Illinois General Assembly - Full Text of HB3355
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Full Text of HB3355  100th General Assembly

HB3355ham002 100TH GENERAL ASSEMBLY

Rep. Elgie R. Sims, Jr.

Filed: 4/27/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3355

2    AMENDMENT NO. ______. Amend House Bill 3355, AS AMENDED, by
3inserting immediately below the enacting clause the following:
 
4    "Section 3. The Counties Code is amended by changing
5Section 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) (Blank).
9    (a-5) The court on its own motion, or an interested person
10in a cause or proceeding, civil or criminal, may file a
11petition alleging that the State's Attorney is sick, absent, or
12unable to fulfill his or her duties. The court shall consider
13the petition, any documents filed in response, and if
14necessary, grant a hearing to determine whether the State's
15Attorney is sick, absent, or otherwise unable to fulfill his or
16her duties. If the court finds that the State's Attorney is

 

 

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1sick, absent, or otherwise unable to fulfill his or her duties,
2the court may appoint some competent attorney to prosecute or
3defend the cause or proceeding.
4    (a-10) The court on its own motion, or an interested person
5in a cause or proceeding, civil or criminal, may file a
6petition alleging that the State's Attorney has an actual
7conflict of interest in the cause or proceeding. The court
8shall consider the petition, any documents filed in response,
9and if necessary, grant a hearing to determine whether the
10State's Attorney has an actual conflict of interest in the
11cause or proceeding. If the court finds that the petitioner has
12proven by sufficient facts and evidence that the State's
13Attorney has an actual conflict of interest in a specific case,
14the court may appoint some competent attorney to prosecute or
15defend the cause or proceeding.
16    (a-15) Notwithstanding subsections (a-5) and (a-10) of
17this Section, the State's Attorney may file a petition to
18recuse himself or herself from a cause or proceeding for any
19other reason he or she deems appropriate and the court shall
20appoint a special prosecutor as provided in this Section.
21    (a-17) In a county exceeding a population of 3,000,000, if
22the court determines that the appointment of a special
23prosecutor is required under subsection (a-10) or (a-15), the
24court shall request the Office of the State's Attorneys
25Appellate Prosecutor to serve as the special prosecutor where
26the cause or proceeding is an officer-involved death, as that

 

 

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1term is defined in Section 1-5 of the Police and Community
2Relations Improvement Act. If the Office of the State's
3Attorneys Appellate Prosecutor accepts the request, the
4State's Attorneys Appellate Prosecutor shall be appointed by
5the court and shall have the same power and authority in
6relation to the cause or proceeding as the State's Attorney
7would have had if present and attending to the cause or
8proceedings.
9    (a-20) Except as provided in subsection (a-17), prior Prior
10to appointing a private attorney under this Section, the court
11shall contact public agencies, including, but not limited to,
12the Office of Attorney General, Office of the State's Attorneys
13Appellate Prosecutor, or local State's Attorney's Offices
14throughout the State, to determine a public prosecutor's
15availability to serve as a special prosecutor at no cost to the
16county and shall appoint a public agency if they are able and
17willing to accept the appointment. An attorney so appointed
18shall have the same power and authority in relation to the
19cause or proceeding as the State's Attorney would have if
20present and attending to the cause or proceedings.
21    (b) In case of a vacancy of more than one year occurring in
22any county in the office of State's attorney, by death,
23resignation or otherwise, and it becomes necessary for the
24transaction of the public business, that some competent
25attorney act as State's attorney in and for such county during
26the period between the time of the occurrence of such vacancy

 

 

