95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2775

 

Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 205/4   from Ch. 14, par. 4

    Amends the Attorney General Act. Makes a technical change in a Section concerning the duties of the Attorney General.


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A BILL FOR

 

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1     AN ACT concerning State government.
 
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 changing
5 Section 4 as follows:
 
6     (15 ILCS 205/4)  (from Ch. 14, par. 4)
7     Sec. 4. The duties of the Attorney General shall be--
8     First - To appear for and and represent the people of the
9 State before the supreme court in all cases in which the State
10 or the people of the State are interested.
11     Second - To institute and prosecute all actions and
12 proceedings in favor of or for the use of the State, which may
13 be necessary in the execution of the duties of any State
14 officer.
15     Third - To defend all actions and proceedings against any
16 State officer, in his official capacity, in any of the courts
17 of this State or the United States.
18     Fourth - To consult with and advise the several State's
19 Attorneys in matters relating to the duties of their office;
20 and when, in his judgment, the interest of the people of the
21 State requires it, he shall attend the trial of any party
22 accused of crime, and assist in the prosecution. When the
23 Attorney General has requested in writing that a State's

 

 

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1 Attorney initiate court proceedings to enforce any provisions
2 of the Election Code or to initiate a criminal prosecution with
3 respect to a violation of the Election Code, and when the
4 State's Attorney has declined in writing to initiate those
5 proceedings or prosecutions or when the State's Attorney has
6 neither initiated the proceedings or prosecutions nor
7 responded in writing to the Attorney General within 60 days of
8 the receipt of the request, the Attorney General may,
9 concurrently with or independently of the State's Attorney,
10 initiate such proceedings or prosecutions.
11     Fifth - To investigate alleged violations of the statutes
12 which the Attorney General has a duty to enforce and to conduct
13 other investigations in connection with assisting in the
14 prosecution of a criminal offense at the request of a State's
15 Attorney.
16     Sixth - To consult with and advise the governor and other
17 State officers, and give, when requested, written opinions upon
18 all legal or constitutional questions relating to the duties of
19 such officers respectively.
20     Seventh - To prepare, when necessary, proper drafts for
21 contracts and other writings relating to subjects in which the
22 State is interested.
23     Eighth - To give written opinions, when requested by either
24 branch of the general assembly, or any committee thereof, upon
25 constitutional or legal questions.
26     Ninth - To enforce the proper application of funds

 

 

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1 appropriated to the public institutions of the State, prosecute
2 breaches of trust in the administration of such funds, and,
3 when necessary, prosecute corporations for failure or refusal
4 to make the reports required by law.
5     Tenth - To keep, a register of all cases prosecuted or
6 defended by him, in behalf of the State or its officers, and of
7 all proceedings had in relation thereto, and to deliver the
8 same to his successor in office.
9     Eleventh - To keep on file in his office a copy of the
10 official opinions issued by the Attorney General and deliver
11 same to his successor.
12     Twelfth - To pay into the State treasury all moneys
13 received by him for the use of the State.
14     Thirteenth - To attend to and perform any other duty which
15 may, from time to time, be required of him by law.
16     Fourteenth - To attend, present evidence to and prosecute
17 indictments returned by each Statewide Grand Jury.
18 (Source: P.A. 94-291, eff. 7-21-05.)