725 ILCS 210/ State's Attorneys Appellate Prosecutor's Act.

(725 ILCS 210/1) (from Ch. 14, par. 201)

Sec. 1. This Act may be cited as the State's Attorneys Appellate Prosecutor's Act.

(Source: P.A. 84-1062.)

(725 ILCS 210/2) (from Ch. 14, par. 202)

Sec. 2. In this Act, unless the context clearly requires a different meaning, the following definitions apply:

(1) "Board" means the board of governors of the Office of the State's Attorneys Appellate Prosecutor;

(2) "Member" means a member of the board;

(3) "Director" means the Director of the Office of the State's Attorneys Appellate Prosecutor; and

(4) "District" means a judicial district as defined in "An Act establishing the Judicial Districts", approved May 13, 1963, as now or hereafter amended;

(5) "State" means the State of Illinois; and

(6) "Office" means the Office of the State's Attorneys Appellate Prosecutor.

(Source: P.A. 84-1062.)

(725 ILCS 210/3) (from Ch. 14, par. 203)

Sec. 3. There is created the Office of the State's Attorneys Appellate Prosecutor as a judicial agency of State government.

(a) The Office of the State's Attorneys Appellate Prosecutor shall be governed by a board of governors which shall consist of 10 members as follows:

(1) Eight State's Attorneys, 2 to be elected from each District containing less than 3,000,000 inhabitants;

(2) The State's Attorney of Cook County or his or her designee; and

(3) One State's Attorney to be bi-annually appointed by the other 9 members.

(b) Voting for elected members shall be by District with each of the State's Attorneys voting from their respective district. Each board member must be duly elected or appointed and serving as State's Attorney in the district from which he was elected or appointed.

(c) Elected members shall serve for a term of 2 years commencing upon their election and until their successors are duly elected or appointed and qualified.

(d) A bi-annual election of members of the board shall be held within 30 days prior or subsequent to the beginning of each odd numbered calendar year, and the board shall certify the results to the Secretary of State.

(e) The board shall promulgate rules of procedure for the election of its members and the conduct of its meetings and shall elect a Chairman and a Vice-Chairman and such other officers as it deems appropriate. The board shall meet at least once every 6 months, and in addition thereto as directed by the Chairman, or upon the special call of any 5 members of the board, in writing, sent to the Chairman, designating the time and place of the meeting.

(f) Five members of the board shall constitute a quorum for the purpose of transacting business.

(g) Members of the board shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(h) A position shall be vacated by either a member's resignation, removal or inability to serve as State's Attorney.

(i) Vacancies on the board of elected members shall be filled within 90 days of the occurrence of the vacancy by a special election held by the State's Attorneys in the district where the vacancy occurred. Vacancies on the board of the appointed member shall be filled within 90 days of the occurrence of the vacancy by a special election by the members. In the case of a special election, the tabulation and certification of the results may be conducted at any regularly scheduled quarterly or special meeting called for that purpose. A member elected or appointed to fill such position shall serve for the unexpired term of the member whom he is succeeding. Any member may be re-elected or re-appointed for additional terms.

(Source: P.A. 102-16, eff. 6-17-21; 102-687, eff. 12-17-21; 103-811, eff. 8-9-24.)

(725 ILCS 210/4) (from Ch. 14, par. 204)

Sec. 4. The board and the Office have the powers and duties enumerated in Sections 4.01 through 4.10.

(Source: P.A. 84-1062.)

(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.)

(725 ILCS 210/4.02) (from Ch. 14, par. 204.02)

Sec. 4.02. The board shall appoint a Director.

(Source: P.A. 84-1062.)

(725 ILCS 210/4.03) (from Ch. 14, par. 204.03)

Sec. 4.03. The board shall advise the Director and shall establish policies for the operation of the Office.

(Source: P.A. 84-1062.)

(725 ILCS 210/4.04) (from Ch. 14, par. 204.04)

Sec. 4.04. The board shall establish an Office in each district containing less than 3,000,000 inhabitants.

(Source: P.A. 84-1062.)

(725 ILCS 210/4.05) (from Ch. 14, par. 204.05)

Sec. 4.05. The board shall approve or modify an annual budget submitted to it by the Director and establish the number of employees.

(Source: P.A. 84-1062.)

(725 ILCS 210/4.06) (from Ch. 14, par. 204.06)

Sec. 4.06. The board shall submit an annual report to the General Assembly and Governor regarding the operation of the Office of the State's Attorneys Appellate Prosecutor.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 100-1148, eff. 12-10-18.)

(725 ILCS 210/4.07) (from Ch. 14, par. 204.07)

Sec. 4.07. The Office may accept and expend monies, gifts, grants and services from any public or private source; contract or enter into agreements with educational institutions or any Illinois county, the state of Illinois or federal agencies.

(Source: P.A. 84-1062.)

(725 ILCS 210/4.08) (from Ch. 14, par. 204.08)

Sec. 4.08. The Office may establish programs, alone or in conjunction with law schools, for the purpose of utilizing law students as legal assistants and interns.

