Full Text of HB4528 101st General Assembly
HB4528 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4528 Introduced 2/5/2020, by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/3-9001 | from Ch. 34, par. 3-9001 |
55 ILCS 5/3-9002 | from Ch. 34, par. 3-9002 |
55 ILCS 5/3-9004 | from Ch. 34, par. 3-9004 |
55 ILCS 5/3-9005 | from Ch. 34, par. 3-9005 |
55 ILCS 5/3-9006 | from Ch. 34, par. 3-9006 |
55 ILCS 5/3-9008 | from Ch. 34, par. 3-9008 |
55 ILCS 5/3-9009 | from Ch. 34, par. 3-9009 |
55 ILCS 5/3-9012 | from Ch. 34, par. 3-9012 |
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Amends the State's Attorney Division of the Counties Code. Provides that, in a county with less than 2,000,000 inhabitants, the State's Attorney may give an opinion, without fee or reward, upon any question of law relating to a County Veterans Assistance Commission. Provides that a County Veterans Assistance Commission may make such a request of the State's Attorney, and the State's Attorney, in the State's Attorney's sole discretion, may grant or decline such a request by a County Veterans Assistance Commission. Makes all provisions of the Division gender neutral. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 3-9001, 3-9002, 3-9004, 3-9005, 3-9006, 3-9008, | 6 | | 3-9009, and 3-9012 as follows:
| 7 | | (55 ILCS 5/3-9001) (from Ch. 34, par. 3-9001)
| 8 | | Sec. 3-9001. Oath; bond. Before entering upon the | 9 | | respective
duties of their office, the state's attorneys shall | 10 | | each be commissioned by
the governor, and shall take the | 11 | | following oath or affirmation:
| 12 | | I do solemnly swear (or affirm, as the case may be), that I | 13 | | will support
the constitution of the United States and the | 14 | | constitution of the state of
Illinois, and that I will | 15 | | faithfully discharge the duties of the office
of state's | 16 | | attorney according to the best of my ability.
| 17 | | Each State's attorney shall also execute a bond, to the | 18 | | People of the
State of Illinois, (or, if the county is | 19 | | self-insured, the county through its
self-insurance program | 20 | | may provide bonding) with good and sufficient
securities in the | 21 | | penal sum of $5,000, to be approved by the circuit court for
| 22 | | the his respective county, which approval shall be indorsed | 23 | | upon the bond. The
bond, with the approval thereof indorsed, |
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| 1 | | shall be entered of record in the
circuit court, and then | 2 | | forwarded by the county clerk to the secretary of
state, to be | 3 | | filed in the Secretary of State's his office. Each of the bonds | 4 | | shall be conditioned upon
the faithful discharge of the duties | 5 | | of the office, and the paying over all
moneys as provided by | 6 | | law, which bond shall run to and be for the benefit of
the | 7 | | state, county, corporation or person injured by a breach of any | 8 | | of the
conditions thereof.
| 9 | | (Source: P.A. 88-387.)
| 10 | | (55 ILCS 5/3-9002) (from Ch. 34, par. 3-9002)
| 11 | | Sec. 3-9002. Commencement of duties. The State's attorney | 12 | | shall
enter upon the duties of the his office on the first day | 13 | | in the month of
December following the his election of the | 14 | | State's Attorney on which the State's attorney's office is
| 15 | | required, by statute or by action of the county board, to be | 16 | | open.
| 17 | | (Source: P.A. 86-962.)
| 18 | | (55 ILCS 5/3-9004) (from Ch. 34, par. 3-9004)
| 19 | | Sec. 3-9004. Failure to give bond or take oath. If any | 20 | | person
elected to the office of State's attorney shall fail to | 21 | | give bond, or take
the oath required of the State's Attorney | 22 | | him , within twenty days after the person he is declared | 23 | | elected,
the office shall be deemed vacant, and if, being | 24 | | required to give
additional bond, as provided in Section 3-9003 |
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| 1 | | hereof, the person he fails to do so
within twenty days after | 2 | | notice of such requirements, the State's Attorney his office | 3 | | may, in the
discretion of the governor, be declared vacant and | 4 | | filled as provided by law.
| 5 | | (Source: P.A. 86-962.)
| 6 | | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| 7 | | Sec. 3-9005. Powers and duties of State's Attorney.
