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Public Act 102-0056


 

Public Act 0056 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0056
 
HB0282 EnrolledLRB102 09919 AWJ 15237 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing
Sections 3-9001, 3-9002, 3-9004, 3-9005, 3-9006, 3-9008,
3-9009, and 3-9012 as follows:
 
    (55 ILCS 5/3-9001)  (from Ch. 34, par. 3-9001)
    Sec. 3-9001. Oath; bond. Before entering upon the
respective duties of their office, the state's attorneys shall
each be commissioned by the governor, and shall take the
following oath or affirmation:
    I do solemnly swear (or affirm, as the case may be), that I
will support the constitution of the United States and the
constitution of the state of Illinois, and that I will
faithfully discharge the duties of the office of state's
attorney according to the best of my ability.
    Each State's attorney shall also execute a bond, to the
People of the State of Illinois, (or, if the county is
self-insured, the county through its self-insurance program
may provide bonding) with good and sufficient securities in
the penal sum of $5,000, to be approved by the circuit court
for the his respective county, which approval shall be
indorsed upon the bond. The bond, with the approval thereof
indorsed, shall be entered of record in the circuit court, and
then forwarded by the county clerk to the secretary of state,
to be filed in the Secretary of State's his office. Each of the
bonds shall be conditioned upon the faithful discharge of the
duties of the office, and the paying over all moneys as
provided by law, which bond shall run to and be for the benefit
of the state, county, corporation or person injured by a
breach of any of the conditions thereof.
(Source: P.A. 88-387.)
 
