Full Text of HB0282 102nd General Assembly
HB0282 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0282 Introduced 1/29/2021, by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: |
|
55 ILCS 5/3-9001 | from Ch. 34, par. 3-9001 |
55 ILCS 5/3-9002 | from Ch. 34, par. 3-9002 |
55 ILCS 5/3-9004 | from Ch. 34, par. 3-9004 |
55 ILCS 5/3-9005 | from Ch. 34, par. 3-9005 |
55 ILCS 5/3-9006 | from Ch. 34, par. 3-9006 |
55 ILCS 5/3-9008 | from Ch. 34, par. 3-9008 |
55 ILCS 5/3-9009 | from Ch. 34, par. 3-9009 |
55 ILCS 5/3-9012 | from Ch. 34, par. 3-9012 |
|
Amends the State's Attorney Division of the Counties Code. Provides that, in a county with less than 2,000,000 inhabitants, the State's Attorney may give an opinion, without fee or reward, upon any question of law relating to a County Veterans Assistance Commission. Provides that a County Veterans Assistance Commission may make such a request of the State's Attorney, and the State's Attorney, in the State's Attorney's sole discretion, may grant or decline such a request by a County Veterans Assistance Commission. Makes all provisions of the Division gender neutral. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB0282 | | LRB102 09919 AWJ 15237 b |
|
| 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 Counties Code is amended by changing | 5 | | Sections 3-9001, 3-9002, 3-9004, 3-9005, 3-9006, 3-9008, | 6 | | 3-9009, and 3-9012 as follows:
| 7 | | (55 ILCS 5/3-9001) (from Ch. 34, par. 3-9001)
| 8 | | Sec. 3-9001. Oath; bond. Before entering upon the | 9 | | respective
duties of their office, the state's attorneys shall | 10 | | each be commissioned by
the governor, and shall take the | 11 | | following oath or affirmation:
| 12 | | I do solemnly swear (or affirm, as the case may be), that I | 13 | | will support
the constitution of the United States and the | 14 | | constitution of the state of
Illinois, and that I will | 15 | | faithfully discharge the duties of the office
of state's | 16 | | attorney according to the best of my ability.
| 17 | | Each State's attorney shall also execute a bond, to the | 18 | | People of the
State of Illinois, (or, if the county is | 19 | | self-insured, the county through its
self-insurance program | 20 | | may provide bonding) with good and sufficient
securities in | 21 | | the penal sum of $5,000, to be approved by the circuit court | 22 | | for
the his respective county, which approval shall be | 23 | | indorsed upon the bond. The
bond, with the approval thereof |
| | | HB0282 | - 2 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | indorsed, shall be entered of record in the
circuit court, and | 2 | | then forwarded by the county clerk to the secretary of
state, | 3 | | to be filed in the Secretary of State's his office. Each of the | 4 | | bonds shall be conditioned upon
the faithful discharge of the | 5 | | duties of the office, and the paying over all
moneys as | 6 | | provided by law, which bond shall run to and be for the benefit | 7 | | of
the state, county, corporation or person injured by a | 8 | | breach of any of the
conditions thereof.
| 9 | | (Source: P.A. 88-387.)
| 10 | | (55 ILCS 5/3-9002) (from Ch. 34, par. 3-9002)
| 11 | | Sec. 3-9002. Commencement of duties. The State's attorney | 12 | | shall
enter upon the duties of the his office on the first day | 13 | | in the month of
December following the his election of the | 14 | | State's Attorney on which the State's attorney's office is
| 15 | | required, by statute or by action of the county board, to be | 16 | | open.
| 17 | | (Source: P.A. 86-962.)
| 18 | | (55 ILCS 5/3-9004) (from Ch. 34, par. 3-9004)
| 19 | | Sec. 3-9004. Failure to give bond or take oath. If any | 20 | | person
elected to the office of State's attorney shall fail to | 21 | | give bond, or take
the oath required of the State's Attorney | 22 | | him , within twenty days after the person he is declared | 23 | | elected,
the office shall be deemed vacant, and if, being | 24 | | required to give
additional bond, as provided in Section |
| | | HB0282 | - 3 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | 3-9003 hereof, the person he fails to do so
within twenty days | 2 | | after notice of such requirements, the State's Attorney his | 3 | | office may, in the
discretion of the governor, be declared | 4 | | vacant and filled as provided by law.
| 5 | | (Source: P.A. 86-962.)
