State of Illinois
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92nd General Assembly

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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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