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1and the election and qualification of a State's attorney, as
2provided by law, the vacancy shall be filled upon the written
3request of a majority of the circuit judges of the circuit in
4which is located the county where such vacancy exists, by
5appointment as provided in The Election Code of some competent
6attorney to perform and discharge all the duties of a State's
7attorney in the said county, such appointment and all authority
8thereunder to cease upon the election and qualification of a
9State's attorney, as provided by law. Any attorney appointed
10for any reason under this Section shall possess all the powers
11and discharge all the duties of a regularly elected State's
12attorney under the laws of the State to the extent necessary to
13fulfill the purpose of such appointment, and shall be paid by
14the county he serves not to exceed in any one period of 12
15months, for the reasonable amount of time actually expended in
16carrying out the purpose of such appointment, the same
17compensation as provided by law for the State's attorney of the
18county, apportioned, in the case of lesser amounts of
19compensation, as to the time of service reasonably and actually
20expended. The county shall participate in all agreements on the
21rate of compensation of a special prosecutor.
22    (c) An order granting authority to a special prosecutor
23must be construed strictly and narrowly by the court. The power
24and authority of a special prosecutor shall not be expanded
25without prior notice to the county. In the case of the proposed
26expansion of a special prosecutor's power and authority, a

 

 

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1county may provide the court with information on the financial
2impact of an expansion on the county. Prior to the signing of
3an order requiring a county to pay for attorney's fees or
4litigation expenses, the county shall be provided with a
5detailed copy of the invoice describing the fees, and the
6invoice shall include all activities performed in relation to
7the case and the amount of time spent on each activity.
8(Source: P.A. 99-352, eff. 1-1-16.)"; and
 
9by inserting immediately below Section 40 the following:
 
10    "Section 43. The State's Attorneys Appellate Prosecutor's
11Act is amended by changing Section 4.01 as follows:
 
12    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)
13    Sec. 4.01. (a) The Office and all attorneys employed
14thereby may represent the People of the State of Illinois on
15appeal in all cases which emanate from a county containing less
16than 3,000,000 inhabitants, when requested to do so and at the
17direction of the State's Attorney, otherwise responsible for
18prosecuting the appeal, and may, with the advice and consent of
19the State's Attorney prepare, file and argue such appellate
20briefs in the Illinois Appellate Court and, when requested and
21authorized to do so by the Attorney General, in the Illinois
22Supreme Court.
23    (b) Notwithstanding the population restriction contained

 

 

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1in subsection (a), the The Office may also assist County
2State's Attorneys in the discharge of their duties under the
3Illinois Controlled Substances Act, the Cannabis Control Act,
4the Methamphetamine Control and Community Protection Act, the
5Drug Asset Forfeiture Procedure Act, the Narcotics Profit
6Forfeiture Act, and the Illinois Public Labor Relations Act,
7including negotiations conducted on behalf of a county or
8pursuant to an intergovernmental agreement as well as in the
9trial and appeal of said cases and of tax objections, and the
10counties which use services relating to labor relations shall
11reimburse the Office on pro-rated shares as determined by the
12board based upon the population and number of labor relations
13cases of the participating counties. In addition, the Office
14and all attorneys employed by the Office may also assist
15State's Attorneys in the discharge of their duties in the
16prosecution, trial, or hearing on post-conviction of other
17cases when requested to do so by, and at the direction of, the
18State's Attorney otherwise responsible for the case. In
19addition, the Office and all attorneys employed by the Office
20may act as Special Prosecutor if duly appointed to do so by a
21court having jurisdiction. Except when the appointment of a
22Special Prosecutor is made pursuant to subsection (a-17) of
23Section 3-9008 of the Counties Code, to To be effective, the
24order appointing the Office or its attorneys as Special
25Prosecutor must (i) identify the case and its subject matter
26and (ii) state that the Special Prosecutor serves at the

 

 

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1pleasure of the Attorney General, who may substitute himself or
2herself as the Special Prosecutor when, in his or her judgment,
3the interest of the people of the State so requires. Within 5
4days after receiving a copy of an order from the court
5appointing the Office or any of its attorneys as a Special
6Prosecutor, the Office must forward a copy of the order to the
7Springfield office of the Attorney General.
8(Source: P.A. 97-1012, eff. 8-17-12.)".