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Public Act 92-0683
HB5681 Enrolled LRB9214229BDdv
AN ACT concerning the State's Attorneys Appellate
Prosecutor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State's Attorneys Appellate Prosecutor's
Act is amended by changing Section 4.01 as follows:
(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
Sec. 4.01. The Office and all attorneys employed thereby
may represent the People of the State of Illinois on appeal
in all cases which emanate from a county district containing
less than 3,000,000 inhabitants, when requested to do so and
at the direction of the State's Attorney, otherwise
responsible for prosecuting the appeal, and may, with the
advice and consent of the State's Attorney prepare, file and
argue such appellate briefs in the Illinois Appellate Court
and, when requested and authorized to do so by the Attorney
General, in the Illinois Supreme Court. The Office may also
assist County State's Attorneys in the discharge of their
duties under the Illinois Controlled Substances Act, the
Cannabis Control Act, the Drug Asset Forfeiture Procedure
Act, the Narcotics Profit Forfeiture Act, and the Illinois
Public Labor Relations Act, including negotiations conducted
on behalf of a county or pursuant to an intergovernmental
agreement as well as in the trial and appeal of said cases
and of tax objections, and the counties which use services
relating to labor relations shall reimburse the Office on
pro-rated shares as determined by the board based upon the
population and number of labor relations cases of the
participating counties. In addition, the Office and all
attorneys employed by the Office may also assist State's
Attorneys in the discharge of their duties in the prosecution
and trial of other cases when requested to do so by, and at
the direction of, the State's Attorney otherwise responsible
for the case. In addition, the Office and all attorneys
employed by the Office may act as Special Prosecutor if duly
appointed to do so by a court having jurisdiction. To be
effective, the order appointing the Office or its attorneys
as Special Prosecutor must (i) identify the case and its
subject matter and (ii) state that the Special Prosecutor
serves at the pleasure of the Attorney General, who may
substitute himself or herself as the Special Prosecutor when,
in his or her judgment, the interest of the people of the
State so requires. Within 5 days after receiving a copy of an
order from the court appointing the Office or any of its
attorneys as a Special Prosecutor, the Office must forward a
copy of the order to the Springfield office of the Attorney
General.
(Source: P.A. 85-617.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
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