Illinois General Assembly - Full Text of SB1843
Illinois General Assembly

Previous General Assemblies

Full Text of SB1843  100th General Assembly

SB1843sam002 100TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/28/2017

 

 


 

 


 
10000SB1843sam002LRB100 09946 AWJ 25664 a

1
AMENDMENT TO SENATE BILL 1843

2    AMENDMENT NO. ______. Amend Senate Bill 1843, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Counties Code is amended by changing
6Section 3-9008 as follows:
 
7    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
8    Sec. 3-9008. Appointment of attorney to perform duties.
9    (a) (Blank).
10    (a-5) The court on its own motion, or an interested person
11in a cause or proceeding, civil or criminal, may file a
12petition alleging that the State's Attorney is sick, absent, or
13unable to fulfill his or her duties. The court shall consider
14the petition, any documents filed in response, and if
15necessary, grant a hearing to determine whether the State's
16Attorney is sick, absent, or otherwise unable to fulfill his or

 

 

10000SB1843sam002- 2 -LRB100 09946 AWJ 25664 a

1her duties. If the court finds that the State's Attorney is
2sick, absent, or otherwise unable to fulfill his or her duties,
3the court may appoint some competent attorney to prosecute or
4defend the cause or proceeding.
5    (a-10) The court on its own motion, or an interested person
6in a cause or proceeding, civil or criminal, may file a
7petition alleging that the State's Attorney has an actual
8conflict of interest in the cause or proceeding. The court
9shall consider the petition, any documents filed in response,
10and if necessary, grant a hearing to determine whether the
11State's Attorney has an actual conflict of interest in the
12cause or proceeding. If the court finds that the petitioner has
13proven by sufficient facts and evidence that the State's
14Attorney has an actual conflict of interest in a specific case,
15the court may appoint some competent attorney to prosecute or
16defend the cause or proceeding.
17    (a-15) Notwithstanding subsections (a-5) and (a-10) of
18this Section, the State's Attorney may file a petition to
19recuse himself or herself from a cause or proceeding for any
20other reason he or she deems appropriate and the court shall
21appoint a special prosecutor as provided in this Section.
22    (a-17) In a county exceeding a population of 3,000,000, if
23the court determines that the appointment of a special
24prosecutor is required under subsection (a-10) or (a-15), the
25court shall request the Office of the State's Attorneys
26Appellate Prosecutor to serve as the special prosecutor where

 

 

10000SB1843sam002- 3 -LRB100 09946 AWJ 25664 a

1the cause or proceeding is an officer-involved death, as that
2term is defined in Section 1-5 of the Police and Community
3Relations Improvement Act. If the Office of the State's
4Attorneys Appellate Prosecutor accepts the request, the
5State's Attorneys Appellate Prosecutor shall be appointed by
6the court and shall have the same power and authority in
7relation to the cause or proceeding as the State's Attorney
8would have had if present and attending to the cause or
9proceedings.
10    (a-20) Except as provided in subsection (a-17), prior Prior
11to appointing a private attorney under this Section, the court
12shall contact public agencies, including, but not limited to,
13the Office of Attorney General, Office of the State's Attorneys
14Appellate Prosecutor, or local State's Attorney's Offices
15throughout the State, to determine a public prosecutor's
16availability to serve as a special prosecutor at no cost to the
17county and shall appoint a public agency if they are able and
18willing to accept the appointment. An attorney so appointed
19shall have the same power and authority in relation to the
20cause or proceeding as the State's Attorney would have if
21present and attending to the cause or proceedings.
22    (b) In case of a vacancy of more than one year occurring in
23any county in the office of State's attorney, by death,
24resignation or otherwise, and it becomes necessary for the
25transaction of the public business, that some competent
26attorney act as State's attorney in and for such county during

 

 

