Full Text of SB3460 102nd General Assembly
SB3460sam002 102ND GENERAL ASSEMBLY | Sen. Dave Syverson Filed: 2/14/2022
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| 1 | | AMENDMENT TO SENATE BILL 3460
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3460, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by adding Section | 6 | | 5-1188 as follows: | 7 | | (55 ILCS 5/5-1188 new) | 8 | | Sec. 5-1188. Administrative leave of a countywide elected | 9 | | official. | 10 | | (a) If a county board member, county board chairman, | 11 | | State's Attorney, or other countywide elected official is | 12 | | criminally charged with an infamous crime or of any offense | 13 | | involving a violation of his or her official oath, the county | 14 | | board may vote to determine if the countywide elected official | 15 | | should be placed on administrative leave, with a three-fifths | 16 | | vote of all members, if the county board believes the official |
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| 1 | | has been criminally charged with an infamous crime or of any | 2 | | offense involving a violation of his or her official oath. If | 3 | | approved by the county board, the determination to place the | 4 | | elected official on administrative leave shall be sent to the | 5 | | State's Attorney of the county or, if the determination is | 6 | | regarding the State's Attorney or if the State's Attorney has | 7 | | a conflict of interest, the county board shall petition the | 8 | | court for the appointment of a special State's Attorney to | 9 | | review the board's determination. | 10 | | (b) Upon receipt of a determination from the county board | 11 | | under subsection (a), the State's Attorney shall review the | 12 | | alleged crimes to determine if the countywide elected official | 13 | | should be placed on administrative leave. If the State's | 14 | | Attorney believes the crime or crimes to be germane to the | 15 | | official's duties, the State's Attorney shall file a petition | 16 | | with the circuit court of the county for a rule to show cause | 17 | | why not to place the elected official on administrative leave. | 18 | | Upon receipt of a determination from the county board | 19 | | under subsection (a) concerning the State's Attorney or if the | 20 | | State's Attorney has a conflict of interest, the special | 21 | | State's Attorney shall review the alleged crimes to determine | 22 | | if the State's Attorney or official should be placed on | 23 | | administrative leave. If the special State's Attorney believes | 24 | | the crime or crimes to be germane to the State's Attorney's or | 25 | | official's duties, the special State's Attorney shall file a | 26 | | petition with the circuit court of the county for a rule to |
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| 1 | | show cause why not to place the elected official on | 2 | | administrative leave. | 3 | | (c) As soon as the petition is filed with the court, the | 4 | | court shall issue a rule requiring the officer to show cause | 5 | | why he or she should not be put on administrative leave, the | 6 | | rule alleging in general terms the cause or causes for such | 7 | | leave. The rule shall be returnable in not less than 10 nor | 8 | | more than 30 days and shall be served upon the officer with a | 9 | | copy of the petition. Upon return of the rule duly executed, | 10 | | unless good cause is shown for a continuance or postponement | 11 | | to a later day in the term, the case shall be tried on the day | 12 | | named in the rule and take precedence over all other cases on | 13 | | the docket. If, after trial, the court determined that the | 14 | | officer should be placed on administrative leave, the officer | 15 | | shall be removed from office. | 16 | | (d) If it is determined that the officer should be placed | 17 | | on administrative leave as provided in subsection (c), the | 18 | | county board shall appoint a replacement for the official | 19 | | while the official is on administrative leave. | 20 | | (e) If it is determined that the officer should be placed | 21 | | on administrative leave as provided in subsection (c), the | 22 | | official shall continue to receive all compensation and | 23 | | benefits during the official's administrative leave. | 24 | | (f) If a judicial proceeding under this Section is | 25 | | dismissed in favor of the respondent, the court, in its | 26 | | discretion, may require the county in which the respondent |
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| 1 | | serves to pay court costs or reasonable attorney fees, or | 2 | | both, for the respondent. | 3 | | (g) This Section applies to counties with a population of | 4 | | less than 500,000 people. | 5 | | Section 10. The Township Code is amended by adding Section | 6 | | 85-70 as follows: | 7 | | (60 ILCS 1/85-70 new) | 8 | | Sec. 85-70. Administrative leave of a township officer. | 9 | | (a) If a township officer is criminally charged with an | 10 | | infamous crime or of any offense involving a violation of his | 11 | | or her official oath, the township board may vote to determine | 12 | | if the township officer should be placed on administrative | 13 | | leave, with a three-fifths vote of all members, if the | 14 | | township board believes the official has been criminally | 15 | | charged with an infamous crime or of any offense involving a | 16 | | violation of his or her official oath. If approved by the | 17 | | township board, the determination to place the elected | 18 | | official on administrative leave shall be sent to the township | 19 | | attorney of the county. | 20 | | (b) Upon receipt of a determination from the township | 21 | | board under subsection (a), the township attorney shall review | 22 | | the alleged crimes to determine if the township officer should | 23 | | be placed on administrative leave. If the township attorney | 24 | | believes the crime or crimes to be germane to the officer's |
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| 1 | | duties, the township attorney shall file a petition with the | 2 | | circuit court of the county where the township is located in | 3 | | for a rule to show cause why not to place the elected official | 4 | | on administrative leave. | 5 | | (c) As soon as the petition is filed with the court, the | 6 | | court shall issue a rule requiring the township officer to | 7 | | show cause why he or she should not be put on administrative | 8 | | leave, the rule alleging in general terms the cause or causes | 9 | | for such leave. The rule shall be returnable in not less than | 10 | | 10 nor more than 30 days and shall be served upon the officer | 11 | | with a copy of the petition. Upon return of the rule duly | 12 | | executed, unless good cause is shown for a continuance or | 13 | | postponement to a later day in the term, the case shall be | 14 | | tried on the day named in the rule and take precedence over all | 15 | | other cases on the docket. If, after trial, the court | 16 | | determined that the township officer should be placed on | 17 | | administrative leave, the township officer shall be removed | 18 | | from office. | 19 | | (d) If it is determined that the township officer should | 20 | | be placed on administrative leave as provided in subsection | 21 | | (c), the township board shall appoint a replacement for the | 22 | | officer while the officer is on administrative leave. | 23 | | (e) If it is determined that the township officer should | 24 | | be placed on administrative leave as provided in subsection | 25 | | (c), the official shall continue to receive all compensation | 26 | | and benefits during the official's administrative leave. |
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| 1 | | (f) If a judicial proceeding under this Section is | 2 | | dismissed in favor of the respondent, the court, in its | 3 | | discretion, may require the township in which the respondent | 4 | | serves to pay court costs or reasonable attorney fees, or | 5 | | both, for the respondent. | 6 | | (g) This Section applies to townships within counties with | 7 | | a population of less than 500,000 people.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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