100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3598

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-9008  from Ch. 34, par. 3-9008

    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.


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A BILL FOR

 

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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-12) A court considering the petition of an interested
10person to appoint a special prosecutor as prescribed under this
11Section shall presume, without demonstration from the
12petitioner, a conflict of interest on behalf of any State's
13Attorney not exclusively assigned to cases in which the
14defendant or defendants are members of any law enforcement
15agency, when the underlying charges concern misconduct
16allegedly committed by the officer during the performance of
17official duties, while in uniform, while on duty, or after
18announcing his or her status as a law enforcement officer.
19    (a-15) Notwithstanding subsections (a-5) and (a-10) of
20this Section, the State's Attorney may file a petition to
21recuse himself or herself from a cause or proceeding for any
22other reason he or she deems appropriate and the court shall
23appoint a special prosecutor as provided in this Section.
24    (a-20) Prior to appointing a private attorney under this
25Section, the court shall contact public agencies, including,
26but not limited to, the Office of Attorney General, Office of

 

 

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1the State's Attorneys Appellate Prosecutor, or local State's
2Attorney's Offices throughout the State, to determine a public
3prosecutor's availability to serve as a special prosecutor at
4no cost to the county and shall appoint a public agency if they
5are able and willing to accept the appointment. An attorney so
6appointed shall have the same power and authority in relation
7to the cause or proceeding as the State's Attorney would have
8if present and attending to the cause or proceedings.
9    (b) In case of a vacancy of more than one year occurring in
10any county in the office of State's attorney, by death,
11resignation or otherwise, and it becomes necessary for the
12transaction of the public business, that some competent
13attorney act as State's attorney in and for such county during
14the period between the time of the occurrence of such vacancy
15and the election and qualification of a State's attorney, as
16provided by law, the vacancy shall be filled upon the written
17request of a majority of the circuit judges of the circuit in
18which is located the county where such vacancy exists, by
19appointment as provided in The Election Code of some competent
20attorney to perform and discharge all the duties of a State's
21attorney in the said county, such appointment and all authority
22thereunder to cease upon the election and qualification of a
23State's attorney, as provided by law. Any attorney appointed
24for any reason under this Section shall possess all the powers
25and discharge all the duties of a regularly elected State's
26attorney under the laws of the State to the extent necessary to

 

 

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1fulfill the purpose of such appointment, and shall be paid by
2the county he serves not to exceed in any one period of 12
3months, for the reasonable amount of time actually expended in
4carrying out the purpose of such appointment, the same
5compensation as provided by law for the State's attorney of the
6county, apportioned, in the case of lesser amounts of
7compensation, as to the time of service reasonably and actually
8expended. The county shall participate in all agreements on the
9rate of compensation of a special prosecutor.
10    (c) An order granting authority to a special prosecutor
11must be construed strictly and narrowly by the court. The power
12and authority of a special prosecutor shall not be expanded
13without prior notice to the county. In the case of the proposed
14expansion of a special prosecutor's power and authority, a
15county may provide the court with information on the financial
16impact of an expansion on the county. Prior to the signing of
17an order requiring a county to pay for attorney's fees or
18litigation expenses, the county shall be provided with a
19detailed copy of the invoice describing the fees, and the
20invoice shall include all activities performed in relation to
21the case and the amount of time spent on each activity.
22(Source: P.A. 99-352, eff. 1-1-16.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.