Full Text of HB3926 101st General Assembly
HB3926 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3926 Introduced 10/28/2019, by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: |
| 50 ILCS 727/1-10 | |
55 ILCS 5/3-9008 | from Ch. 34, par. 3-9008 |
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Amends the Police and Community Relations Improvement Act. Provides that in the case of a law enforcement officer-involved death, the chief judge of the circuit court of the circuit in which the law enforcement officer-involved death occurred shall appoint a special prosecutor to review the report of the investigators assigned to investigate an officer-involved death and to prosecute the officer involved in the death, if the special prosecutor determines that there is a basis for the prosecution. Amends the Counties Code to make conforming changes. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| | | HB3926 | | LRB101 14730 RLC 63679 b |
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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 Police and Community Relations Improvement | 5 | | Act is amended by changing Section 1-10 as follows: | 6 | | (50 ILCS 727/1-10)
| 7 | | Sec. 1-10. Investigation of officer-involved deaths; | 8 | | requirements.
| 9 | | (a) Each law enforcement agency shall have a written policy | 10 | | regarding the investigation of officer-involved deaths that | 11 | | involve a law enforcement officer employed by that law | 12 | | enforcement agency. | 13 | | (b) Each officer-involved death investigation shall be | 14 | | conducted by at least 2 investigators, or an entity or agency | 15 | | comprised of at least 2 investigators, one of whom is the lead | 16 | | investigator. The lead investigator shall be a person certified | 17 | | by the Illinois Law Enforcement Training Standards Board as a | 18 | | Lead Homicide Investigator, or similar training approved by the | 19 | | Illinois Law Enforcement Training Standards Board or the | 20 | | Department of State Police, or similar training provided at an | 21 | | Illinois Law Enforcement Training Standards Board certified | 22 | | school. No
investigator involved in the investigation may be | 23 | | employed by the law enforcement agency that employs the officer |
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| 1 | | involved in the officer-involved death, unless the | 2 | | investigator is employed by the Department of State Police and | 3 | | is not assigned to the same division or unit as the officer | 4 | | involved in the death. | 5 | | (c) In addition to the requirements of subsection (b) of | 6 | | this Section, if the officer-involved death being investigated | 7 | | involves a motor vehicle accident, at least one investigator | 8 | | shall be certified by the Illinois Law Enforcement Training | 9 | | Standards Board as a Crash Reconstruction Specialist, or | 10 | | similar training approved by the Illinois Law Enforcement | 11 | | Training Standards Board or the Department of State Police, or | 12 | | similar training provided at an Illinois Law Enforcement | 13 | | Training Standards Board certified school. Notwithstanding the | 14 | | requirements of subsection (b) of this Section, the policy for | 15 | | a law enforcement agency, when the officer-involved death being | 16 | | investigated involves a motor vehicle collision, may allow the | 17 | | use of an investigator who is employed by that law enforcement | 18 | | agency and who is certified by the Illinois Law Enforcement | 19 | | Training Standards Board as a Crash Reconstruction Specialist, | 20 | | or similar training approved by the Illinois Law Enforcement | 21 | | Training and Standards Board, or similar certified training | 22 | | approved by the Department of State Police, or similar training | 23 | | provided at an Illinois Law Enforcement Training and Standards | 24 | | Board certified school. | 25 | | (d) The investigators conducting the investigation shall, | 26 | | in an expeditious manner, provide a complete report to the |
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| 1 | | special prosecutor appointed by the court as provided in | 2 | | subsection (d-5) State's Attorney of the county in which the | 3 | | officer-involved death occurred . | 4 | | (d-5) The chief judge of the circuit court of the circuit | 5 | | in which the law enforcement officer-involved death occurred | 6 | | shall appoint a special prosecutor to review the report of the | 7 | | investigators assigned to investigate an officer-involved | 8 | | death and to prosecute the officer involved in the death, if | 9 | | the special prosecutor determines that there is a basis for the | 10 | | prosecution. | 11 | | (e) If the special prosecutor appointed by the court under | 12 | | subsection (d-5) State's Attorney, or a designated special | 13 | | prosecutor, determines there is no basis to prosecute the law | 14 | | enforcement officer involved in the officer-involved death, or | 15 | | if the law enforcement officer is not otherwise charged or | 16 | | indicted, the investigators shall publicly release a report.
