Sen. Kwame Raoul

Adopted in Senate on Mar 28, 2017





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



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1sick, absent, or otherwise unable to fulfill his or her duties,
2the court may appoint some competent attorney to prosecute or
3defend the cause or proceeding.
4    (a-10) The court on its own motion, or an interested person
5in a cause or proceeding, civil or criminal, may file a
6petition alleging that the State's Attorney has an actual
7conflict of interest in the cause or proceeding. The court
8shall consider the petition and , any documents filed in
9response, and if necessary, grant a hearing to determine
10whether the State's Attorney has an actual conflict of interest
11in the cause or proceeding. If the court finds that the
12petitioner has proven by sufficient facts and evidence that the
13State's Attorney has an actual conflict of interest in a
14specific case, the court may appoint some competent attorney to
15prosecute or defend the cause or proceeding.
16    (a-12) A court considering the petition of an interested
17person to appoint a special prosecutor as prescribed under this
18Section shall presume, without demonstration from the
19petitioner, a rebuttable prosecutorial conflict of interest
20for cases in which the defendant or defendants are members of a
21law enforcement agency, unless the prosecutor is either (i)
22exclusively assigned to cases of public or official misconduct,
23or (ii) a prosecutor whose assignments do not regularly involve
24communication, cooperation, consultation, or collaboration
25with the law enforcement agency or department of which that
26defendant is a member.



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1    (a-15) Notwithstanding subsections (a-5) and (a-10) of
2this Section, the State's Attorney may file a petition to
3recuse himself or herself from a cause or proceeding for any
4other reason he or she deems appropriate and the court shall
5appoint a special prosecutor as provided in this Section.
6    (a-20) Prior to appointing a private attorney under this
7Section, the court shall contact public agencies, including,
8but not limited to, the Office of Attorney General, Office of
9the State's Attorneys Appellate Prosecutor, or local State's
10Attorney's Offices throughout the State, to determine a public
11prosecutor's availability to serve as a special prosecutor at
12no cost to the county and shall appoint a public agency if they
13are able and willing to accept the appointment. An attorney so
14appointed shall have the same power and authority in relation
15to the cause or proceeding as the State's Attorney would have
16if present and attending to the cause or proceedings.
17    (b) In case of a vacancy of more than one year occurring in
18any county in the office of State's attorney, by death,
19resignation or otherwise, and it becomes necessary for the
20transaction of the public business, that some competent
21attorney act as State's attorney in and for such county during
22the period between the time of the occurrence of such vacancy
23and the election and qualification of a State's attorney, as
24provided by law, the vacancy shall be filled upon the written
25request of a majority of the circuit judges of the circuit in
26which is located the county where such vacancy exists, by



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



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1detailed copy of the invoice describing the fees, and the
2invoice shall include all activities performed in relation to
3the case and the amount of time spent on each activity.
4(Source: P.A. 99-352, eff. 1-1-16.)
5    Section 99. Effective date. This Act takes effect January
61, 2018.".