Full Text of SB0080 99th General Assembly
SB0080 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0080 Introduced 1/28/2015, by Sen. Andy Manar SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/3-9005 | from Ch. 34, par. 3-9005 | 55 ILCS 5/3-9008 | from Ch. 34, par. 3-9008 |
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Amend the Counties Code. Provides that the State's Attorney shall request the appointment of a special prosecutor for officer-involved deaths. Defines "officer-involved death". Provides that the Illinois Supreme Court may make such rules as they deem necessary and expedient to guide or limit courts in appointing special prosecutors for officer-involved deaths. Effective immediately.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 3-9005 and 3-9008 as follows:
| 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) Except as otherwise provided in subsection (a-5) of | 10 | | Section 3-9008 of this Code, to To commence and prosecute | 11 | | all actions, suits, indictments and
prosecutions, civil | 12 | | and criminal, in the circuit court for his county,
in which | 13 | | the people of the State or county may be concerned.
| 14 | | (2) To prosecute all forfeited bonds and | 15 | | recognizances, and all
actions and proceedings for the | 16 | | recovery of debts, revenues, moneys,
fines, penalties and | 17 | | forfeitures accruing to the State or his county, or
to any | 18 | | school district or road district in his county; also, to
| 19 | | prosecute all suits in his county against railroad or | 20 | | transportation
companies, which may be prosecuted in the | 21 | | name of the People of the
State of Illinois.
| 22 | | (3) To commence and prosecute all actions and | 23 | | proceedings brought by
any county officer in his official |
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| 1 | | capacity.
| 2 | | (4) To defend all actions and proceedings brought | 3 | | against his
county, or against any county or State officer, | 4 | | in his official
capacity, within his county.
| 5 | | (5) To attend the examination of all persons brought | 6 | | before any judge
on habeas corpus, when the prosecution is | 7 | | in his county.
| 8 | | (6) To attend before judges and prosecute charges of | 9 | | felony or
misdemeanor, for which the offender is required | 10 | | to be recognized to appear
before the circuit court, when | 11 | | in his power so to do.
| 12 | | (7) To give his opinion, without fee or reward, to any | 13 | | county officer
in his county, upon any question or law | 14 | | relating to any criminal or other
matter, in which the | 15 | | people or the county may be concerned.
| 16 | | (8) To assist the attorney general whenever it may be | 17 | | necessary, and in
cases of appeal from his county to the | 18 | | Supreme Court, to which it is the
duty of the attorney | 19 | | general to attend, he shall furnish the attorney general
at | 20 | | least 10 days before such is due to be filed, a manuscript | 21 | | of a proposed
statement, brief and argument to be printed | 22 | | and filed on behalf of the people,
prepared in accordance | 23 | | with the rules of the Supreme Court. However, if
such | 24 | | brief, argument or other document is due to be filed by law | 25 | | or order
of court within this 10 day period, then the | 26 | | State's attorney shall furnish
such as soon as may be |
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| 1 | | reasonable.
| 2 | | (9) To pay all moneys received by him in trust, without | 3 | | delay, to the
officer who by law is entitled to the custody | 4 | | thereof.
| 5 | | (10) To notify, by first class mail, complaining | 6 | | witnesses of the ultimate
disposition of the cases arising | 7 | | from an indictment or an information.
| 8 | | (11) To perform such other and further duties as may, | 9 | | from time to time,
be enjoined on him 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, make return
of process and conduct investigations | 6 | | which assist the State's Attorney in
the performance of his | 7 | | duties. A special investigator shall not carry
firearms except | 8 | | with permission of the State's Attorney and only while
carrying | 9 | | appropriate identification indicating his employment and in | 10 | | the
performance of his assigned duties.
| 11 | | Subject to the qualifications set forth in this subsection, | 12 | | special
investigators shall be peace officers and shall have | 13 | | all the powers possessed
by investigators under the State's | 14 | | Attorneys Appellate Prosecutor's Act.
| 15 | | No special investigator employed by the State's Attorney | 16 | | shall have peace
officer status or exercise police powers | 17 | | unless he or she successfully
completes the basic police | 18 | | training course mandated and approved by the
Illinois Law | 19 | | Enforcement Training Standards Board or such
board waives the | 20 | | training requirement by reason of the special
investigator's | 21 | | prior law enforcement experience or training or both. Any
| 22 | | State's Attorney appointing a special investigator shall | 23 | | consult with all
affected local police agencies, to the extent | 24 | | consistent with the public
interest, if the special | 25 | | investigator is assigned to areas within that
agency's | 26 | | jurisdiction.
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| 1 | | Before a person is appointed as a special investigator, his
| 2 | | fingerprints shall be taken and transmitted to the Department | 3 | | of State
Police. The Department shall examine its records and | 4 | | submit to the State's
Attorney of the county in which the | 5 | | investigator seeks appointment any
conviction information | 6 | | concerning the person on file with the Department.
