Full Text of HB0255 102nd General Assembly
HB0255 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0255 Introduced 1/29/2021, by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: |
| 50 ILCS 727/1-10 | |
55 ILCS 5/3-9008 | from Ch. 34, par. 3-9008 |
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Amends the Police and Community Relations Improvement Act. Provides that in the case of a law enforcement officer-involved death, the chief judge of the circuit court of the circuit in which the law enforcement officer-involved death occurred shall appoint a special prosecutor to review the report of the investigators assigned to investigate an officer-involved death and to prosecute the officer involved in the death, if the special prosecutor determines that there is a basis for the prosecution. Amends the Counties Code to make conforming changes. Effective immediately.
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| | A BILL FOR |
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| | | HB0255 | | LRB102 02629 RLC 12632 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Police and Community Relations Improvement | 5 | | Act is amended by changing Section 1-10 as follows: | 6 | | (50 ILCS 727/1-10)
| 7 | | Sec. 1-10. Investigation of officer-involved deaths; | 8 | | requirements.
| 9 | | (a) Each law enforcement agency shall have a written | 10 | | policy regarding the investigation of officer-involved deaths | 11 | | that involve a law enforcement officer employed by that law | 12 | | enforcement agency. | 13 | | (b) Each officer-involved death investigation shall be | 14 | | conducted by at least 2 investigators, or an entity or agency | 15 | | comprised of at least 2 investigators, one of whom is the lead | 16 | | investigator. The lead investigator shall be a person | 17 | | certified by the Illinois Law Enforcement Training Standards | 18 | | Board as a Lead Homicide Investigator, or similar training | 19 | | approved by the Illinois Law Enforcement Training Standards | 20 | | Board or the Department of State Police, or similar training | 21 | | provided at an Illinois Law Enforcement Training Standards | 22 | | Board certified school. No
investigator involved in the | 23 | | investigation may be employed by the law enforcement agency |
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| 1 | | that employs the officer involved in the officer-involved | 2 | | death, unless the investigator is employed by the Department | 3 | | of State Police and is not assigned to the same division or | 4 | | unit as the officer involved in the death. | 5 | | (c) In addition to the requirements of subsection (b) of | 6 | | this Section, if the officer-involved death being investigated | 7 | | involves a motor vehicle accident, at least one investigator | 8 | | shall be certified by the Illinois Law Enforcement Training | 9 | | Standards Board as a Crash Reconstruction Specialist, or | 10 | | similar training approved by the Illinois Law Enforcement | 11 | | Training Standards Board or the Department of State Police, or | 12 | | similar training provided at an Illinois Law Enforcement | 13 | | Training Standards Board certified school. Notwithstanding the | 14 | | requirements of subsection (b) of this Section, the policy for | 15 | | a law enforcement agency, when the officer-involved death | 16 | | being investigated involves a motor vehicle collision, may | 17 | | allow the use of an investigator who is employed by that law | 18 | | enforcement agency and who is certified by the Illinois Law | 19 | | Enforcement Training Standards Board as a Crash Reconstruction | 20 | | Specialist, or similar training approved by the Illinois Law | 21 | | Enforcement Training and Standards Board, or similar certified | 22 | | training approved by the Department of State Police, or | 23 | | similar training provided at an Illinois Law Enforcement | 24 | | Training and Standards Board certified school. | 25 | | (d) The investigators conducting the investigation shall, | 26 | | in an expeditious manner, provide a complete report to the |
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| 1 | | special prosecutor appointed by the court as provided in | 2 | | subsection (d-5) State's Attorney of the county in which the | 3 | | officer-involved death occurred . | 4 | | (d-5) The chief judge of the circuit court of the circuit | 5 | | in which the law enforcement officer-involved death occurred | 6 | | shall appoint a special prosecutor to review the report of the | 7 | | investigators assigned to investigate an officer-involved | 8 | | death and to prosecute the officer involved in the death, if | 9 | | the special prosecutor determines that there is a basis for | 10 | | the prosecution. | 11 | | (e) If the special prosecutor appointed by the court under | 12 | | subsection (d-5) State's Attorney, or a designated special | 13 | | prosecutor, determines there is no basis to prosecute the law | 14 | | enforcement officer involved in the officer-involved death, or | 15 | | if the law enforcement officer is not otherwise charged or | 16 | | indicted, the investigators shall publicly release a report.