| 6 | | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| 7 | | Sec. 3-9005. Powers and duties of State's Attorney.
| 8 | | (a) The duty of each State's Attorney shall be:
| 9 | | (1) To commence and prosecute all actions, suits, | 10 | | indictments and
prosecutions, civil and criminal, in the | 11 | | circuit court for the his county,
in which the people of | 12 | | the State or county may be concerned.
| 13 | | (2) To prosecute all forfeited bonds and | 14 | | recognizances, and all
actions and proceedings for the | 15 | | recovery of debts, revenues, moneys,
fines, penalties and | 16 | | forfeitures accruing to the State or the his county, or
to | 17 | | any school district or road district in the his county; | 18 | | also, to
prosecute all suits in the his county against | 19 | | railroad or transportation
companies, which may be | 20 | | prosecuted in the name of the People of the
State of | 21 | | Illinois.
| 22 | | (3) To commence and prosecute all actions and | 23 | | proceedings brought by
any county officer in the State's | 24 | | Attorney's his official capacity.
| 25 | | (4) To defend all actions and proceedings brought |
| | | HB0282 | - 4 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | against the his
county, or against any county or State | 2 | | officer, in the State's Attorney's his official
capacity, | 3 | | within the his county.
| 4 | | (5) To attend the examination of all persons brought | 5 | | before any judge
on habeas corpus, when the prosecution is | 6 | | in the his county.
| 7 | | (6) To attend before judges and prosecute charges of | 8 | | felony or
misdemeanor, for which the offender is required | 9 | | to be recognized to appear
before the circuit court, when | 10 | | in the State's Attorney's his power so to do.
| 11 | | (7) To give the State's Attorney's his opinion, | 12 | | without fee or reward, to any county officer
in the his | 13 | | county, upon any question or law relating to any criminal | 14 | | or other
matter, in which the people or the county may be | 15 | | concerned.
| 16 | | (8) To assist the Attorney General whenever it may be | 17 | | necessary, and in
cases of appeal from the his county to | 18 | | the Supreme Court, to which it is the
duty of the Attorney | 19 | | General to attend, the State's Attorney he shall furnish | 20 | | the Attorney General
at least 10 days before such is due to | 21 | | be filed, a manuscript of a proposed
statement, brief and | 22 | | argument to be printed and filed on behalf of the people,
| 23 | | prepared in accordance with the rules of the Supreme | 24 | | Court. However, if
such brief, argument or other document | 25 | | is due to be filed by law or order
of court within this | 26 | | 10-day period, then the State's Attorney shall furnish
|
| | | HB0282 | - 5 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | such as soon as may be reasonable.
| 2 | | (9) To pay all moneys received by the State's Attorney | 3 | | him in trust, without delay, to the
officer who by law is | 4 | | entitled to the custody thereof.
| 5 | | (10) To notify, by first class mail, complaining | 6 | | witnesses of the ultimate
disposition of the cases arising | 7 | | from an indictment or an information.
| 8 | | (11) To perform such other and further duties as may, | 9 | | from time to time,
be enjoined on the State's Attorney him | 10 | | by law.
| 11 | | (12) To appear in all proceedings by collectors of | 12 | | taxes against
delinquent taxpayers for judgments to sell | 13 | | real estate, and see that all the
necessary preliminary | 14 | | steps have been legally taken to make the judgment legal
| 15 | | and binding.
| 16 | | (13) To notify, by first-class mail, the State | 17 | | Superintendent of Education, the applicable regional | 18 | | superintendent of schools, and the superintendent of the | 19 | | employing school district or the chief school | 20 | | administrator of the employing nonpublic school, if any, | 21 | | upon the conviction of any individual known to possess a | 22 | | certificate or license issued pursuant to Article 21 or | 23 | | 21B, respectively, of the School Code of any offense set | 24 | | forth in Section 21B-80 of the School Code or any other | 25 | | felony conviction, providing the name of the certificate | 26 | | holder, the fact of the conviction, and the name and |
| | | HB0282 | - 6 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | location of the court where the conviction occurred. The | 2 | | certificate holder must also be contemporaneously sent a | 3 | | copy of the notice. | 4 | | (b) The State's Attorney of each county shall have | 5 | | authority to
appoint one or more special investigators to | 6 | | serve subpoenas and summonses, make return
of process, and | 7 | | conduct investigations which assist the State's Attorney in
| 8 | | the performance of the State's Attorney his duties. In | 9 | | counties of the first and second class, the fees for service of | 10 | | subpoenas and summonses are allowed by this Section and shall | 11 | | be consistent with those set forth in Section 4-5001 of this | 12 | | Act, except when increased by county ordinance as provided for | 13 | | in Section 4-5001. In counties of the third class, the fees for | 14 | | service of subpoenas and summonses are allowed by this Section | 15 | | and shall be consistent with those set forth in Section | 16 | | 4-12001 of this Act. A special investigator shall not carry
| 17 | | firearms except with permission of the State's Attorney and | 18 | | only while
carrying appropriate identification indicating the | 19 | | special investigator's his employment and in the
performance | 20 | | of the special investigator's his assigned duties.