No person | 7 | | shall be appointed as a special investigator if he has been
| 8 | | convicted of a felony or other offense involving moral | 9 | | turpitude. A
special investigator shall be paid a salary and be | 10 | | reimbursed for actual
expenses incurred in performing his | 11 | | assigned duties. The county board
shall approve the salary and | 12 | | actual expenses and appropriate the salary
and expenses in the | 13 | | manner prescribed by law or ordinance.
| 14 | | (c) The State's
Attorney may request and receive from | 15 | | employers, labor unions, telephone
companies, and utility | 16 | | companies
location information concerning putative fathers and | 17 | | noncustodial parents for
the purpose of establishing a child's | 18 | | paternity or establishing, enforcing, or
modifying a child | 19 | | support obligation. In this subsection, "location
information"
| 20 | | means information about (i) the physical whereabouts of a | 21 | | putative father or
noncustodial parent, (ii) the putative | 22 | | father or noncustodial parent's
employer, or
(iii) the salary, | 23 | | wages, and other
compensation paid and the health insurance | 24 | | coverage provided to the putative
father or noncustodial parent | 25 | | by the employer of the putative father or
noncustodial parent
| 26 | | or by a labor union of which the putative father or |
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| 1 | | noncustodial parent is a
member.
| 2 | | (d) For each State fiscal year, the
State's Attorney of | 3 | | Cook County shall appear before the General Assembly and
| 4 | | request appropriations to be made from the Capital Litigation | 5 | | Trust Fund to the
State Treasurer for the purpose of providing | 6 | | assistance in the prosecution of
capital cases in Cook County | 7 | | and for the purpose of providing assistance to the State in | 8 | | post-conviction proceedings in capital cases under Article 122 | 9 | | of the Code of Criminal Procedure of 1963 and in relation to | 10 | | petitions filed under Section 2-1401 of the Code of Civil | 11 | | Procedure in relation to capital cases. The State's Attorney | 12 | | may appear before the
General Assembly at other times during | 13 | | the State's fiscal year to request
supplemental appropriations | 14 | | from the Trust Fund to the State Treasurer.
| 15 | | (e) The State's Attorney shall have the authority to enter | 16 | | into a written
agreement with the Department of Revenue for | 17 | | pursuit of civil
liability under subsection (E) of Section 17-1 | 18 | | of the Criminal Code of 2012 against persons who
have issued to | 19 | | the Department checks or other orders in violation of the
| 20 | | provisions of paragraph (1) of subsection (B) of Section 17-1 | 21 | | of the Criminal
Code of 2012, with the Department to retain the | 22 | | amount owing upon the
dishonored check or order along with the | 23 | | dishonored check fee imposed under the
Uniform Penalty and | 24 | | Interest Act, with the balance of damages, fees, and costs
| 25 | | collected under subsection (E) of Section 17-1 of the Criminal | 26 | | Code of 2012 or under Section 17-1a of that Code to be retained |
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| 1 | | by
the State's Attorney. The agreement shall not affect the | 2 | | allocation of fines
and costs imposed in any criminal | 3 | | prosecution.
| 4 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11; | 5 | | 97-607, eff. 8-26-11; 97-1150, eff. 1-25-13.)
| 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 | 17 | | private attorney under this subsection (a), the court shall | 18 | | contact public agencies, including but not limited to the | 19 | | Office of Attorney General, Office of the State's Attorneys | 20 | | Appellate Prosecutor, and local State's Attorney's Offices | 21 | | throughout the State, to determine a public prosecutor's | 22 | | availability to serve as a special prosecutor at no cost to the | 23 | | county. | 24 | | (a-5) In the case of an officer-involved death, the State's | 25 | | Attorney shall request the appointment of a special prosecutor. |
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| 1 | | For purposes of this subsection, "officer-involved death" | 2 | | means a death of an individual that results directly from an | 3 | | action or an omission of a law enforcement officer while the | 4 | | law enforcement officer is on duty or while the law enforcement | 5 | | officer is off duty but performing activities that are within | 6 | | the scope of his or her law enforcement duties. | 7 | | (b) In case of a vacancy of more than one year
occurring in | 8 | | any county in the office of State's attorney, by death,
| 9 | | resignation or otherwise, and it becomes necessary for the | 10 | | transaction
of the public business, that some competent | 11 | | attorney act as State's
attorney in and for such county during | 12 | | the period between the time of
the occurrence of such vacancy | 13 | | and the election and qualification of a
State's attorney, as | 14 | | provided by law, the vacancy shall be filled upon
the written | 15 | | request of a majority of the circuit judges of the circuit
in | 16 | | which is located the county where such vacancy exists, by | 17 | | appointment
as provided in The Election Code of some competent | 18 | | attorney to perform
and discharge all the duties of a State's | 19 | | attorney in the said county,
such appointment and all authority | 20 | | thereunder to cease upon the election
and qualification of a | 21 | | State's attorney, as provided by law. Any
attorney appointed | 22 | | for any reason under this Section shall
possess all the powers | 23 | | and discharge all the
duties of a regularly elected State's | 24 | | attorney under the laws of the
State to the extent necessary to | 25 | | fulfill the purpose of such
appointment, and shall be paid by | 26 | | the county he serves not to exceed in
any one period of 12 |
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| 1 | | months, for the reasonable amount of time actually
expended in | 2 | | carrying out the purpose of such appointment, the same | 3 | | compensation
as provided by law for the State's attorney of the | 4 | | county, apportioned,
in the case of lesser amounts of | 5 | | compensation,
as to the time of service reasonably and actually | 6 | | expended. The county shall participate in all agreements on the | 7 | | rate of compensation of a special prosecutor.
| 8 | | (c) An order granting authority to a special prosecutor | 9 | | must be construed strictly and narrowly by the court. The power | 10 | | and authority of a special prosecutor shall not be expanded | 11 | | without 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 | | (d) The Supreme Court may adopt such rules as it may deem | 21 | | necessary and expedient to guide or limit, or both, the court | 22 | | in appointing a special prosecutor under subsection (a-5) of | 23 | | this Section. | 24 | | (Source: P.A. 97-982, eff. 8-17-12.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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