HB4749 EngrossedLRB097 17963 KMW 63186 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
53-9008 as follows:
 
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
9unable to attend, or is interested in any cause or proceeding,
10civil or criminal, which it is or may be his duty to prosecute
11or defend, the court in which said cause or proceeding is
12pending may appoint some competent attorney to prosecute or
13defend such cause or proceeding, and the attorney so appointed
14shall have the same power and authority in relation to such
15cause or proceeding as the State's attorney would have had if
16present and attending to the same. Prior to appointing a
17private attorney under this subsection (a), the court shall
18contact public agencies, including but not limited to the
19Office of Attorney General, Office of the State's Attorneys
20Appellate Prosecutor, and local State's Attorney's Offices
21throughout the State, to determine a public prosecutor's
22availability to serve as a special prosecutor at no cost to the
23county. , and

 

 

HB4749 Engrossed- 2 -LRB097 17963 KMW 63186 b

1    (b) In in case of a vacancy of more than one year occurring
2in any county in the office of State's attorney, by death,
3resignation or otherwise, and it becomes necessary for the
4transaction of the public business, that some competent
5attorney act as State's attorney in and for such county during
6the period between the time of the occurrence of such vacancy
7and the election and qualification of a State's attorney, as
8provided by law, the vacancy shall be filled upon the written
9request of a majority of the circuit judges of the circuit in
10which is located the county where such vacancy exists, by
11appointment as provided in The Election Code of some competent
12attorney to perform and discharge all the duties of a State's
13attorney in the said county, such appointment and all authority
14thereunder to cease upon the election and qualification of a
15State's attorney, as provided by law. Any attorney appointed
16for any reason under this Section shall possess all the powers
17and discharge all the duties of a regularly elected State's
18attorney under the laws of the State to the extent necessary to
19fulfill the purpose of such appointment, and shall be paid by
20the county he serves not to exceed in any one period of 12
21months, for the reasonable amount of time actually expended in
22carrying out the purpose of such appointment, the same
23compensation as provided by law for the State's attorney of the
24county, apportioned, in the case of lesser amounts of
25compensation, as to the time of service reasonably and actually
26expended. The county shall participate in all agreements on the

 

 

HB4749 Engrossed- 3 -LRB097 17963 KMW 63186 b

1rate of compensation of a special prosecutor.
2    (c) An order granting authority to a special prosecutor
3must be construed strictly and narrowly by the court. The power
4and authority of a special prosecutor shall not be expanded
5without prior notice to the county. In the case of the proposed
6expansion of a special prosecutor's power and authority, a
7county may provide the court with information on the financial
8impact of an expansion on the county. Prior to the signing of
9an order requiring a county to pay for attorney's fees or
10litigation expenses, the county shall be provided with a
11detailed copy of the invoice describing the fees, and the
12invoice shall include all activities performed in relation to
13the case and the amount of time spent on each activity.
14(Source: P.A. 86-962.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.