| 21 | | Subject to the qualifications set forth in this | 22 | | subsection, special
investigators shall be peace officers and | 23 | | shall have all the powers possessed
by investigators under the | 24 | | State's Attorneys Appellate Prosecutor's Act.
| 25 | | No special investigator employed by the State's Attorney | 26 | | shall have peace
officer status or exercise police powers |
| | | HB0282 | - 7 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | unless the special investigator he or she successfully
| 2 | | completes the basic police training course mandated and | 3 | | approved by the
Illinois Law Enforcement Training Standards | 4 | | Board or such
board waives the training requirement by reason | 5 | | of the special
investigator's prior law enforcement experience | 6 | | or training or both. Any
State's Attorney appointing a special | 7 | | investigator shall consult with all
affected local police | 8 | | agencies, to the extent consistent with the public
interest, | 9 | | if the special investigator is assigned to areas within that
| 10 | | agency's jurisdiction.
| 11 | | Before a person is appointed as a special investigator, | 12 | | the person's his
fingerprints shall be taken and transmitted | 13 | | to the Department of State
Police. The Department shall | 14 | | examine its records and submit to the State's
Attorney of the | 15 | | county in which the investigator seeks appointment any
| 16 | | conviction information concerning the person on file with the | 17 | | Department.
No person shall be appointed as a special | 18 | | investigator if the person he has been
convicted of a felony or | 19 | | other offense involving moral turpitude. A
special | 20 | | investigator shall be paid a salary and be reimbursed for | 21 | | actual
expenses incurred in performing the special | 22 | | investigator's his assigned duties. The county board
shall | 23 | | approve the salary and actual expenses and appropriate the | 24 | | salary
and expenses in the manner prescribed by law or | 25 | | ordinance.
| 26 | | (c) The State's
Attorney may request and receive from |
| | | HB0282 | - 8 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | employers, labor unions, telephone
companies, and utility | 2 | | companies
location information concerning putative fathers and | 3 | | noncustodial parents for
the purpose of establishing a child's | 4 | | paternity or establishing, enforcing, or
modifying a child | 5 | | support obligation. In this subsection, "location
information"
| 6 | | means information about (i) the physical whereabouts of a | 7 | | putative father or
noncustodial parent, (ii) the putative | 8 | | father or noncustodial parent's
employer, or
(iii) the salary, | 9 | | wages, and other
compensation paid and the health insurance | 10 | | coverage provided to the putative
father or noncustodial | 11 | | parent by the employer of the putative father or
noncustodial | 12 | | parent
or by a labor union of which the putative father or | 13 | | noncustodial parent is a
member.
| 14 | | (d) (Blank).
| 15 | | (e) The State's Attorney shall have the authority to enter | 16 | | into a written
agreement with the Department of Revenue for | 17 | | pursuit of civil
liability under subsection (E) of Section | 18 | | 17-1 of the Criminal Code of 2012 against persons who
have | 19 | | issued to the Department checks or other orders in violation | 20 | | of the
provisions of paragraph (1) of subsection (B) of | 21 | | Section 17-1 of the Criminal
Code of 2012, with the Department | 22 | | to retain the amount owing upon the
dishonored check or order | 23 | | along with the dishonored check fee imposed under the
Uniform | 24 | | Penalty and Interest Act, with the balance of damages, fees, | 25 | | and costs
collected under subsection (E) of Section 17-1 of | 26 | | the Criminal Code of 2012 or under Section 17-1a of that Code |
| | | HB0282 | - 9 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | to be retained by
the State's Attorney. The agreement shall | 2 | | not affect the allocation of fines
and costs imposed in any | 3 | | criminal prosecution.
