Full Text of HB2363 95th General Assembly
HB2363 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2363
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Jack D. Franks SYNOPSIS AS INTRODUCED: |
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15 ILCS 205/4 |
from Ch. 14, par. 4 |
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Amends the Attorney General Act. Makes a technical change in a Section concerning the
duties of the Attorney General.
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A BILL FOR
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HB2363 |
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LRB095 00920 RCE 20922 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Attorney General Act is amended by changing | 5 |
| Section 4 as follows:
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| (15 ILCS 205/4) (from Ch. 14, par. 4)
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| Sec. 4. The duties of the Attorney General shall be-- | 8 |
| First - To appear for and
and represent the people of the | 9 |
| State before the
supreme court in all cases in which the State | 10 |
| or the people of the State
are interested. | 11 |
| Second - To institute and prosecute all actions and | 12 |
| proceedings in favor
of or for the use of the State, which may | 13 |
| be necessary in the execution of
the duties of any State | 14 |
| officer.
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| Third - To defend all actions and proceedings against any | 16 |
| State officer,
in his official capacity, in any of the courts | 17 |
| of this State or the United
States.
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| Fourth - To consult with and advise the several State's | 19 |
| Attorneys in
matters relating to the duties of their office; | 20 |
| and when, in his judgment,
the interest of the people of the | 21 |
| State requires it, he shall attend the
trial of any party | 22 |
| accused of crime, and assist in the prosecution. When
the | 23 |
| Attorney General has requested in writing that a State's |
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HB2363 |
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LRB095 00920 RCE 20922 b |
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| Attorney
initiate court proceedings to enforce any provisions | 2 |
| of the Election Code
or to initiate a criminal prosecution with | 3 |
| respect to a violation of the
Election Code, and when the | 4 |
| State's Attorney has declined in writing to
initiate those | 5 |
| proceedings or prosecutions or when the State's Attorney
has | 6 |
| neither initiated the proceedings or prosecutions nor | 7 |
| responded in
writing to the Attorney General within 60 days of | 8 |
| the receipt of the request,
the Attorney General may, | 9 |
| concurrently with or independently of the State's
Attorney, | 10 |
| initiate such proceedings or prosecutions.
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| Fifth - To investigate alleged violations of the statutes | 12 |
| which the
Attorney General has a duty to enforce and to conduct | 13 |
| other investigations
in connection with assisting in the | 14 |
| prosecution of a criminal offense at
the request of a State's | 15 |
| Attorney.
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| Sixth - To consult with and advise the governor and other | 17 |
| State officers,
and give, when requested, written opinions upon | 18 |
| all legal or constitutional
questions relating to the duties of | 19 |
| such officers respectively.
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| Seventh - To prepare, when necessary, proper drafts for | 21 |
| contracts and other
writings relating to subjects in which the | 22 |
| State is interested.
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| Eighth - To give written opinions, when requested by either | 24 |
| branch of
the general assembly, or any committee thereof, upon | 25 |
| constitutional or
legal questions.
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| Ninth - To enforce the proper application of funds |
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HB2363 |
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LRB095 00920 RCE 20922 b |
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| appropriated to the
public institutions of the State, prosecute | 2 |
| breaches of trust in the
administration of such funds, and, | 3 |
| when necessary, prosecute corporations
for failure or refusal | 4 |
| to make the reports required by law.
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| Tenth - To keep, a register of all cases prosecuted or | 6 |
| defended by him,
in behalf of the State or its officers, and of | 7 |
| all proceedings had in
relation thereto, and to deliver the | 8 |
| same to his successor in office.
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| Eleventh - To keep on file in his office a copy of the | 10 |
| official opinions
issued by the Attorney General and deliver | 11 |
| same to his successor.
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| Twelfth - To pay into the State treasury all moneys | 13 |
| received by him for
the use of the State.
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| Thirteenth - To attend to and perform any other duty which | 15 |
| may, from time
to time, be required of him by law.
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| Fourteenth - To attend, present evidence to and prosecute | 17 |
| indictments
returned by each Statewide Grand Jury.
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| (Source: P.A. 94-291, eff. 7-21-05.)
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