Full Text of HB2558 97th General Assembly
HB2558ham001 97TH GENERAL ASSEMBLY | Rep. Michael W. Tryon Filed: 4/7/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2558
| 2 | | AMENDMENT NO. ______. Amend House Bill 2558 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 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 | | Whenever the State's attorney is sick or
absent, or unable to | 9 | | attend, or is interested in any cause or
proceeding, civil or | 10 | | criminal, which it is or may be his duty to
prosecute or | 11 | | defend, the court in which said cause or proceeding is
pending | 12 | | may appoint some competent attorney to prosecute or defend such
| 13 | | cause or proceeding, and the attorney so appointed shall have | 14 | | the same
power and authority in relation to such cause or | 15 | | proceeding as the State's
attorney would have had if present | 16 | | and
attending to the same, and in case of a vacancy of more |
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| 1 | | than one year
occurring in any county in the office of State's | 2 | | attorney, by death,
resignation or otherwise, and it becomes | 3 | | necessary for the transaction
of the public business, that some | 4 | | competent attorney act as State's
attorney in and for such | 5 | | county during the period between the time of
the occurrence of | 6 | | such vacancy and the election and qualification of a
State's | 7 | | attorney, as provided by law, the vacancy shall be filled upon
| 8 | | the written request of a majority of the circuit judges of the | 9 | | circuit
in which is located the county where such vacancy | 10 | | exists, by appointment
as provided in The Election Code of some | 11 | | competent attorney to perform
and discharge all the duties of a | 12 | | State's attorney in the said county,
such appointment and all | 13 | | authority thereunder to cease upon the election
and | 14 | | qualification of a State's attorney, as provided by law. Prior | 15 | | to appointing a private attorney, the court shall contact | 16 | | public agencies, including but not limited to the Office of | 17 | | Attorney General, Office of the State's Attorneys Appellate | 18 | | Prosecutor, and local State's Attorney's Offices throughout | 19 | | the State, to determine a public prosecutor's availability to | 20 | | serve as a special prosecutor at no cost to the county. Any
| 21 | | attorney appointed for any reason under this Section shall
| 22 | | possess all the powers and discharge all the
duties of a | 23 | | regularly elected State's attorney under the laws of the
State | 24 | | to the extent necessary to fulfill the purpose of such
| 25 | | appointment, and shall be paid by the county he serves not to | 26 | | exceed in
any one period of 12 months, for the reasonable |
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| 1 | | amount of time actually
expended in carrying out the purpose of | 2 | | such appointment, the same compensation
as provided by law for | 3 | | the State's attorney of the county, apportioned,
in the case of | 4 | | lesser amounts of compensation,
as to the time of service | 5 | | reasonably and actually expended. The county shall participate | 6 | | in all agreements on the rate of compensation of a special | 7 | | prosecutor.
| 8 | | An order granting authority to a special prosecutor must be | 9 | | construed strictly and narrowly by the court. The power and | 10 | | authority of a special prosecutor shall not be expanded without | 11 | | prior notice to the county. In the case of the proposed | 12 | | expansion of a special prosecutor's power and authority, a | 13 | | county may provide the court with information on the financial | 14 | | impact of an expansion on the county. Prior to the signing of | 15 | | an order requiring a county to pay for attorney's fees or | 16 | | litigation expenses, the county shall be provided with a | 17 | | detailed copy of the invoice describing the fees, and the | 18 | | invoice shall include all activities performed in relation to | 19 | | the case and the amount of time spent on each activity. | 20 | | (Source: P.A. 86-962.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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