093_HB0946eng HB0946 Engrossed LRB093 05771 RCE 05864 b 1 AN ACT concerning the Attorney General. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Attorney General Act is amended by 5 changing Section 4 as follows: 6 (15 ILCS 205/4) (from Ch. 14, par. 4) 7 Sec. 4. Duties. The duties of the Attorney General shall 8 be-- 9 First - To appear for and represent the people of the 10 State before the supreme court in all cases in which the 11 State or the people of the State are interested. 12 Notwithstanding this provision, the Office of Public Counsel 13 shall be authorized to represent the interests of the people 14 of the State in all proceedings pertinent to utility 15 regulation, including cases before the supreme court, where 16 any such case is properly brought by the Office pursuant to 17 its statutory duties and powers. 18 Second - To institute and prosecute all actions and 19 proceedings in favor of or for the use of the State, which 20 may be necessary in the execution of the duties of any State 21 officer. 22 Third - To defend all actions and proceedings against any 23 State officer, in his official capacity, in any of the courts 24 of this State or the United States. 25 Fourth - To consult with and advise the several State's 26 Attorneys in matters relating to the duties of their office; 27 and when, in his judgment, the interest of the people of the 28 State requires it, he shall attend the trial of any party 29 accused of crime, and assist in the prosecution. When the 30 Attorney General has requested in writing that a State's 31 Attorney initiate court proceedings to enforce any provisions HB0946 Engrossed -2- LRB093 05771 RCE 05864 b 1 of the Election Code or to initiate a criminal prosecution 2 with respect to a violation of the Election Code, and when 3 the State's Attorney has declined in writing to initiate 4 those proceedings or prosecutions or when the State's 5 Attorney has neither initiated the proceedings or 6 prosecutions nor responded in writing to the Attorney General 7 within 60 days of the receipt of the request, the Attorney 8 General may, concurrently with or independently of the 9 State's Attorney, initiate such proceedings or prosecutions. 10 Fifth - To investigate alleged violations of the statutes 11 which the Attorney General has a duty to enforce and to 12 conduct other investigations in connection with assisting in 13 the prosecution of a criminal offense at the request of a 14 State's Attorney. 15 Sixth - To consult with and advise the governor and other 16 State officers, and give, when requested, written opinions 17 upon all legal or constitutional questions relating to the 18 duties of such officers respectively. 19 Seventh - To prepare, when necessary, proper drafts for 20 contracts and other writings relating to subjects in which 21 the State is interested. 22 Eighth - To give written opinions, when requested by 23 either branch of the general assembly, or any committee 24 thereof, upon constitutional or legal questions. 25 Ninth - To enforce the proper application of funds 26 appropriated to the public institutions of the State, 27 prosecute breaches of trust in the administration of such 28 funds, and, when necessary, prosecute corporations for 29 failure or refusal to make the reports required by law. 30 Tenth - To keep, a register of all cases prosecuted or 31 defended by him, in behalf of the State or its officers, and 32 of all proceedings had in relation thereto, and to deliver 33 the same to his successor in office. 34 Eleventh - To keep on file in his office a copy of the HB0946 Engrossed -3- LRB093 05771 RCE 05864 b 1 official opinions issued by the Attorney General and deliver 2 same to his successor. 3 Twelfth - To pay into the State treasury all moneys 4 received by him for the use of the State. 5 Thirteenth - To attend to and perform any other duty 6 which may, from time to time, be required of him by law. 7 Fourteenth - To attend, present evidence to and prosecute 8 indictments returned by each Statewide Grand Jury. 9 (Source: P.A. 87-466.)