103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5534
 
Introduced 2/9/2024, 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
 
HB5534LRB103 37802 AWJ 67932 b

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 adding Section 
53-9008.5 as follows:
 
6    (55 ILCS 5/3-9008.5 new)
7    Sec. 3-9008.5. Prosecutions of law enforcement 
8officer-involved shootings.
9    (a) A State's Attorney may not represent the State in the 
10charging and prosecution of law enforcement officer-involved 
11shootings within the county in which the State's Attorney 
12serves. The court, on its own motion, shall file a petition 
13alleging that the State's Attorney has an actual conflict of 
14interest in the proceeding and shall appoint a special 
15prosecutor as provided in this Section.
16    (b) Prior to appointing a private attorney under this 
17Section, the court shall contact public agencies, including, 
18but not limited to, the Office of Attorney General, Office of 
19the State's Attorneys Appellate Prosecutor, or another State's 
20Attorney's office throughout the State, to determine if a 
21public prosecutor is available to serve as a special 
22prosecutor at no cost to the county. If a public prosecutor is 
23available, the court shall appoint the public prosecutor if 
 
 
HB5534- 2 -LRB103 37802 AWJ 67932 b

1the individual is able and willing to accept the appointment 
2as special prosecutor. An attorney appointed under this 
3subsection shall have the same power and authority in relation 
4to the cause or proceeding as the State's Attorney would have 
5if present and attending to the cause or proceeding.
6    (c) An order granting authority to a special prosecutor 
7must be construed strictly and narrowly by the court. The 
8power and authority of a special prosecutor shall not be 
9expanded without prior notice to the county. In the case of the 
10proposed expansion of a special prosecutor's power and 
11authority, a county may provide the court with information on 
12the financial impact of an expansion on the county. Prior to 
13the signing of an order requiring a county to pay for 
14attorney's fees or litigation expenses, the county shall be 
15provided with a detailed copy of the invoice describing the 
16fees, and the invoice shall include all activities performed 
17in relation to the case and the amount of time spent on each 
18activity.