    (55 ILCS 5/3-9002)  (from Ch. 34, par. 3-9002)
    Sec. 3-9002. Commencement of duties. The State's attorney
shall enter upon the duties of the his office on the first day
in the month of December following the his election of the
State's Attorney on which the State's attorney's office is
required, by statute or by action of the county board, to be
open.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/3-9004)  (from Ch. 34, par. 3-9004)
    Sec. 3-9004. Failure to give bond or take oath. If any
person elected to the office of State's attorney shall fail to
give bond, or take the oath required of the State's Attorney
him, within twenty days after the person he is declared
elected, the office shall be deemed vacant, and if, being
required to give additional bond, as provided in Section
3-9003 hereof, the person he fails to do so within twenty days
after notice of such requirements, the State's Attorney his
office may, in the discretion of the governor, be declared
vacant and filled as provided by law.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
    Sec. 3-9005. Powers and duties of State's Attorney.
    (a) The duty of each State's Attorney shall be:
        (1) To commence and prosecute all actions, suits,
    indictments and prosecutions, civil and criminal, in the
    circuit court for the his county, in which the people of
    the State or county may be concerned.
        (2) To prosecute all forfeited bonds and
    recognizances, and all actions and proceedings for the
    recovery of debts, revenues, moneys, fines, penalties and
    forfeitures accruing to the State or the his county, or to
    any school district or road district in the his county;
    also, to prosecute all suits in the his county against
    railroad or transportation companies, which may be
    prosecuted in the name of the People of the State of
    Illinois.
        (3) To commence and prosecute all actions and
    proceedings brought by any county officer in the county
    officer's his official capacity.
        (4) To defend all actions and proceedings brought
    against the his county, or against any county or State
    officer, in the county or State officer's his official
    capacity, within the his county.
        (5) To attend the examination of all persons brought
    before any judge on habeas corpus, when the prosecution is
    in the his county.
        (6) To attend before judges and prosecute charges of
    felony or misdemeanor, for which the offender is required
    to be recognized to appear before the circuit court, when
    in the State's Attorney's his power so to do.
        (7) To give the State's Attorney's his opinion,
    without fee or reward, to any county officer in the his
    county, upon any question or law relating to any criminal
    or other matter, in which the people or the county may be
    concerned.
        (8) To assist the Attorney General whenever it may be
    necessary, and in cases of appeal from the his county to
    the Supreme Court, to which it is the duty of the Attorney
    General to attend, the State's Attorney he shall furnish
    the Attorney General at least 10 days before such is due to
    be filed, a manuscript of a proposed statement, brief and
    argument to be printed and filed on behalf of the people,
    prepared in accordance with the rules of the Supreme
    Court. However, if such brief, argument or other document
    is due to be filed by law or order of court within this
    10-day period, then the State's Attorney shall furnish
    such as soon as may be reasonable.
        (9) To pay all moneys received by the State's Attorney
    him in trust, without delay, to the officer who by law is
    entitled to the custody thereof.
        (10) To notify, by first class mail, complaining
    witnesses of the ultimate disposition of the cases arising
    from an indictment or an information.
        (11) To perform such other and further duties as may,
    from time to time, be enjoined on the State's Attorney him
    by law.
        (12) To appear in all proceedings by collectors of
    taxes against delinquent taxpayers for judgments to sell
    real estate, and see that all the necessary preliminary
    steps have been legally taken to make the judgment legal
    and binding.
        (13) To notify, by first-class mail, the State
    Superintendent of Education, the applicable regional
    superintendent of schools, and the superintendent of the
    employing school district or the chief school
    administrator of the employing nonpublic school, if any,
    upon the conviction of any individual known to possess a
    certificate or license issued pursuant to Article 21 or
    21B, respectively, of the School Code of any offense set
    forth in Section 21B-80 of the School Code or any other
    felony conviction, providing the name of the certificate
    holder, the fact of the conviction, and the name and
    location of the court where the conviction occurred. The
    certificate holder must also be contemporaneously sent a
    copy of the notice.
    (b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to
serve subpoenas and summonses, make return of process, and
conduct investigations which assist the State's Attorney in
the performance of the State's Attorney his duties. In
counties of the first and second class, the fees for service of
subpoenas and summonses are allowed by this Section and shall
be consistent with those set forth in Section 4-5001 of this
Act, except when increased by county ordinance as provided for
in Section 4-5001. In counties of the third class, the fees for
service of subpoenas and summonses are allowed by this Section
and shall be consistent with those set forth in Section
4-12001 of this Act. A special investigator shall not carry
firearms except with permission of the State's Attorney and
only while carrying appropriate identification indicating the
special investigator's his employment and in the performance
of the special investigator's his assigned duties.
    Subject to the qualifications set forth in this
subsection, special investigators shall be peace officers and
shall have all the powers possessed by investigators under the
State's Attorneys Appellate Prosecutor's Act.
    No special investigator employed by the State's Attorney
shall have peace officer status or exercise police powers
unless the special investigator he or she successfully
completes the basic police training course mandated and
approved by the Illinois Law Enforcement Training Standards
Board or such board waives the training requirement by reason
of the special investigator's prior law enforcement experience
or training or both. Any State's Attorney appointing a special
investigator shall consult with all affected local police
agencies, to the extent consistent with the public interest,
if the special investigator is assigned to areas within that
agency's jurisdiction.
    Before a person is appointed as a special investigator,
the person's his fingerprints shall be taken and transmitted
to the Department of State Police. The Department shall
examine its records and submit to the State's Attorney of the
county in which the investigator seeks appointment any
conviction information concerning the person on file with the
Department. No person shall be appointed as a special
investigator if the person he has been convicted of a felony or
other offense involving moral turpitude. A special
investigator shall be paid a salary and be reimbursed for
actual expenses incurred in performing the special
investigator's his assigned duties. The county board shall
approve the salary and actual expenses and appropriate the
salary and expenses in the manner prescribed by law or
ordinance.
    (c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative
father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial
parent by the employer of the putative father or noncustodial
parent or by a labor union of which the putative father or
noncustodial parent is a member.
    (d) (Blank).
    (e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section
17-1 of the Criminal Code of 2012 against persons who have
issued to the Department checks or other orders in violation
of the provisions of paragraph (1) of subsection (B) of
Section 17-1 of the Criminal Code of 2012, with the Department
to retain the amount owing upon the dishonored check or order
along with the dishonored check fee imposed under the Uniform
Penalty and Interest Act, with the balance of damages, fees,
and costs collected under subsection (E) of Section 17-1 of
the Criminal Code of 2012 or under Section 17-1a of that Code
to be retained by the State's Attorney. The agreement shall
not affect the allocation of fines and costs imposed in any
criminal prosecution.
    (f) In a county with less than 2,000,000 inhabitants, and
only upon receipt of a written request by the superintendent
of the county Veterans Assistance Commission for the county in
which the State's Attorney is located, the State's Attorney
shall have the discretionary authority to render an opinion,
without fee or reward, upon any question of law relating to a
matter in which the county Veterans Assistance Commission may
be concerned. The State's Attorney shall have the discretion
to grant or decline such a request.
(Source: P.A. 101-275, eff. 8-9-19.)
 
