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Full Text of HB2558  97th General Assembly

HB2558eng 97TH GENERAL ASSEMBLY



 


 
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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.
8Whenever the State's attorney is sick or absent, or unable to
9attend, or is interested in any cause or proceeding, civil or
10criminal, which it is or may be his duty to prosecute or
11defend, the court in which said cause or proceeding is pending
12may appoint some competent attorney to prosecute or defend such
13cause or proceeding, and the attorney so appointed shall have
14the same power and authority in relation to such cause or
15proceeding as the State's attorney would have had if present
16and attending to the same, and in case of a vacancy of more
17than one year occurring in any county in the office of State's
18attorney, by death, resignation or otherwise, and it becomes
19necessary for the transaction of the public business, that some
20competent attorney act as State's attorney in and for such
21county during the period between the time of the occurrence of
22such vacancy and the election and qualification of a State's
23attorney, as provided by law, the vacancy shall be filled upon

 

 

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1the written request of a majority of the circuit judges of the
2circuit in which is located the county where such vacancy
3exists, by appointment as provided in The Election Code of some
4competent attorney to perform and discharge all the duties of a
5State's attorney in the said county, such appointment and all
6authority thereunder to cease upon the election and
7qualification of a State's attorney, as provided by law. Prior
8to appointing a private attorney, the court shall contact
9public agencies, including but not limited to the Office of
10Attorney General, Office of the State's Attorneys Appellate
11Prosecutor, and local State's Attorney's Offices throughout
12the State, to determine a public prosecutor's availability to
13serve as a special prosecutor at no cost to the county. Any
14attorney appointed for any reason under this Section shall
15possess all the powers and discharge all the duties of a
16regularly elected State's attorney under the laws of the State
17to the extent necessary to fulfill the purpose of such
18appointment, and shall be paid by the county he serves not to
19exceed in any one period of 12 months, for the reasonable
20amount of time actually expended in carrying out the purpose of
21such appointment, the same compensation as provided by law for
22the State's attorney of the county, apportioned, in the case of
23lesser amounts of compensation, as to the time of service
24reasonably and actually expended. The county shall participate
25in all agreements on the rate of compensation of a special
26prosecutor.

 

 

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