(Source: P.A. 84-1062.)

(725 ILCS 210/4.09) (from Ch. 14, par. 204.09)

Sec. 4.09. The board shall provide for such rules and regulations as may be required for the administration of this Act.

(Source: P.A. 84-1062.)

(725 ILCS 210/4.10) (from Ch. 14, par. 204.10)

Sec. 4.10. The Office may conduct and charge tuition for training programs for State's Attorneys, Assistant State's Attorneys and other law enforcement officers. The Office shall conduct training programs and provide technical trial assistance for Illinois State's Attorneys, Assistant State's Attorneys, and law enforcement officers on: (1) constitutional, statutory, and case law issues; (2) forensic evidence; (3) prosecutorial ethics and professional responsibility; and (4) a continuum of trial advocacy techniques and methods, including an emphasis on the elimination of or reduction in the trauma of testifying in criminal proceedings for vulnerable populations including seniors, persons with disabilities, and children who serve as witnesses in such proceedings. The Office may make grants for these purposes. In addition, the Office may publish, disseminate and sell publications and newsletters which digest current Appellate and Supreme Court cases and legislative developments of importance to prosecutors and law enforcement officials. The moneys collected by the Office from the programs and publications provided for in this Section shall be deposited in the Continuing Legal Education Trust Fund, which special fund is hereby created in the State Treasury. In addition, such appropriations, gifts or grants of money as the Office may secure from any public or private source for the purposes described in this Section shall be deposited in the Continuing Legal Education Trust Fund. The General Assembly shall make appropriations from the Continuing Legal Education Trust Fund for the expenses of the Office incident to conducting the programs and publishing the materials provided for in this Section.

(Source: P.A. 99-143, eff. 7-27-15.)

(725 ILCS 210/4.11)

Sec. 4.11. Juvenile Justice Resource Center. The Office may develop a Juvenile Justice Resource Center to: (i) study, design, develop, and implement model systems for the adjudication of juveniles in the justice system; (ii) in cases in which a sentence of incarceration or an adult sentence, or both, is an authorized disposition, provide trial counsel with legal advice and the assistance of expert witnesses and investigators from funds appropriated to the Office by the General Assembly specifically for that purpose; (iii) develop and provide training to assistant State's Attorneys on juvenile justice issues, and (iv) make an annual report to the General Assembly.

(Source: P.A. 95-376, eff. 1-1-08; 95-876, eff. 8-21-08.)

(725 ILCS 210/4.12)

Sec. 4.12. Best Practices Protocol Committee. The Board may establish a Best Practices Protocol Committee which may evaluate and recommend a Best Practices Protocol on specific issues related to the implementation of the criminal justice system. The Best Practices Committee may review and make recommendations to improve and enhance public safety, with due consideration for the rights of the accused and the rights of crime victims.

(Source: P.A. 102-16, eff. 6-17-21.)

(725 ILCS 210/5) (from Ch. 14, par. 205)

Sec. 5. The Director and all attorneys employed by the Office of the State's Attorneys Appellate Prosecutor shall take the oath of office in like manner as Assistant State's Attorneys.

(Source: P.A. 84-1062.)

(725 ILCS 210/6) (from Ch. 14, par. 206)

Sec. 6. The Office is to be organized in the following manner:

(a) The staff of the Office of the State's Attorneys Appellate Prosecutor shall consist of a Director, 4 Deputy Directors, Staff Attorneys and such other administrative, secretarial and clerical employees as may be necessary.

(b) The Director and all Office Attorneys must be licensed to practice law in the State of Illinois. All full-time legal personnel shall devote full time to their duties and may not engage in the private practice of law, except as provided in Section 7.02.

(c) The Director and such other employees as may be hired hereunder shall not be subject to the provisions of the Illinois Personnel Code.

(Source: P.A. 96-900, eff. 5-28-10.)

(725 ILCS 210/7) (from Ch. 14, par. 207)

Sec. 7. The Director has the powers and duties enumerated in Sections 7.01 through 7.06.

(Source: P.A. 81-1057.)

(725 ILCS 210/7.01) (from Ch. 14, par. 207.01)

Sec. 7.01. The Director shall be appointed by and serve at the pleasure of the board.

(Source: P.A. 84-1062.)

(725 ILCS 210/7.02) (from Ch. 14, par. 207.02)

Sec. 7.02. The Director may, with the concurrence of the board, hire such employees, including part-time employees, as are necessary to carry out Office duties, and the Director shall establish rates of compensation therefor within the limits of the appropriations made by the General Assembly and such other funds as may be available. All Attorneys hired as part-time employees who devote 50% or more of their time to Office duties are prohibited from the private practice of law.

(Source: P.A. 84-1062.)

(725 ILCS 210/7.03) (from Ch. 14, par. 207.03)

Sec. 7.03. The Director may, with the concurrence of the board, promulgate regulations, instructions and orders consistent with this Act further defining the organization of the Office and duties of the employees.