    (55 ILCS 5/3-9006)  (from Ch. 34, par. 3-9006)
    Sec. 3-9006. Internal operations of office; simultaneous
county board tenure.
    (a) Internal operations of the office. The State's
Attorney shall control the internal operations of the State's
Attorney's his or her office and procure the necessary
equipment, materials, and services to perform the duties of
that office.
    (b) Simultaneous county board tenure. A duly appointed
Assistant State's Attorney may serve as an Assistant State's
Attorney and, simultaneously, serve as a county board member
for a county located outside of the jurisdiction of the
State's Attorney Office that the Assistant State's Attorney he
or she serves. An Assistant State's Attorney serving as a
county board member is subject to any internal mechanisms
established by the State's Attorney to avoid conflicts of
interest in the performance of the individual's his or her
duties as an Assistant State's Attorney.
(Source: P.A. 95-1014, eff. 12-15-08.)
 
    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
    Sec. 3-9008. Appointment of attorney to perform duties.
    (a) (Blank).
    (a-5) The court on its own motion, or an interested person
in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney is sick, absent,
or unable to fulfill the State's Attorney's his or her duties.
The court shall consider the petition, any documents filed in
response, and if necessary, grant a hearing to determine
whether the State's Attorney is sick, absent, or otherwise
unable to fulfill the State's Attorney's his or her duties. If
the court finds that the State's Attorney is sick, absent, or
otherwise unable to fulfill the State's Attorney's his or her
duties, the court may appoint some competent attorney to
prosecute or defend the cause or proceeding.
    (a-10) The court on its own motion, or an interested
person in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney has an actual
conflict of interest in the cause or proceeding. The court
shall consider the petition, any documents filed in response,
and if necessary, grant a hearing to determine whether the
State's Attorney has an actual conflict of interest in the
cause or proceeding. If the court finds that the petitioner
has proven by sufficient facts and evidence that the State's
Attorney has an actual conflict of interest in a specific
case, the court may appoint some competent attorney to
prosecute or defend the cause or proceeding.
    (a-15) Notwithstanding subsections (a-5) and (a-10) of
this Section, the State's Attorney may file a petition to
recuse the State's Attorney himself or herself from a cause or
proceeding for any other reason the State's Attorney he or she
deems appropriate and the court shall appoint a special
prosecutor as provided in this Section.
    (a-20) Prior to appointing a private attorney under this
Section, the court shall contact public agencies, including,
but not limited to, the Office of Attorney General, Office of
the State's Attorneys Appellate Prosecutor, or local State's
Attorney's Offices throughout the State, to determine a public
prosecutor's availability to serve as a special prosecutor at
no cost to the county and shall appoint a public agency if they
are able and willing to accept the appointment. An attorney so
appointed shall have the same power and authority in relation
to the cause or proceeding as the State's Attorney would have
if present and attending to the cause or proceedings.
    (b) In case of a vacancy of more than one year occurring in
any county in the office of State's attorney, by death,
resignation or otherwise, and it becomes necessary for the
transaction of the public business, that some competent
attorney act as State's attorney in and for such county during
the period between the time of the occurrence of such vacancy
and the election and qualification of a State's attorney, as
provided by law, the vacancy shall be filled upon the written
request of a majority of the circuit judges of the circuit in
which is located the county where such vacancy exists, by
appointment as provided in The Election Code of some competent
attorney to perform and discharge all the duties of a State's
attorney in the said county, such appointment and all
authority thereunder to cease upon the election and
qualification of a State's attorney, as provided by law. Any
attorney appointed for any reason under this Section shall
possess all the powers and discharge all the duties of a
regularly elected State's attorney under the laws of the State
to the extent necessary to fulfill the purpose of such
appointment, and shall be paid by the county the State's
Attorney he serves not to exceed in any one period of 12
months, for the reasonable amount of time actually expended in
carrying out the purpose of such appointment, the same
compensation as provided by law for the State's attorney of
the county, apportioned, in the case of lesser amounts of
compensation, as to the time of service reasonably and
actually expended. The county shall participate in all
agreements on the rate of compensation of a special
prosecutor.
    (c) An order granting authority to a special prosecutor
must be construed strictly and narrowly by the court. The
power and authority of a special prosecutor shall not be
expanded without prior notice to the county. In the case of the
proposed expansion of a special prosecutor's power and
authority, a county may provide the court with information on
the financial impact of an expansion on the county. Prior to
the signing of an order requiring a county to pay for
attorney's fees or litigation expenses, the county shall be
provided with a detailed copy of the invoice describing the
fees, and the invoice shall include all activities performed
in relation to the case and the amount of time spent on each
activity.
(Source: P.A. 99-352, eff. 1-1-16.)
 