10000SB1843sam002- 4 -LRB100 09946 AWJ 25664 a

1the period between the time of the occurrence of such vacancy
2and the election and qualification of a State's attorney, as
3provided by law, the vacancy shall be filled upon the written
4request of a majority of the circuit judges of the circuit in
5which is located the county where such vacancy exists, by
6appointment as provided in The Election Code of some competent
7attorney to perform and discharge all the duties of a State's
8attorney in the said county, such appointment and all authority
9thereunder to cease upon the election and qualification of a
10State's attorney, as provided by law. Any attorney appointed
11for any reason under this Section shall possess all the powers
12and discharge all the duties of a regularly elected State's
13attorney under the laws of the State to the extent necessary to
14fulfill the purpose of such appointment, and shall be paid by
15the county he serves not to exceed in any one period of 12
16months, for the reasonable amount of time actually expended in
17carrying out the purpose of such appointment, the same
18compensation as provided by law for the State's attorney of the
19county, apportioned, in the case of lesser amounts of
20compensation, as to the time of service reasonably and actually
21expended. The county shall participate in all agreements on the
22rate of compensation of a special prosecutor.
23    (c) An order granting authority to a special prosecutor
24must be construed strictly and narrowly by the court. The power
25and authority of a special prosecutor shall not be expanded
26without prior notice to the county. In the case of the proposed

 

 

10000SB1843sam002- 5 -LRB100 09946 AWJ 25664 a

1expansion of a special prosecutor's power and authority, a
2county may provide the court with information on the financial
3impact of an expansion on the county. Prior to the signing of
4an order requiring a county to pay for attorney's fees or
5litigation expenses, the county shall be provided with a
6detailed copy of the invoice describing the fees, and the
7invoice shall include all activities performed in relation to
8the case and the amount of time spent on each activity.
9(Source: P.A. 99-352, eff. 1-1-16.)
 
10    Section 10. The State's Attorneys Appellate Prosecutor's
11Act is amended by changing Section 4.01 as follows:
 
12    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)
13    Sec. 4.01. (a) The Office and all attorneys employed
14thereby may represent the People of the State of Illinois on
15appeal in all cases which emanate from a county containing less
16than 3,000,000 inhabitants, when requested to do so and at the
17direction of the State's Attorney, otherwise responsible for
18prosecuting the appeal, and may, with the advice and consent of
19the State's Attorney prepare, file and argue such appellate
20briefs in the Illinois Appellate Court and, when requested and
21authorized to do so by the Attorney General, in the Illinois
22Supreme Court.
23    (b) Notwithstanding the population restriction contained
24in subsection (a), the The Office may also assist County

 

 

10000SB1843sam002- 6 -LRB100 09946 AWJ 25664 a

1State's Attorneys in the discharge of their duties under the
2Illinois Controlled Substances Act, the Cannabis Control Act,
3the Methamphetamine Control and Community Protection Act, the
4Drug Asset Forfeiture Procedure Act, the Narcotics Profit
5Forfeiture Act, and the Illinois Public Labor Relations Act,
6including negotiations conducted on behalf of a county or
7pursuant to an intergovernmental agreement as well as in the
8trial and appeal of said cases and of tax objections, and the
9counties which use services relating to labor relations shall
10reimburse the Office on pro-rated shares as determined by the
11board based upon the population and number of labor relations
12cases of the participating counties. In addition, the Office
13and all attorneys employed by the Office may also assist
14State's Attorneys in the discharge of their duties in the
15prosecution, trial, or hearing on post-conviction of other
16cases when requested to do so by, and at the direction of, the
17State's Attorney otherwise responsible for the case. In
18addition, the Office and all attorneys employed by the Office
19may act as Special Prosecutor if duly appointed to do so by a
20court having jurisdiction. Except when the appointment of a
21Special Prosecutor is made pursuant to subsection (a-17) of
22Section 3-9008 of the Counties Code, to To be effective, the
23order appointing the Office or its attorneys as Special
24Prosecutor must (i) identify the case and its subject matter
25and (ii) state that the Special Prosecutor serves at the
26pleasure of the Attorney General, who may substitute himself or

 

 

10000SB1843sam002- 7 -LRB100 09946 AWJ 25664 a

1herself as the Special Prosecutor when, in his or her judgment,
2the interest of the people of the State so requires. Within 5
3days after receiving a copy of an order from the court
4appointing the Office or any of its attorneys as a Special
5Prosecutor, the Office must forward a copy of the order to the
6Springfield office of the Attorney General.
7(Source: P.A. 97-1012, eff. 8-17-12.)".