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 Bill Status of SB1843  100th General Assembly


Short Description:  PETITION-SPECIAL PROSECUTOR

Senate Sponsors
Sen. Kwame Raoul - Jacqueline Y. Collins, Omar Aquino and Kimberly A. Lightford

House Sponsors
(Rep. Christian L. Mitchell  and Elgie R. Sims, Jr.)

Last Action
DateChamber Action
  8/24/2017SenatePublic Act . . . . . . . . . 100-0319

Statutes Amended In Order of Appearance
55 ILCS 5/3-9008from Ch. 34, par. 3-9008


Synopsis As Introduced
Amends the Counties Code. Provides that a court considering the petition of an interested person to appoint a special prosecutor shall presume, without demonstration from the petitioner, a conflict of interest on behalf of any State's Attorney not exclusively assigned to cases in which the defendant or defendants are members of any law enforcement agency, when the underlying charges concern misconduct allegedly committed by the officer during the performance of official duties, while in uniform, while on duty, or after announcing his or her status as a law enforcement officer. Effective immediately.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill making the following changes: Provides that on the court's own motion or an interested person's petition alleging that the State's Attorney has an actual conflict of interest in the cause or proceeding, the court shall grant a hearing (currently, may grant a hearing if necessary) to determine whether the State's Attorney has an actual conflict. Provides that a court considering the petition of an interested person to appoint a special prosecutor shall presume, without demonstration from the petitioner, a rebuttable prosecutorial conflict of interest for cases in which the defendant or defendants are members of a law enforcement agency, unless the prosecutor is either (i) exclusively assigned to cases of public or official misconduct, or (ii) a prosecutor whose assignments do not regularly involve communication, cooperation, consultation, or collaboration with the law enforcement agency or department of which that defendant is a member. Effective January 1, 2018.

Senate Floor Amendment No. 2
Adds reference to:
725 ILCS 210/4.01from Ch. 14, par. 204.01

Replaces everything after the enacting clause. Amends the Counties Code. Provides that in a county exceeding a population of 3,000,000, if the court determines that the appointment of a special prosecutor is required because the State's Attorney is sick, absent, or unable to fulfill his or her duties or has a conflict of interest, the court shall request the Office of the State's Attorneys Appellate Prosecutor to serve as the special prosecutor where the cause or proceeding is an officer-involved death. Provides that, if the Office of the State's Attorneys Appellate Prosecutor accepts the request, the State's Attorneys Appellate Prosecutor shall be appointed by the court and shall have the same power and authority in relation to the cause or proceeding as the State's Attorney would have had if present and attending to the cause or proceedings. Amends the State's Attorneys Appellate Prosecutor's Act. Provides that the authority of the Office of the State's Attorneys Appellate Prosecutor to assist State's Attorneys in the discharge of the State Attorney's duties under specified Acts concerning controlled substances, drug forfeiture, and public labor is not limited to counties containing less than 3,000,000 inhabitants. Excludes specified findings of a judge to appoint the Office of the State's Attorneys Appellate Prosecutor or its attorneys as special prosecutor if the appointment is being made in counties exceeding a population of 3,000,000 when the State's Attorney is sick, absent, unable to fulfill his or her duties, or has a conflict of interest.

House Floor Amendment No. 2
Deletes reference to:
55 ILCS 5/3-9008
Adds reference to:
50 ILCS 725/7.5 new

Replaces everything after the enacting clause. Deletes language providing that a court considering the petition of an interested person to appoint a special prosecutor shall presume, without demonstration from the petitioner, a conflict of interest on behalf of any State's Attorney not exclusively assigned to cases in which the defendant or defendants are members of any law enforcement agency, when the underlying charges concern misconduct allegedly committed by the officer during the performance of official duties, while in uniform, while on duty, or after announcing his or her status as a law enforcement officer. Amends the Uniform Peace Officers' Disciplinary Act. Creates the Commission on Police Professionalism. Provides that the Commission shall meet regularly to review the current training and certification process for law enforcement officers, review the duties of the various types of law enforcement officers, including auxiliary officers, review the standards for the issuance of badges, shields, and other police and agency identification, review officer-involved shooting investigation policies, review policies and practices concerning the use of force and misconduct by law enforcement officers, and examine whether law enforcement officers should be licensed. Provides that the Commission shall submit a report of its findings and legislative recommendations to the General Assembly and Governor on or before September 30, 2018. Provides for the repeal of the Section on December 31, 2018. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  2/9/2017SenateFiled with Secretary by Sen. Kwame Raoul
  2/9/2017SenateFirst Reading
  2/9/2017SenateReferred to Assignments
  2/28/2017SenateAssigned to Criminal Law
  3/8/2017SenatePostponed - Criminal Law
  3/15/2017SenatePostponed - Criminal Law
  3/17/2017SenateRule 2-10 Committee Deadline Established As April 7, 2017
  3/17/2017SenateAdded as Co-Sponsor Sen. Omar Aquino
  3/22/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  3/22/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/28/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/28/2017SenateSenate Committee Amendment No. 1 Adopted
  3/29/2017SenateDo Pass as Amended Criminal Law; 007-003-000
  3/29/2017SenatePlaced on Calendar Order of 2nd Reading March 30, 2017
  4/6/2017SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  4/26/2017SenateSecond Reading
  4/26/2017SenatePlaced on Calendar Order of 3rd Reading April 27, 2017
  4/28/2017SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  4/28/2017SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/28/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/2/2017SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  5/3/2017SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 010-000-000
  5/5/2017SenateRecalled to Second Reading
  5/5/2017SenateSenate Floor Amendment No. 2 Adopted; Raoul
  5/5/2017SenatePlaced on Calendar Order of 3rd Reading
  5/5/2017SenateThird Reading - Passed; 046-000-000
  5/8/2017HouseArrived in House
  5/8/2017HouseChief House Sponsor Rep. Christian L. Mitchell
  5/9/2017HouseFirst Reading
  5/9/2017HouseReferred to Rules Committee
  5/15/2017HouseAssigned to Judiciary - Criminal Committee
  5/19/2017HouseCommittee Deadline Extended-Rule 9(b) May 26, 2017
  5/25/2017HouseDo Pass / Short Debate Judiciary - Criminal Committee; 013-000-000
  5/25/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/25/2017HouseSecond Reading - Short Debate
  5/25/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  5/26/2017HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Christian L. Mitchell
  5/26/2017HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017
  5/28/2017HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
  5/29/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Christian L. Mitchell
  5/29/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/30/2017HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  5/31/2017HouseHouse Floor Amendment No. 1 Withdrawn by Rep. Christian L. Mitchell
  5/31/2017HouseHouse Floor Amendment No. 2 Adopted
  5/31/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2017HouseAdded Alternate Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/31/2017HouseThird Reading - Short Debate - Passed 107-000-000
  5/31/2017SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/31/2017SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 31, 2017
  5/31/2017SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/31/2017SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/31/2017SenateHouse Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments
  5/31/2017SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/31/2017SenateHouse Floor Amendment No. 2 Senate Concurs 053-000-000
  5/31/2017SenateSenate Concurs
  5/31/2017SenatePassed Both Houses
  6/29/2017SenateSent to the Governor
  8/24/2017SenateGovernor Approved
  8/24/2017SenateEffective Date August 24, 2017
  8/24/2017SenatePublic Act . . . . . . . . . 100-0319

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