    (55 ILCS 5/3-9009)  (from Ch. 34, par. 3-9009)
    Sec. 3-9009. Private fee and employment prohibited. The
State's attorney shall not receive any fee or reward from or in
behalf of any private person for any services within the
State's Attorney's his official duties and shall not be
retained or employed, except for the public, in a civil case
depending upon the same state of facts on which a criminal
prosecution shall depend.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/3-9012)  (from Ch. 34, par. 3-9012)
    Sec. 3-9012. Compensation. A State's attorney who serves 2
or more counties shall receive such compensation from the
State Treasury as is provided by law for the State's attorney
of a single county. The State's Attorney He shall be paid by
the counties such compensation as may be agreed upon by the
county boards within the salary range prescribed by law
applicable to a single county with a population equal to the
combined population of the counties the State's Attorney he
serves. Unless the county boards agree upon a lesser amount,
the State's Attorney he shall be paid the highest permissible
salary within such range. The amount to be paid by the counties
shall be apportioned among them on the basis of their
population. Seventy-five percent (75%) of the amount provided
by law to be paid from the State treasury for the services of
the State's attorney in the case of a single county is payable
to each of the counties served by the same State's attorney,
except that the amounts paid to those counties under this
Section in any year may not exceed, in the aggregate, the
annual salary paid to that State's attorney from both county
and State funds, in which case reduction of the State's
contribution to each county shall be reduced proportionately
according to population of each participating county.
(Source: P.A. 86-962.)
 
    Section 10. The Military Veterans Assistance Act is
amended by changing Section 10 as follows:
 
    (330 ILCS 45/10)  (from Ch. 23, par. 3090)
    Sec. 10. The executive powers of the commission shall be
vested in a superintendent elected by the commission from
among those who served in the armed forces of the United
States. The superintendent, designated Superintendent of
Veterans Assistance of the county, shall, under the direction
of the commission, have charge of and maintain an office in the
county building or other central location, to be used solely
by the commission for carrying on its assistance work. The
county shall provide the office and furnish all necessary
supplies, including telephone, printing, stationery and
postage therefor.
    The county board shall, in any county where a Veterans
Assistance Commission is organized, in addition to sums
appropriated for assistance and emergency assistance purposes
under this Act, appropriate such additional sums, upon
recommendation of the Veterans Assistance Commission and as
approved by the county board, to properly compensate the
officers and employees required to administer such assistance.
Such county board approval shall be based upon recognized and
established salary guidelines developed by the county and used
by the county to compensate county employees. If the county
does not have established employee salary guidelines, the
county board shall provide funds to the commission to
compensate the superintendent and his employees in a just
manner. The county board shall also provide funds to the
commission to reimburse the superintendent, officers,
delegates and employees for certain expenses which are
approved by the commission. The superintendent and other
employees shall be employees of the Veterans Assistance
Commission, and no provision in this Section or elsewhere in
this Act shall be construed to mean that they are employees of
the county.
    Superintendents, subject to rules formulated by the
commission, shall select, as far as possible, secretaries and
other employees from among honorably discharged military
veterans as defined in Section 2, or their surviving spouses.
    In a county with less than 2,000,000 inhabitants, the
superintendent may, in conformance with subsection (f) of
Section 3-9005 of the Counties Code, request legal assistance
from the State's Attorney serving the county in which the
Veterans Assistance Commission is located.
    Superintendents of all counties subject to this Act, when
required by the commission, shall give bond in the sum of
$2,000 for the faithful performance of their duties.
    All persons elected or selected to fill positions provided
for in this Section shall be exempt from the operation and
provisions of any civil service act or laws of this State, and
the secretary of the commission shall be appointed by the
superintendent. However, if "The Illinois Public Aid Code", as
amended, becomes applicable in any county, the Department of
Human Services may exercise the powers therein designated in
relation to employees engaged in the administration of
assistance under this Act.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/9/2021