Full Text of HB0056 96th General Assembly
HB0056 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0056
Introduced 1/14/2009, by Rep. David Reis SYNOPSIS AS INTRODUCED: |
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15 ILCS 205/1 |
from Ch. 14, par. 1 |
15 ILCS 205/3 |
from Ch. 14, par. 3 |
15 ILCS 205/4 |
from Ch. 14, par. 4 |
15 ILCS 205/4a |
from Ch. 14, par. 4a |
15 ILCS 205/6 |
from Ch. 14, par. 6 |
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Amends the Attorney General Act. Gender neutralizes the language.
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A BILL FOR
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HB0056 |
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LRB096 03752 RCE 13782 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Attorney General Act is amended by changing | 5 |
| Sections 1, 3, 4, 4a, and 6 as follows:
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| (15 ILCS 205/1) (from Ch. 14, par. 1)
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| Sec. 1.
Before entering upon the respective duties of the | 8 |
| his office, the
attorney general shall be commissioned by the | 9 |
| governor, and shall take the
following oath or affirmation:
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| I do solemnly swear (or affirm, as the case may be), that I | 11 |
| will support
the constitution of the United States and the | 12 |
| constitution of the state of
Illinois, and that I will | 13 |
| faithfully discharge the duties of the office of
attorney | 14 |
| general, according to
the best of my ability.
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| And shall also execute a bond, to the People of the State | 16 |
| of Illinois,
with good and sufficient securities in the penal | 17 |
| sum of $10,000, to be
approved by the governor, and then filed | 18 |
| in the office of the Secretary of
State. The bond shall be | 19 |
| conditioned upon the faithful discharge of the
duties of the | 20 |
| office, and the paying over all moneys as provided by law,
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| which bond shall run to and be for the benefit of the state, | 22 |
| county,
corporation or person injured by a breach of any of the | 23 |
| conditions thereof.
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HB0056 |
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LRB096 03752 RCE 13782 b |
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| (Source: P.A. 86-962.)
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| (15 ILCS 205/3) (from Ch. 14, par. 3)
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| Sec. 3.
If any person elected to the office of attorney | 4 |
| general shall
fail to give bond, or take the oath required of | 5 |
| him or her , within
20 days after he or she is declared elected, | 6 |
| the office shall be deemed
vacant, and if, being required to | 7 |
| give additional bond, as provided in
section two hereof, he or | 8 |
| she fails to do so within 20 days after notice of
such | 9 |
| requirements, the his office may, in the discretion of the | 10 |
| governor, be
declared vacant and filled as provided by law.
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| (Source: P.A. 86-962.)
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| (15 ILCS 205/4) (from Ch. 14, par. 4)
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| Sec. 4. The duties of the Attorney General shall be-- | 14 |
| First - To appear for and represent the people of the State | 15 |
| before the
supreme court in all cases in which the State or the | 16 |
| people of the State
are interested.
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| Second - To institute and prosecute all actions and | 18 |
| proceedings in favor
of or for the use of the State, which may | 19 |
| be necessary in the execution of
the duties of any State | 20 |
| officer.
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| Third - To defend all actions and proceedings against any | 22 |
| State officer,
in his or her official capacity, in any of the | 23 |
| courts of this State or the United
States.
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| Fourth - To consult with and advise the several State's |
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| Attorneys in
matters relating to the duties of their office; | 2 |
| and when, in his or her judgment,
the interest of the people of | 3 |
| the State requires it, the Attorney General he shall attend the
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| trial of any party accused of crime, and assist in the | 5 |
| prosecution. When
the Attorney General has requested in writing | 6 |
| that a State's Attorney
initiate court proceedings to enforce | 7 |
| any provisions of the Election Code
or to initiate a criminal | 8 |
| prosecution with respect to a violation of the
Election Code, | 9 |
| and when the State's Attorney has declined in writing to
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| initiate those proceedings or prosecutions or when the State's | 11 |
| Attorney
has neither initiated the proceedings or prosecutions | 12 |
| nor responded in
writing to the Attorney General within 60 days | 13 |
| of the receipt of the request,
the Attorney General may, | 14 |
| concurrently with or independently of the State's
Attorney, | 15 |
| initiate such proceedings or prosecutions. The Attorney | 16 |
| General may investigate and prosecute any violation of the | 17 |
| Election Code at the request of the State Board of Elections or | 18 |
| a State's Attorney.