| 17 | | (Source: P.A. 99-352, eff. 1-1-16 .) | 18 | | Section 10. The Counties Code is amended by changing | 19 | | Section 3-9008 as follows:
| 20 | | (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
| 21 | | Sec. 3-9008. Appointment of attorney to perform duties. | 22 | | (a) (Blank). | 23 | | (a-5) The court on its own motion, or an interested person | 24 | | in a cause or proceeding, civil or criminal, may file a |
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| 1 | | petition alleging that the State's Attorney is sick, absent, or | 2 | | unable to fulfill his or her duties. The court shall consider | 3 | | the petition, any documents filed in response, and if | 4 | | necessary, grant a hearing to determine whether the State's | 5 | | Attorney is sick, absent, or otherwise unable to fulfill his or | 6 | | her duties. If the court finds that the State's Attorney is | 7 | | sick, absent, or otherwise unable to fulfill his or her duties, | 8 | | the court may appoint some competent attorney to prosecute or | 9 | | defend the cause or proceeding. | 10 | | (a-10) The court on its own motion, or an interested person | 11 | | in a cause or proceeding, civil or criminal, may file a | 12 | | petition alleging that the State's Attorney has an actual | 13 | | conflict of interest in the cause or proceeding. The court | 14 | | shall consider the petition, any documents filed in response, | 15 | | and if necessary, grant a hearing to determine whether the | 16 | | State's Attorney has an actual conflict of interest in the | 17 | | cause or proceeding. If the court finds that the petitioner has | 18 | | proven by sufficient facts and evidence that the State's | 19 | | Attorney has an actual conflict of interest in a specific case, | 20 | | the court may appoint some competent attorney to prosecute or | 21 | | defend the cause or proceeding. | 22 | | (a-11) In the case of an officer-involved death, as defined | 23 | | in Section 1-5 of the Police and Community Relations | 24 | | Improvement Act, the court shall appoint a special prosecutor | 25 | | to prosecute a law enforcement officer for an officer-involved | 26 | | death as provided in subsection (d-5) of Section 1-10 of that |
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| 1 | | Act. | 2 | | (a-15) Notwithstanding subsections (a-5) and (a-10) of | 3 | | this Section, the State's Attorney may file a petition to | 4 | | recuse himself or herself from a cause or proceeding for any | 5 | | other reason he or she deems appropriate and the court shall | 6 | | appoint a special prosecutor as provided in this Section. | 7 | | (a-20) Prior to appointing a private attorney under this | 8 | | Section, the court shall contact public agencies, including, | 9 | | but not limited to, the Office of Attorney General, Office of | 10 | | the State's Attorneys Appellate Prosecutor, or local State's | 11 | | Attorney's Offices throughout the State, to determine a public | 12 | | prosecutor's availability to serve as a special prosecutor at | 13 | | no cost to the county and shall appoint a public agency if they | 14 | | are able and willing to accept the appointment. An attorney so | 15 | | appointed shall have the same power and authority in relation | 16 | | to the cause or proceeding as the State's Attorney would have | 17 | | if present and attending to the cause or proceedings. | 18 | | (b) In case of a vacancy of more than one year
occurring in | 19 | | any county in the office of State's attorney, by death,
| 20 | | resignation or otherwise, and it becomes necessary for the | 21 | | transaction
of the public business, that some competent | 22 | | attorney act as State's
attorney in and for such county during | 23 | | the period between the time of
the occurrence of such vacancy | 24 | | and the election and qualification of a
State's attorney, as | 25 | | provided by law, the vacancy shall be filled upon
the written | 26 | | request of a majority of the circuit judges of the circuit
in |
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| 1 | | which is located the county where such vacancy exists, by | 2 | | appointment
as provided in The Election Code of some competent | 3 | | attorney to perform
and discharge all the duties of a State's | 4 | | attorney in the said county,
such appointment and all authority | 5 | | thereunder to cease upon the election
and qualification of a | 6 | | State's attorney, as provided by law. Any
attorney appointed | 7 | | for any reason under this Section shall
possess all the powers | 8 | | and discharge all the
duties of a regularly elected State's | 9 | | attorney under the laws of the
State to the extent necessary to | 10 | | fulfill the purpose of such
appointment, and shall be paid by | 11 | | the county he serves not to exceed in
any one period of 12 | 12 | | months, for the reasonable amount of time actually
expended in | 13 | | carrying out the purpose of such appointment, the same | 14 | | compensation
as provided by law for the State's attorney of the | 15 | | county, apportioned,
in the case of lesser amounts of | 16 | | compensation,
as to the time of service reasonably and actually | 17 | | expended. The county shall participate in all agreements on the | 18 | | rate of compensation of a special prosecutor.
| 19 | | (c) An order granting authority to a special prosecutor | 20 | | must be construed strictly and narrowly by the court. The power | 21 | | and authority of a special prosecutor shall not be expanded | 22 | | without prior notice to the county. In the case of the proposed | 23 | | expansion of a special prosecutor's power and authority, a | 24 | | county may provide the court with information on the financial | 25 | | impact of an expansion on the county. Prior to the signing of | 26 | | an order requiring a county to pay for attorney's fees or |
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| 1 | | litigation expenses, the county shall be provided with a | 2 | | detailed copy of the invoice describing the fees, and the | 3 | | invoice shall include all activities performed in relation to | 4 | | the case and the amount of time spent on each activity. | 5 | | (Source: P.A. 99-352, eff. 1-1-16 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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