| 4 | | (f) In a county with less than 2,000,000 inhabitants, the | 5 | | State's Attorney may give an opinion, without fee or reward, | 6 | | upon any question of law relating to a County Veterans | 7 | | Assistance Commission. A County Veterans Assistance Commission | 8 | | may make such a request of the State's Attorney, and the | 9 | | State's Attorney, in the State's Attorney's sole discretion, | 10 | | may grant or decline such a request by a County Veterans | 11 | | Assistance Commission. | 12 | | (Source: P.A. 101-275, eff. 8-9-19.)
| 13 | | (55 ILCS 5/3-9006) (from Ch. 34, par. 3-9006)
| 14 | | Sec. 3-9006. Internal operations of office; simultaneous | 15 | | county board tenure. | 16 | | (a) Internal operations of the office. The State's | 17 | | Attorney
shall control the internal operations of the State's | 18 | | Attorney's his or her office and procure the
necessary | 19 | | equipment, materials, and services to perform the duties of | 20 | | that
office. | 21 | | (b) Simultaneous county board tenure. A duly appointed | 22 | | Assistant State's Attorney may serve as an Assistant State's | 23 | | Attorney and, simultaneously, serve as a county board member | 24 | | for a county located outside of the jurisdiction of the | 25 | | State's Attorney Office that the Assistant State's Attorney he |
| | | HB0282 | - 10 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | or she serves. An Assistant State's Attorney serving as a | 2 | | county board member is subject to any internal mechanisms | 3 | | established by the State's Attorney to avoid conflicts of | 4 | | interest in the performance of the individual's his or her | 5 | | duties as an Assistant State's Attorney.
| 6 | | (Source: P.A. 95-1014, eff. 12-15-08.)
| 7 | | (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
| 8 | | Sec. 3-9008. Appointment of attorney to perform duties. | 9 | | (a) (Blank). | 10 | | (a-5) The court on its own motion, or an interested person | 11 | | in a cause or proceeding, civil or criminal, may file a | 12 | | petition alleging that the State's Attorney is sick, absent, | 13 | | or unable to fulfill the State's Attorney's his or her duties. | 14 | | The court shall consider the petition, any documents filed in | 15 | | response, and if necessary, grant a hearing to determine | 16 | | whether the State's Attorney is sick, absent, or otherwise | 17 | | unable to fulfill the State's Attorney's his or her duties. If | 18 | | the court finds that the State's Attorney is sick, absent, or | 19 | | otherwise unable to fulfill the State's Attorney's his or her | 20 | | duties, the court may appoint some competent attorney to | 21 | | prosecute or defend the cause or proceeding. | 22 | | (a-10) The court on its own motion, or an interested | 23 | | person in a cause or proceeding, civil or criminal, may file a | 24 | | petition alleging that the State's Attorney has an actual | 25 | | conflict of interest in the cause or proceeding. The court |
| | | HB0282 | - 11 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | shall consider the petition, any documents filed in response, | 2 | | and if necessary, grant a hearing to determine whether the | 3 | | State's Attorney has an actual conflict of interest in the | 4 | | cause or proceeding. If the court finds that the petitioner | 5 | | has proven by sufficient facts and evidence that the State's | 6 | | Attorney has an actual conflict of interest in a specific | 7 | | case, the court may appoint some competent attorney to | 8 | | prosecute or defend the cause or proceeding. | 9 | | (a-15) Notwithstanding subsections (a-5) and (a-10) of | 10 | | this Section, the State's Attorney may file a petition to | 11 | | recuse the State's Attorney himself or herself from a cause or | 12 | | proceeding for any other reason the State's Attorney he or she | 13 | | deems appropriate and the court shall appoint a special | 14 | | prosecutor as provided in this Section. | 15 | | (a-20) Prior to appointing a private attorney under this | 16 | | Section, the court shall contact public agencies, including, | 17 | | but not limited to, the Office of Attorney General, Office of | 18 | | the State's Attorneys Appellate Prosecutor, or local State's | 19 | | Attorney's Offices throughout the State, to determine a public | 20 | | prosecutor's availability to serve as a special prosecutor at | 21 | | no cost to the county and shall appoint a public agency if they | 22 | | are able and willing to accept the appointment. An attorney so | 23 | | appointed shall have the same power and authority in relation | 24 | | to the cause or proceeding as the State's Attorney would have | 25 | | if present and attending to the cause or proceedings. | 26 | | (b) In case of a vacancy of more than one year
occurring in |
| | | HB0282 | - 12 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | any county in the office of State's attorney, by death,
| 2 | | resignation or otherwise, and it becomes necessary for the | 3 | | transaction
