Full Text of HB5545 102nd General Assembly
HB5545 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5545 Introduced 1/31/2022, by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED: |
| 15 ILCS 205/4 | from Ch. 14, par. 4 | 740 ILCS 45/4.1 | from Ch. 70, par. 74.1 |
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Amends the Crime Victims Compensation Act. Requires the Attorney General to conduct an annual awareness campaign informing individuals of the rights granted to individuals under the Act. Makes a corresponding change in the Attorney General Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning the Attorney General.
| 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 represent the people of the State | 9 | | before the
supreme court in all cases in which the State or the | 10 | | 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 | 3 | | with 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. The Attorney | 11 | | General may investigate and prosecute any violation of the | 12 | | Election Code at the request of the State Board of Elections or | 13 | | a State's Attorney.
| 14 | | Fifth - To investigate alleged violations of the statutes | 15 | | which the
Attorney General has a duty to enforce and to conduct | 16 | | other investigations
in connection with assisting in the | 17 | | prosecution of a criminal offense at
the request of a State's | 18 | | Attorney.
| 19 | | Sixth - To consult with and advise the governor and other | 20 | | State officers,
and give, when requested, written opinions | 21 | | upon all legal or constitutional
questions relating to the | 22 | | duties of such officers respectively.
| 23 | | Seventh - To prepare, when necessary, proper drafts for | 24 | | contracts and other
writings relating to subjects in which the | 25 | | State is interested.
| 26 | | Eighth - To give written opinions, when requested by |
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| 1 | | either branch of
the general assembly, or any committee | 2 | | thereof, upon constitutional or
legal questions.
| 3 | | Ninth - To enforce the proper application of funds | 4 | | appropriated to the
public institutions of the State, | 5 | | prosecute breaches of trust in the
administration of such | 6 | | funds, and, when necessary, prosecute corporations
for failure | 7 | | or refusal to make the reports required by law.
| 8 | | Tenth - To keep, a register of all cases prosecuted or | 9 | | defended by him,
in behalf of the State or its officers, and of | 10 | | all proceedings had in
relation thereto, and to deliver the | 11 | | same to his successor in office.
| 12 | | Eleventh - To keep on file in his office a copy of the | 13 | | official opinions
issued by the Attorney General and deliver | 14 | | same to his successor.
| 15 | | Twelfth - To pay into the State treasury all moneys | 16 | | received by him for
the use of the State.
| 17 | | Thirteenth - To attend to and perform any other duty which | 18 | | may, from time
to time, be required of him by law.
| 19 | | Fourteenth - To attend, present evidence to and prosecute | 20 | | indictments
returned by each Statewide Grand Jury.
| 21 | | Fifteenth - To give written binding and advisory public | 22 | | access opinions as provided in Section 7 of this Act. | 23 | | Sixteenth - To fulfill the duties of the Attorney General | 24 | | set forth in the Crime Victims Compensation Act. | 25 | | (Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)
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| 1 | | Section 10. The Crime Victims Compensation Act is amended | 2 | | by changing Section 4.1 as follows:
| 3 | | (740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
| 4 | | Sec. 4.1. Attorney General duties. | 5 | | (a) In addition to other powers and duties set forth in | 6 | | this Act
and other powers exercised by the Attorney General, | 7 | | the Attorney General
shall: | 8 | | (1) investigate all claims and prepare and present an | 9 | | investigatory report and a draft award determination to | 10 | | the Court of Claims for a review period of 28 business | 11 | | days; | 12 | | (2) upon conclusion of the review by the Court of | 13 | | Claims, provide the applicant with a compensation | 14 | | determination letter; | 15 | | (3) prescribe and furnish all applications and other | 16 | | forms required to be filed in the office
of the Attorney | 17 | | General by the terms of this Act; and | 18 | | (4) represent the interests
of the State of Illinois | 19 | | in any hearing before the Court of Claims.
| 20 | | The changes made to this Section by this amendatory Act of | 21 | | the 101st General Assembly apply to actions commenced or | 22 | | pending on or after January 1, 2022. | 23 | | (b) The Attorney General shall conduct an annual awareness | 24 | | campaign informing individuals of the rights granted to | 25 | | individuals under this Act, including, but not limited to, who |
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| 1 | | may apply for compensation and how to apply for compensation. | 2 | | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
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