Full Text of HB4749 97th General Assembly
HB4749ham001 97TH GENERAL ASSEMBLY | Rep. Kent Gaffney Filed: 3/26/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4749
| 2 | | AMENDMENT NO. ______. Amend House Bill 4749 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 | | (a) Whenever the State's attorney is sick or
absent, or | 9 | | unable to attend, or is interested in any cause or
proceeding, | 10 | | civil or criminal, which it is or may be his duty to
prosecute | 11 | | or defend, the court in which said cause or proceeding is
| 12 | | pending may appoint some competent attorney to prosecute or | 13 | | defend such
cause or proceeding, and the attorney so appointed | 14 | | shall have the same
power and authority in relation to such | 15 | | cause or proceeding as the State's
attorney would have had if | 16 | | present and
attending to the same . Prior to appointing a |
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| 1 | | private attorney under this subsection (a), the court shall | 2 | | contact public agencies, including but not limited to the | 3 | | Office of Attorney General, Office of the State's Attorneys | 4 | | Appellate Prosecutor, and local State's Attorney's Offices | 5 | | throughout the State, to determine a public prosecutor's | 6 | | availability to serve as a special prosecutor at no cost to the | 7 | | county. , and | 8 | | (b) In in case of a vacancy of more than one year
occurring | 9 | | in any county in the office of State's attorney, by death,
| 10 | | resignation or otherwise, and it becomes necessary for the | 11 | | transaction
of the public business, that some competent | 12 | | attorney act as State's
attorney in and for such county during | 13 | | the period between the time of
the occurrence of such vacancy | 14 | | and the election and qualification of a
State's attorney, as | 15 | | provided by law, the vacancy shall be filled upon
the written | 16 | | request of a majority of the circuit judges of the circuit
in | 17 | | which is located the county where such vacancy exists, by | 18 | | appointment
as provided in The Election Code of some competent | 19 | | attorney to perform
and discharge all the duties of a State's | 20 | | attorney in the said county,
such appointment and all authority | 21 | | thereunder to cease upon the election
and qualification of a | 22 | | State's attorney, as provided by law. Any
attorney appointed | 23 | | for any reason under this Section shall
possess all the powers | 24 | | and discharge all the
duties of a regularly elected State's | 25 | | attorney under the laws of the
State to the extent necessary to | 26 | | fulfill the purpose of such
appointment, and shall be paid by |
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| 1 | | the county he serves not to exceed in
any one period of 12 | 2 | | months, for the reasonable amount of time actually
expended in | 3 | | carrying out the purpose of such appointment, the same | 4 | | compensation
as provided by law for the State's attorney of the | 5 | | county, apportioned,
in the case of lesser amounts of | 6 | | compensation,
as to the time of service reasonably and actually | 7 | | expended. The county shall participate in all agreements on the | 8 | | rate of compensation of a special prosecutor.
| 9 | | (c) An order granting authority to a special prosecutor | 10 | | must be construed strictly and narrowly by the court. The power | 11 | | and authority of a special prosecutor shall not be expanded | 12 | | without prior notice to the county. In the case of the proposed | 13 | | expansion of a special prosecutor's power and authority, a | 14 | | county may provide the court with information on the financial | 15 | | impact of an expansion on the county. Prior to the signing of | 16 | | an order requiring a county to pay for attorney's fees or | 17 | | litigation expenses, the county shall be provided with a | 18 | | detailed copy of the invoice describing the fees, and the | 19 | | invoice shall include all activities performed in relation to | 20 | | the case and the amount of time spent on each activity. | 21 | | (Source: P.A. 86-962.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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