| 8 | | (a) The duty of each State's Attorney shall be:
| 9 | | (1) To commence and prosecute all actions, suits, | 10 | | indictments and
prosecutions, civil and criminal, in the | 11 | | circuit court for the his county,
in which the people of | 12 | | the State or county may be concerned.
| 13 | | (2) To prosecute all forfeited bonds and | 14 | | recognizances, and all
actions and proceedings for the | 15 | | recovery of debts, revenues, moneys,
fines, penalties and | 16 | | forfeitures accruing to the State or the his county, or
to | 17 | | any school district or road district in the his county; | 18 | | also, to
prosecute all suits in the his county against | 19 | | railroad or transportation
companies, which may be | 20 | | prosecuted in the name of the People of the
State of | 21 | | Illinois.
| 22 | | (3) To commence and prosecute all actions and | 23 | | proceedings brought by
any county officer in the State's | 24 | | Attorney's his official capacity.
| 25 | | (4) To defend all actions and proceedings brought |
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| 1 | | against the his
county, or against any county or State | 2 | | officer, in the State's Attorney's his official
capacity, | 3 | | within the his county.
| 4 | | (5) To attend the examination of all persons brought | 5 | | before any judge
on habeas corpus, when the prosecution is | 6 | | in the his county.
| 7 | | (6) To attend before judges and prosecute charges of | 8 | | felony or
misdemeanor, for which the offender is required | 9 | | to be recognized to appear
before the circuit court, when | 10 | | in the State's Attorney's his power so to do.
| 11 | | (7) To give the State's Attorney's his opinion, without | 12 | | fee or reward, to any county officer
in the his county, | 13 | | upon any question or law relating to any criminal or other
| 14 | | matter, in which the people or the county may be concerned.
| 15 | | (8) To assist the Attorney General whenever it may be | 16 | | necessary, and in
cases of appeal from the his county to | 17 | | the Supreme Court, to which it is the
duty of the Attorney | 18 | | General to attend, the State's Attorney he shall furnish | 19 | | the Attorney General
at least 10 days before such is due to | 20 | | be filed, a manuscript of a proposed
statement, brief and | 21 | | argument to be printed and filed on behalf of the people,
| 22 | | prepared in accordance with the rules of the Supreme Court. | 23 | | However, if
such brief, argument or other document is due | 24 | | to be filed by law or order
of court within this 10-day | 25 | | period, then the State's Attorney shall furnish
such as | 26 | | soon as may be reasonable.
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| 1 | | (9) To pay all moneys received by the State's Attorney | 2 | | him in trust, without delay, to the
officer who by law is | 3 | | entitled to the custody thereof.
| 4 | | (10) To notify, by first class mail, complaining | 5 | | witnesses of the ultimate
disposition of the cases arising | 6 | | from an indictment or an information.
| 7 | | (11) To perform such other and further duties as may, | 8 | | from time to time,
be enjoined on the State's Attorney him | 9 | | by law.
| 10 | | (12) To appear in all proceedings by collectors of | 11 | | taxes against
delinquent taxpayers for judgments to sell | 12 | | real estate, and see that all the
necessary preliminary | 13 | | steps have been legally taken to make the judgment legal
| 14 | | and binding.
| 15 | | (13) To notify, by first-class mail, the State | 16 | | Superintendent of Education, the applicable regional | 17 | | superintendent of schools, and the superintendent of the | 18 | | employing school district or the chief school | 19 | | administrator of the employing nonpublic school, if any, | 20 | | upon the conviction of any individual known to possess a | 21 | | certificate or license issued pursuant to Article 21 or | 22 | | 21B, respectively, of the School Code of any offense set | 23 | | forth in Section 21B-80 of the School Code or any other | 24 | | felony conviction, providing the name of the certificate | 25 | | holder, the fact of the conviction, and the name and | 26 | | location of the court where the conviction occurred. The |
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| 1 | | certificate holder must also be contemporaneously sent a | 2 | | copy of the notice. | 3 | | (b) The State's Attorney of each county shall have | 4 | | authority to
appoint one or more special investigators to serve | 5 | | subpoenas and summonses, make return
of process, and conduct | 6 | | investigations which assist the State's Attorney in
the | 7 | | performance of the State's Attorney his duties. In counties of | 8 | | the first and second class, the fees for service of subpoenas | 9 | | and summonses are allowed by this Section and shall be | 10 | | consistent with those set forth in Section 4-5001 of this Act, | 11 | | except when increased by county ordinance as provided for in | 12 | | Section 4-5001. In counties of the third class, the fees for | 13 | | service of subpoenas and summonses are allowed by this Section | 14 | | and shall be consistent with those set forth in Section 4-12001 | 15 | | of this Act. A special investigator shall not carry
firearms | 16 | | except with permission of the State's Attorney and only while
| 17 | | carrying appropriate identification indicating the special | 18 | | investigator's his employment and in the
performance of the | 19 | | special investigator's his assigned duties.