| 17 | | (Source: P.A. 99-352, eff. 1-1-16 .) | 18 | | Section 10. The Counties Code is amended by changing | 19 | | Section 3-9008 as follows:
| 20 | | (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
| 21 | | Sec. 3-9008. Appointment of attorney to perform duties. | 22 | | (a) (Blank). | 23 | | (a-5) The court on its own motion, or an interested person | 24 | | in a cause or proceeding, civil or criminal, may file a |
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| 1 | | petition alleging that the State's Attorney is sick, absent, | 2 | | or unable to fulfill his or her duties. The court shall | 3 | | consider the petition, any documents filed in response, and if | 4 | | necessary, grant a hearing to determine whether the State's | 5 | | Attorney is sick, absent, or otherwise unable to fulfill his | 6 | | or her duties. If the court finds that the State's Attorney is | 7 | | sick, absent, or otherwise unable to fulfill his or her | 8 | | duties, the court may appoint some competent attorney to | 9 | | prosecute or defend the cause or proceeding. | 10 | | (a-10) The court on its own motion, or an interested | 11 | | person in a cause or proceeding, civil or criminal, may file a | 12 | | petition alleging that the State's Attorney has an actual | 13 | | conflict of interest in the cause or proceeding. The court | 14 | | shall consider the petition, any documents filed in response, | 15 | | and if necessary, grant a hearing to determine whether the | 16 | | State's Attorney has an actual conflict of interest in the | 17 | | cause or proceeding. If the court finds that the petitioner | 18 | | has proven by sufficient facts and evidence that the State's | 19 | | Attorney has an actual conflict of interest in a specific | 20 | | case, the court may appoint some competent attorney to | 21 | | prosecute or defend the cause or proceeding. | 22 | | (a-11) In the case of an officer-involved death, as | 23 | | defined in Section 1-5 of the Police and Community Relations | 24 | | Improvement Act, the court shall appoint a special prosecutor | 25 | | to prosecute a law enforcement officer for an officer-involved | 26 | | death as provided in subsection (d-5) of Section 1-10 of that |
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| 1 | | Act. | 2 | | (a-15) Notwithstanding subsections (a-5) and (a-10) of | 3 | | this Section, the State's Attorney may file a petition to | 4 | | recuse himself or herself from a cause or proceeding for any | 5 | | other reason he or she deems appropriate and the court shall | 6 | | appoint a special prosecutor as provided in this Section. | 7 | | (a-20) Prior to appointing a private attorney under this | 8 | | Section, the court shall contact public agencies, including, | 9 | | but not limited to, the Office of Attorney General, Office of | 10 | | the State's Attorneys Appellate Prosecutor, or local State's | 11 | | Attorney's Offices throughout the State, to determine a public | 12 | | prosecutor's availability to serve as a special prosecutor at | 13 | | no cost to the county and shall appoint a public agency if they | 14 | | are able and willing to accept the appointment. An attorney so | 15 | | appointed shall have the same power and authority in relation | 16 | | to the cause or proceeding as the State's Attorney would have | 17 | | if present and attending to the cause or proceedings. | 18 | | (b) In case of a vacancy of more than one year
occurring in | 19 | | any county in the office of State's attorney, by death,
| 20 | | resignation or otherwise, and it becomes necessary for the | 21 | | transaction
of the public business, that some competent | 22 | | attorney act as State's
attorney in and for such county during | 23 | | the period between the time of
the occurrence of such vacancy | 24 | | and the election and qualification of a
State's attorney, as | 25 | | provided by law, the vacancy shall be filled upon
the written | 26 | | request of a majority of the circuit judges of the circuit
in |
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| 1 | | which is located the county where such vacancy exists, by | 2 | | appointment
as provided in The Election Code of some competent | 3 | | attorney to perform
and discharge all the duties of a State's | 4 | | attorney in the said county,
such appointment and all | 5 | | authority thereunder to cease upon the election
and | 6 | | qualification of a State's attorney, as provided by law. Any
| 7 | | attorney appointed for any reason under this Section shall
| 8 | | possess all the powers and discharge all the
duties of a | 9 | | regularly elected State's attorney under the laws of the
State | 10 | | to the extent necessary to fulfill the purpose of such
| 11 | | appointment, and shall be paid by the county he serves not to | 12 | | exceed in
any one period of 12 months, for the reasonable | 13 | | amount of time actually
expended in carrying out the purpose | 14 | | of such appointment, the same compensation
as provided by law | 15 | | for the State's attorney of the county, apportioned,
in the | 16 | | case of lesser amounts of compensation,
as to the time of | 17 | | service reasonably and actually expended. The county shall | 18 | | participate in all agreements on the rate of compensation of a | 19 | | special prosecutor.
| 20 | | (c) An order granting authority to a special prosecutor | 21 | | must be construed strictly and narrowly by the court. The | 22 | | power and authority of a special prosecutor shall not be | 23 | | expanded without prior notice to the county. In the case of the | 24 | | proposed expansion of a special prosecutor's power and | 25 | | authority, a county may provide the court with information on | 26 | | the financial impact of an expansion on the county. Prior to |
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| 1 | | the signing of an order requiring a county to pay for | 2 | | attorney's fees or litigation expenses, the county shall be | 3 | | provided with a detailed copy of the invoice describing the | 4 | | fees, and the invoice shall include all activities performed | 5 | | in relation to the case and the amount of time spent on each | 6 | | activity. | 7 | | (Source: P.A. 99-352, eff. 1-1-16 .)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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