney General shall review the alleged crimes to determine if the State's Attorney should be placed on administrative leave. If the Attorney General believes the crime or crimes to be germane to the State's Attorney's duties, the Attorney General shall file a motion to place the elected official on administrative leave with the circuit court of the county.

(c) Upon receipt of the motion filled by the State's Attorney or Attorney General under subsection (b), the circuit court of the county shall review the motion and determine if the official should be placed on administrative leave. If the court's written opinion approves the motion finding that the crime or crimes for which the official has been indicted are germane to the official's duties and that a conflict exists, then the official is barred from county property and performing the official's duties until the case is closed and the county board determines the conflict is resolved. The official shall continue to receive all compensation and benefits during the official's administrative leave.

(d) If the circuit court approves the motion to put an official on administrative leave as provided in subsection (c), the county board shall appoint a replacement for the official while the official is on administrative leave.

(e) If the circuit court approves the motion to put an official on administrative leave as provided in subsection (c), the official shall continue to receive all compensation and benefits during the official's administrative leave.

(f) If a judicial proceeding under this Section is dismissed in favor of the respondent, the court in its discretion may require the county in which the respondent serves to pay court costs or reasonable attorney fees, or both, for the respondent.

Section 10. The Township Code is amended by adding Section 85-70 as follows:

(60 ILCS 1/85-70 new)

Sec. 85-70. Administrative leave of a township officer.

(a) If a township officer is criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the township board may vote to determine if the township officer should be placed on administrative leave, with a three-fifths vote of all members, if the township board believes the official has been criminally charged with an infamous crime or of any offense involving a violation of his or her official oath. If approved by the township board, the determination to place the elected official on administrative leave shall be sent to the township attorney of the county.

(b) Upon receipt of a determination from the township board under subsection (a), the township attorney shall review the alleged crimes to determine if the township officer should be placed on administrative leave. If the township attorney believes the crime or crimes to be germane to the officer's duties, the township attorney shall file a motion to place the officer on administrative leave with the circuit court of the county where the township is located in.

(c) Upon receipt of the motion filled by the township attorney under subsection (b), the circuit court of the county shall review the motion and determine if the officer should be placed on administrative leave. If the court's written opinion approves the motion finding that the crime or crimes for which the officer has been indicted are germane to the officer's duties and that a conflict exists, then the officer is barred from township property and performing the officer's duties until the case is closed and the township board determines the conflict is resolved. The officer shall continue to receive all compensation and benefits during the officer's administrative leave.

(d) If the circuit court approves the motion to put an officer on administrative leave as provided in subsection (c), the township board shall appoint a replacement for the officer while the officer is on administrative leave.

(e) If the circuit court approves the motion to put an official on administrative leave as provided in subsection (c), the official shall continue to receive all compensation and benefits during the official's administrative leave.

(f) If a judicial proceeding under this Section is dismissed in favor of the respondent, the court in its discretion may require the township in which the respondent serves to pay court costs or reasonable attorney fees, or both, for the respondent.

Section 99. Effective date. This Act takes effect upon becoming law.