| 20 | | Subject to the qualifications set forth in this subsection, | 21 | | special
investigators shall be peace officers and shall have | 22 | | all the powers possessed
by investigators under the State's | 23 | | Attorneys Appellate Prosecutor's Act.
| 24 | | No special investigator employed by the State's Attorney | 25 | | shall have peace
officer status or exercise police powers | 26 | | unless the special investigator he or she successfully
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| 1 | | completes the basic police training course mandated and | 2 | | approved by the
Illinois Law Enforcement Training Standards | 3 | | Board or such
board waives the training requirement by reason | 4 | | of the special
investigator's prior law enforcement experience | 5 | | or training or both. Any
State's Attorney appointing a special | 6 | | investigator shall consult with all
affected local police | 7 | | agencies, to the extent consistent with the public
interest, if | 8 | | the special investigator is assigned to areas within that
| 9 | | agency's jurisdiction.
| 10 | | Before a person is appointed as a special investigator, the | 11 | | person's his
fingerprints shall be taken and transmitted to the | 12 | | Department of State
Police. The Department shall examine its | 13 | | records and submit to the State's
Attorney of the county in | 14 | | which the investigator seeks appointment any
conviction | 15 | | information concerning the person on file with the Department.
| 16 | | No person shall be appointed as a special investigator if the | 17 | | person he has been
convicted of a felony or other offense | 18 | | involving moral turpitude. A
special investigator shall be paid | 19 | | a salary and be reimbursed for actual
expenses incurred in | 20 | | performing the special investigator's his assigned duties. The | 21 | | county board
shall approve the salary and actual expenses and | 22 | | appropriate the salary
and expenses in the manner prescribed by | 23 | | law or ordinance.
| 24 | | (c) The State's
Attorney may request and receive from | 25 | | employers, labor unions, telephone
companies, and utility | 26 | | companies
location information concerning putative fathers and |
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| 1 | | noncustodial parents for
the purpose of establishing a child's | 2 | | paternity or establishing, enforcing, or
modifying a child | 3 | | support obligation. In this subsection, "location
information"
| 4 | | means information about (i) the physical whereabouts of a | 5 | | putative father or
noncustodial parent, (ii) the putative | 6 | | father or noncustodial parent's
employer, or
(iii) the salary, | 7 | | wages, and other
compensation paid and the health insurance | 8 | | coverage provided to the putative
father or noncustodial parent | 9 | | by the employer of the putative father or
noncustodial parent
| 10 | | or by a labor union of which the putative father or | 11 | | noncustodial parent is a
member.
| 12 | | (d) (Blank).
| 13 | | (e) The State's Attorney shall have the authority to enter | 14 | | into a written
agreement with the Department of Revenue for | 15 | | pursuit of civil
liability under subsection (E) of Section 17-1 | 16 | | of the Criminal Code of 2012 against persons who
have issued to | 17 | | the Department checks or other orders in violation of the
| 18 | | provisions of paragraph (1) of subsection (B) of Section 17-1 | 19 | | of the Criminal
Code of 2012, with the Department to retain the | 20 | | amount owing upon the
dishonored check or order along with the | 21 | | dishonored check fee imposed under the
Uniform Penalty and | 22 | | Interest Act, with the balance of damages, fees, and costs
| 23 | | collected under subsection (E) of Section 17-1 of the Criminal | 24 | | Code of 2012 or under Section 17-1a of that Code to be retained | 25 | | by
the State's Attorney. The agreement shall not affect the | 26 | | allocation of fines
and costs imposed in any criminal |
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| 1 | | prosecution.