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| Fifth - To investigate alleged violations of the statutes | 20 |
| which the
Attorney General has a duty to enforce and to conduct | 21 |
| other investigations
in connection with assisting in the | 22 |
| prosecution of a criminal offense at
the request of a State's | 23 |
| Attorney.
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| Sixth - To consult with and advise the governor and other | 25 |
| State officers,
and give, when requested, written opinions upon | 26 |
| all legal or constitutional
questions relating to the duties of |
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| such officers respectively.
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| Seventh - To prepare, when necessary, proper drafts for | 3 |
| contracts and other
writings relating to subjects in which the | 4 |
| State is interested.
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| Eighth - To give written opinions, when requested by either | 6 |
| branch of
the general assembly, or any committee thereof, upon | 7 |
| constitutional or
legal questions.
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| Ninth - To enforce the proper application of funds | 9 |
| appropriated to the
public institutions of the State, prosecute | 10 |
| breaches of trust in the
administration of such funds, and, | 11 |
| when necessary, prosecute corporations
for failure or refusal | 12 |
| to make the reports required by law.
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| Tenth - To keep, a register of all cases prosecuted or | 14 |
| defended by the Attorney General him ,
in behalf of the State or | 15 |
| its officers, and of all proceedings had in
relation thereto, | 16 |
| and to deliver the same to his or her successor in office.
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| Eleventh - To keep on file in his or her office a copy of | 18 |
| the official opinions
issued by the Attorney General and | 19 |
| deliver same to his or her successor.
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| Twelfth - To pay into the State treasury all moneys | 21 |
| received by him or her for
the use of the State.
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| Thirteenth - To attend to and perform any other duty which | 23 |
| may, from time
to time, be required of the Attorney General him | 24 |
| by law.
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| Fourteenth - To attend, present evidence to and prosecute | 26 |
| indictments
returned by each Statewide Grand Jury.
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LRB096 03752 RCE 13782 b |
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| (Source: P.A. 94-291, eff. 7-21-05; 95-699, eff. 11-9-07.)
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| (15 ILCS 205/4a) (from Ch. 14, par. 4a)
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| Sec. 4a. Attorneys and investigators appointed by the | 4 |
| attorney
general, and on his or her payroll, when authorized by | 5 |
| the attorney general or
his or her designee, may expend such | 6 |
| sums as the attorney general or his or her designee
deems | 7 |
| necessary for the purchase of items for evidence, the | 8 |
| advancement of
fees in cases before United States courts or | 9 |
| other State courts, and in the
payment of witness or subpoena | 10 |
| fees.
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| Funds for making expenditures authorized in this Section | 12 |
| shall be
advanced from funds appropriated or made available by | 13 |
| law for the support
or use of the office of attorney general or | 14 |
| vouchers therefor signed by the
attorney general or his or her | 15 |
| designee. Sums so advanced may be paid to the
attorney or | 16 |
| investigator authorized to receive the advancement, or may be
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| made payable to the ultimate recipient. Any expenditures under | 18 |
| this Section
shall be audited by the auditor general as part of | 19 |
| any mandated audit
conducted in compliance with Section 3-2 of | 20 |
| the Illinois State Auditing Act.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| (15 ILCS 205/6) (from Ch. 14, par. 6)
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| Sec. 6.
Whenever the attorney general is sick or
absent, or | 24 |
| unable to attend, or is interested in any cause or
proceeding, |
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| civil or criminal, which it is or may be his or her duty to
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| prosecute or defend, the court in which said cause or | 3 |
| proceeding is
pending may appoint some competent attorney to | 4 |
| prosecute or defend such
cause or proceeding, and the attorney | 5 |
| so appointed shall have the same
power and authority in | 6 |
| relation to such cause or proceeding as the
attorney general | 7 |
| would have had if present and
attending to the same.
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| (Source: P.A. 86-962.)
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