of the public business, that some competent | 4 | | attorney act as State's
attorney in and for such county during | 5 | | the period between the time of
the occurrence of such vacancy | 6 | | and the election and qualification of a
State's attorney, as | 7 | | provided by law, the vacancy shall be filled upon
the written | 8 | | request of a majority of the circuit judges of the circuit
in | 9 | | which is located the county where such vacancy exists, by | 10 | | appointment
as provided in The Election Code of some competent | 11 | | attorney to perform
and discharge all the duties of a State's | 12 | | attorney in the said county,
such appointment and all | 13 | | authority thereunder to cease upon the election
and | 14 | | qualification of a State's attorney, as provided by law. Any
| 15 | | attorney appointed for any reason under this Section shall
| 16 | | possess all the powers and discharge all the
duties of a | 17 | | regularly elected State's attorney under the laws of the
State | 18 | | to the extent necessary to fulfill the purpose of such
| 19 | | appointment, and shall be paid by the county the State's | 20 | | Attorney he serves not to exceed in
any one period of 12 | 21 | | months, for the reasonable amount of time actually
expended in | 22 | | carrying out the purpose of such appointment, the same | 23 | | compensation
as provided by law for the State's attorney of | 24 | | the county, apportioned,
in the case of lesser amounts of | 25 | | compensation,
as to the time of service reasonably and | 26 | | actually expended. The county shall participate in all |
| | | HB0282 | - 13 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | agreements on the rate of compensation of a special | 2 | | prosecutor.
| 3 | | (c) An order granting authority to a special prosecutor | 4 | | must be construed strictly and narrowly by the court. The | 5 | | power and authority of a special prosecutor shall not be | 6 | | expanded without prior notice to the county. In the case of the | 7 | | proposed expansion of a special prosecutor's power and | 8 | | authority, a county may provide the court with information on | 9 | | the financial impact of an expansion on the county. Prior to | 10 | | the signing of an order requiring a county to pay for | 11 | | attorney's fees or litigation expenses, the county shall be | 12 | | provided with a detailed copy of the invoice describing the | 13 | | fees, and the invoice shall include all activities performed | 14 | | in relation to the case and the amount of time spent on each | 15 | | activity. | 16 | | (Source: P.A. 99-352, eff. 1-1-16 .)
| 17 | | (55 ILCS 5/3-9009) (from Ch. 34, par. 3-9009)
| 18 | | Sec. 3-9009. Private fee and employment prohibited. The | 19 | | State's
attorney shall not receive any fee or reward from or in | 20 | | behalf of any
private person for any services within the | 21 | | State's Attorney's his official duties and shall not be
| 22 | | retained or employed, except for the public, in a civil case | 23 | | depending upon
the same state of facts on which a criminal | 24 | | prosecution shall depend.
| 25 | | (Source: P.A. 86-962.)
|
| | | HB0282 | - 14 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | (55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)
| 2 | | Sec. 3-9012. Compensation. A State's attorney who serves 2 | 3 | | or more counties shall receive such
compensation from the | 4 | | State Treasury as is provided by law for the State's
attorney | 5 | | of a single county. The State's Attorney He shall be paid by | 6 | | the counties such
compensation as may be agreed upon by the | 7 | | county boards within the salary
range prescribed by law | 8 | | applicable to a single county with a population
equal to the | 9 | | combined population of the counties the State's Attorney he | 10 | | serves. Unless the
county boards agree upon a lesser amount, | 11 | | the State's Attorney he shall be paid the highest
permissible | 12 | | salary within such range. The amount to be paid by the counties
| 13 | | shall be apportioned among them on the basis of their | 14 | | population.
Seventy-five percent (75%) of the amount provided | 15 | | by law to be paid from
the State treasury for the services of | 16 | | the State's attorney in the case of
a single county is payable | 17 | | to each of the counties served by the same
State's attorney, | 18 | | except that the amounts paid to those counties under this
| 19 | | Section in any year may not exceed, in the aggregate, the | 20 | | annual salary
paid to that State's attorney from both county | 21 | | and State funds, in which
case reduction of the State's | 22 | | contribution to each county shall be reduced
proportionately | 23 | | according to population of each participating county.
| 24 | | (Source: P.A. 86-962.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
| | | HB0282 | - 15 - | LRB102 09919 AWJ 15237 b |
|
| 1 | | becoming law.
|
|