| 2 | | (f) In a county with less than 2,000,000 inhabitants, the | 3 | | State's Attorney may give an opinion, without fee or reward, | 4 | | upon any question of law relating to a County Veterans | 5 | | Assistance Commission. A County Veterans Assistance Commission | 6 | | may make such a request of the State's Attorney, and the | 7 | | State's Attorney, in the State's Attorney's sole discretion, | 8 | | may grant or decline such a request by a County Veterans | 9 | | Assistance Commission. | 10 | | (Source: P.A. 101-275, eff. 8-9-19.)
| 11 | | (55 ILCS 5/3-9006) (from Ch. 34, par. 3-9006)
| 12 | | Sec. 3-9006. Internal operations of office; simultaneous | 13 | | county board tenure. | 14 | | (a) Internal operations of the office. The State's Attorney
| 15 | | shall control the internal operations of the State's Attorney's | 16 | | his or her office and procure the
necessary equipment, | 17 | | materials, and services to perform the duties of that
office. | 18 | | (b) Simultaneous county board tenure. A duly appointed | 19 | | Assistant State's Attorney may serve as an Assistant State's | 20 | | Attorney and, simultaneously, serve as a county board member | 21 | | for a county located outside of the jurisdiction of the State's | 22 | | Attorney Office that the Assistant State's Attorney he or she | 23 | | serves. An Assistant State's Attorney serving as a county board | 24 | | member is subject to any internal mechanisms established by the | 25 | | State's Attorney to avoid conflicts of interest in the |
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| 1 | | performance of the individual's his or her duties as an | 2 | | Assistant State's Attorney.
| 3 | | (Source: P.A. 95-1014, eff. 12-15-08.)
| 4 | | (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
| 5 | | Sec. 3-9008. Appointment of attorney to perform duties. | 6 | | (a) (Blank). | 7 | | (a-5) The court on its own motion, or an interested person | 8 | | in a cause or proceeding, civil or criminal, may file a | 9 | | petition alleging that the State's Attorney is sick, absent, or | 10 | | unable to fulfill the State's Attorney's his or her duties. The | 11 | | court shall consider the petition, any documents filed in | 12 | | response, and if necessary, grant a hearing to determine | 13 | | whether the State's Attorney is sick, absent, or otherwise | 14 | | unable to fulfill the State's Attorney's his or her duties. If | 15 | | the court finds that the State's Attorney is sick, absent, or | 16 | | otherwise unable to fulfill the State's Attorney's his or her | 17 | | duties, the court may appoint some competent attorney to | 18 | | prosecute or defend the cause or proceeding. | 19 | | (a-10) The court on its own motion, or an interested person | 20 | | in a cause or proceeding, civil or criminal, may file a | 21 | | petition alleging that the State's Attorney has an actual | 22 | | conflict of interest in the cause or proceeding. The court | 23 | | shall consider the petition, any documents filed in response, | 24 | | and if necessary, grant a hearing to determine whether the | 25 | | State's Attorney has an actual conflict of interest in the |
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| 1 | | cause or proceeding. If the court finds that the petitioner has | 2 | | proven by sufficient facts and evidence that the State's | 3 | | Attorney has an actual conflict of interest in a specific case, | 4 | | the court may appoint some competent attorney to prosecute or | 5 | | defend the cause or proceeding. | 6 | | (a-15) Notwithstanding subsections (a-5) and (a-10) of | 7 | | this Section, the State's Attorney may file a petition to | 8 | | recuse the State's Attorney himself or herself from a cause or | 9 | | proceeding for any other reason the State's Attorney he or she | 10 | | deems appropriate and the court shall appoint a special | 11 | | prosecutor as provided in this Section. | 12 | | (a-20) Prior to appointing a private attorney under this | 13 | | Section, the court shall contact public agencies, including, | 14 | | but not limited to, the Office of Attorney General, Office of | 15 | | the State's Attorneys Appellate Prosecutor, or local State's | 16 | | Attorney's Offices throughout the State, to determine a public | 17 | | prosecutor's availability to serve as a special prosecutor at | 18 | | no cost to the county and shall appoint a public agency if they | 19 | | are able and willing to accept the appointment. An attorney so | 20 | | appointed shall have the same power and authority in relation | 21 | | to the cause or proceeding as the State's Attorney would have | 22 | | if present and attending to the cause or proceedings. | 23 | | (b) In case of a vacancy of more than one year
occurring in | 24 | | any county in the office of State's attorney, by death,
| 25 | | resignation or otherwise, and it becomes necessary for the | 26 | | transaction