(Source: P.A. 84-1062.)

(725 ILCS 210/7.04) (from Ch. 14, par. 207.04)

Sec. 7.04. The Director shall submit reports to the board on the operation of his office at each meeting. The Director shall submit a comprehensive report to the board at the end of each fiscal year, and the board may require the Director to submit additional or amended reports on any phase of the operation of his office.

(Source: P.A. 84-1062.)

(725 ILCS 210/7.05) (from Ch. 14, par. 207.05)

Sec. 7.05. The Director shall submit an annual budget for the approval of the board.

(Source: P.A. 84-1062.)

(725 ILCS 210/7.06) (from Ch. 14, par. 207.06)

Sec. 7.06. (a) The Director may contract for or employ part-time such investigators to provide investigative services in criminal cases and tax objection cases for staff counsel and county state's attorneys. Investigators may be authorized by the board to carry tear gas gun projectors or bombs, pistols, revolvers, stun guns, tasers or other firearms.

Subject to the qualifications set forth below, investigators shall be peace officers and shall have all the powers possessed by policemen in cities and by sheriffs; provided, that investigators shall exercise such powers anywhere in the State only after contact and in cooperation with the appropriate local law enforcement agencies, unless the contact and cooperation would compromise an investigation in which they have a personal involvement.

No investigator shall have peace officer status or exercise police powers unless he or she successfully completes the basic police training course mandated and approved by the Illinois Law Enforcement Training Standards Board or such board waives the training requirement by reason of the investigator's prior law enforcement experience or training or both.

The board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn officer of a local, state or federal law enforcement agency, 2 of which shall have been in an investigatory capacity.

(b) The Director must authorize to each investigator contracted or employed under this Section and to any other employee of the Office exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the Office and (ii) contains a unique identifying number. No other badge shall be authorized by the Office. Nothing in this subsection prohibits the Director from issuing shields or other distinctive identification to employees not exercising the powers of a peace officer if the Director determines that a shield or distinctive identification is necessary for the employee to carry out his or her duties and responsibilities.

(Source: P.A. 99-208, eff. 7-30-15.)

(725 ILCS 210/8) (from Ch. 14, par. 208)

Sec. 8. Nothing herein contained shall be construed to abrogate or diminish the rights of State's Attorneys to prosecute appeals in any case.

(Source: P.A. 80-1stSS-1; 80-1stSS-3.)

(725 ILCS 210/9) (from Ch. 14, par. 209)

Sec. 9. There is created a special fund in the State Treasury designated as the State's Attorneys Appellate Prosecutor's County Fund which is to be held in trust for this purpose. It shall be funded from contributions collected from the counties in the program, other than moneys received from the counties for the programs and publications authorized by Section 4.10 of this Act. The contributions shall be based on proportional shares as determined by the board based on the populations of the participating counties and their level of participation. This fund is to be used exclusively for the expenses of the Office.

(Source: P.A. 102-16, eff. 6-17-21.)

(725 ILCS 210/9.01) (from Ch. 14, par. 209.01)

Sec. 9.01. The General Assembly shall appropriate money for the expenses of the Office, other than the expenses of the Office incident to the programs and publications authorized by Section 4.10 of this Act, from such Funds and in such amounts as it may determine except for employees in the collective bargaining unit, for which all personal services expenses shall be paid from the General Revenue Fund.

(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)

(725 ILCS 210/9.02) (from Ch. 14, par. 209.02)

Sec. 9.02. Within 90 days after the appropriation becomes law, the board shall allocate the county shares of the expenses to the participating counties in proportion to population.

(Source: P.A. 99-208, eff. 7-30-15.)

(725 ILCS 210/9.03) (from Ch. 14, par. 209.03)

Sec. 9.03. If there is an unobligated balance remaining in the State's Attorneys Appellate Prosecutor's County Fund at the end of a fiscal year, that sum shall be rolled over for use in the ensuing fiscal year, and shall be considered by the board in allocating the county shares of the expenses to the participating counties.

(Source: P.A. 86-332.)

(725 ILCS 210/9.04)

Sec. 9.04. (Repealed).

(Source: P.A. 84-1062. Repealed by P.A. 96-900, eff. 5-28-10.)

(725 ILCS 210/9.05) (from Ch. 14, par. 209.05)

Sec. 9.05. For the purposes of Sections 9 through 9.04, population shall be determined by the last available federal census.

(Source: P.A. 80-1stSS-1; 80-1stSS-3.)

(725 ILCS 210/10)

Sec. 10. (Repealed).

(Source: P.A. 84-1062. Repealed by P.A. 96-900, eff. 5-28-10.)

(725 ILCS 210/11) (from Ch. 14, par. 211)

Sec. 11. The provisions of the "Illinois Administrative Procedure Act", as now or hereafter amended, are hereby expressly adopted and incorporated herein as though a part of this Act, and shall apply to all administrative rules and procedures of the Office of the State's Attorneys Appellate Prosecutor under this Act.

(Source: P.A. 84-1062.)