HB1930 93rd General Assembly


                                     LRB093 05126 RCE 05186 b

 1        AN ACT concerning the Attorney General.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  Attorney  General  Act  is  amended  by
 5    changing Section 4 as follows:

 6        (15 ILCS 205/4) (from Ch. 14, par. 4)
 7        Sec.  4. Duties. The duties of the Attorney General shall
 8    be--
 9        First - To appear for and represent  the  people  of  the
10    State  before  the  supreme  court  in all cases in which the
11    State  or  the  people   of   the   State   are   interested.
12    Notwithstanding  this provision, the Office of Public Counsel
13    shall be authorized to represent the interests of the  people
14    of   the  State  in  all  proceedings  pertinent  to  utility
15    regulation, including cases before the supreme  court,  where
16    any  such  case is properly brought by the Office pursuant to
17    its statutory duties and powers.
18        Second - To  institute  and  prosecute  all  actions  and
19    proceedings  in  favor  of or for the use of the State, which
20    may be necessary in the execution of the duties of any  State
21    officer.
22        Third - To defend all actions and proceedings against any
23    State officer, in his official capacity, in any of the courts
24    of this State or the United States.
25        Fourth  -  To consult with and advise the several State's
26    Attorneys in matters relating to the duties of their  office;
27    and  when, in his judgment, the interest of the people of the
28    State requires it, he shall attend the  trial  of  any  party
29    accused  of  crime,  and assist in the prosecution.  When the
30    Attorney General has requested  in  writing  that  a  State's
31    Attorney initiate court proceedings to enforce any provisions
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 1    of  the  Election  Code or to initiate a criminal prosecution
 2    with respect to a violation of the Election  Code,  and  when
 3    the  State's  Attorney  has  declined  in writing to initiate
 4    those  proceedings  or  prosecutions  or  when  the   State's
 5    Attorney   has   neither   initiated   the   proceedings   or
 6    prosecutions nor responded in writing to the Attorney General
 7    within  60  days  of the receipt of the request, the Attorney
 8    General  may,  concurrently  with  or  independently  of  the
 9    State's Attorney, initiate such proceedings  or prosecutions.
10        Fifth - To investigate alleged violations of the statutes
11    which the Attorney General has  a  duty  to  enforce  and  to
12    conduct  other investigations in connection with assisting in
13    the prosecution of a criminal offense at  the  request  of  a
14    State's Attorney.
15        Sixth - To consult with and advise the governor and other
16    State  officers,  and  give, when requested, written opinions
17    upon all legal or constitutional questions  relating  to  the
18    duties of such officers respectively.
19        Seventh  -  To prepare, when necessary, proper drafts for
20    contracts and other writings relating to  subjects  in  which
21    the State is interested.
22        Eighth  -  To  give  written  opinions, when requested by
23    either branch of  the  general  assembly,  or  any  committee
24    thereof, upon constitutional or legal questions.
25        Ninth  -  To  enforce  the  proper  application  of funds
26    appropriated  to  the  public  institutions  of  the   State,
27    prosecute  breaches  of  trust  in the administration of such
28    funds,  and,  when  necessary,  prosecute  corporations   for
29    failure or refusal to make the reports required by law.
30        Tenth  -  To  keep, a register of all cases prosecuted or
31    defended by him, in behalf of the State or its officers,  and
32    of  all  proceedings  had in relation thereto, and to deliver
33    the same to his successor in office.
34        Eleventh - To keep on file in his office a  copy  of  the
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 1    official  opinions issued by the Attorney General and deliver
 2    same to his successor.
 3        Twelfth - To pay  into  the  State  treasury  all  moneys
 4    received by him for the use of the State.
 5        Thirteenth  -  To  attend  to  and perform any other duty
 6    which may, from time to time, be required of him by law.
 7        Fourteenth - To attend, present evidence to and prosecute
 8    indictments returned by each Statewide Grand Jury.
 9    (Source: P.A. 87-466.)