of the public business, that some competent |
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| 1 | | attorney act as State's
attorney in and for such county during | 2 | | the period between the time of
the occurrence of such vacancy | 3 | | and the election and qualification of a
State's attorney, as | 4 | | provided by law, the vacancy shall be filled upon
the written | 5 | | request of a majority of the circuit judges of the circuit
in | 6 | | which is located the county where such vacancy exists, by | 7 | | appointment
as provided in The Election Code of some competent | 8 | | attorney to perform
and discharge all the duties of a State's | 9 | | attorney in the said county,
such appointment and all authority | 10 | | thereunder to cease upon the election
and qualification of a | 11 | | State's attorney, as provided by law. Any
attorney appointed | 12 | | for any reason under this Section shall
possess all the powers | 13 | | and discharge all the
duties of a regularly elected State's | 14 | | attorney under the laws of the
State to the extent necessary to | 15 | | fulfill the purpose of such
appointment, and shall be paid by | 16 | | the county the State's Attorney he serves not to exceed in
any | 17 | | one period of 12 months, for the reasonable amount of time | 18 | | actually
expended in carrying out the purpose of such | 19 | | appointment, the same compensation
as provided by law for the | 20 | | State's attorney of the county, apportioned,
in the case of | 21 | | lesser amounts of compensation,
as to the time of service | 22 | | reasonably and actually expended. The county shall participate | 23 | | in all agreements on the rate of compensation of a special | 24 | | prosecutor.
| 25 | | (c) An order granting authority to a special prosecutor | 26 | | must be construed strictly and narrowly by the court. The power |
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| 1 | | and authority of a special prosecutor shall not be expanded | 2 | | without prior notice to the county. In the case of the proposed | 3 | | expansion of a special prosecutor's power and authority, a | 4 | | county may provide the court with information on the financial | 5 | | impact of an expansion on the county. Prior to the signing of | 6 | | an order requiring a county to pay for attorney's fees or | 7 | | litigation expenses, the county shall be provided with a | 8 | | detailed copy of the invoice describing the fees, and the | 9 | | invoice shall include all activities performed in relation to | 10 | | the case and the amount of time spent on each activity. | 11 | | (Source: P.A. 99-352, eff. 1-1-16 .)
| 12 | | (55 ILCS 5/3-9009) (from Ch. 34, par. 3-9009)
| 13 | | Sec. 3-9009. Private fee and employment prohibited. The | 14 | | State's
attorney shall not receive any fee or reward from or in | 15 | | behalf of any
private person for any services within the | 16 | | State's Attorney's his official duties and shall not be
| 17 | | retained or employed, except for the public, in a civil case | 18 | | depending upon
the same state of facts on which a criminal | 19 | | prosecution shall depend.
| 20 | | (Source: P.A. 86-962.)
| 21 | | (55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)
| 22 | | Sec. 3-9012. Compensation. A State's attorney who serves 2 | 23 | | or more counties shall receive such
compensation from the State | 24 | | Treasury as is provided by law for the State's
attorney of a |
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| 1 | | single county. The State's Attorney He shall be paid by the | 2 | | counties such
compensation as may be agreed upon by the county | 3 | | boards within the salary
range prescribed by law applicable to | 4 | | a single county with a population
equal to the combined | 5 | | population of the counties the State's Attorney he serves. | 6 | | Unless the
county boards agree upon a lesser amount, the | 7 | | State's Attorney he shall be paid the highest
permissible | 8 | | salary within such range. The amount to be paid by the counties
| 9 | | shall be apportioned among them on the basis of their | 10 | | population.
Seventy-five percent (75%) of the amount provided | 11 | | by law to be paid from
the State treasury for the services of | 12 | | the State's attorney in the case of
a single county is payable | 13 | | to each of the counties served by the same
State's attorney, | 14 | | except that the amounts paid to those counties under this
| 15 | | Section in any year may not exceed, in the aggregate, the | 16 | | annual salary
paid to that State's attorney from both county | 17 | | and State funds, in which
case reduction of the State's | 18 | | contribution to each county shall be reduced
proportionately | 19 | | according to population of each participating county.
| 20 | | (Source: P.A. 86-962.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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