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725 ILCS 210/4.01
(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
Sec. 4.01. (a) 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 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. (b) Notwithstanding the population restriction contained in subsection (a), 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 Methamphetamine Control and Community Protection 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,
trial, or hearing on post-conviction 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. 100-319, eff. 8-24-17.)
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