Public Act 102-0657
 
SB2520 EnrolledLRB102 16523 AWJ 21917 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 
Section 3-9008 as follows:
 


    (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 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 his 
or her duties.  If the court finds that the State's Attorney is 
sick, absent, or otherwise unable to fulfill 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, or other matter arising 
under the State's Attorney's duties, civil or criminal, may 
file a petition alleging that the State's Attorney has an 
actual conflict of interest in the cause, or proceeding, or 
other matter.  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, or other 
matter.  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, or other matter.
    (a-15) Notwithstanding subsections (a-5) and (a-10) of 
this Section, the State's Attorney may file a petition to 
recuse himself or herself from a cause or proceeding for any 
other reason 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 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.)



Effective Date:  1/1/2022