Full Text of HB3355 100th General Assembly
HB3355ham002 100TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 4/27/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3355
| 2 | | AMENDMENT NO. ______. Amend House Bill 3355, AS AMENDED, by | 3 | | inserting immediately below the enacting clause the following:
| 4 | | "Section 3. The Counties Code is amended by changing | 5 | | Section 3-9008 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) (Blank). | 9 | | (a-5) The court on its own motion, or an interested person | 10 | | in a cause or proceeding, civil or criminal, may file a | 11 | | petition alleging that the State's Attorney is sick, absent, or | 12 | | unable to fulfill his or her duties. The court shall consider | 13 | | the petition, any documents filed in response, and if | 14 | | necessary, grant a hearing to determine whether the State's | 15 | | Attorney is sick, absent, or otherwise unable to fulfill his or | 16 | | her duties. If the court finds that the State's Attorney is |
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| 1 | | sick, absent, or otherwise unable to fulfill his or her duties, | 2 | | the court may appoint some competent attorney to prosecute or | 3 | | defend the cause or proceeding. | 4 | | (a-10) The court on its own motion, or an interested person | 5 | | in a cause or proceeding, civil or criminal, may file a | 6 | | petition alleging that the State's Attorney has an actual | 7 | | conflict of interest in the cause or proceeding. The court | 8 | | shall consider the petition, any documents filed in response, | 9 | | and if necessary, grant a hearing to determine whether the | 10 | | State's Attorney has an actual conflict of interest in the | 11 | | cause or proceeding. If the court finds that the petitioner has | 12 | | proven by sufficient facts and evidence that the State's | 13 | | Attorney has an actual conflict of interest in a specific case, | 14 | | the court may appoint some competent attorney to prosecute or | 15 | | defend the cause or proceeding. | 16 | | (a-15) Notwithstanding subsections (a-5) and (a-10) of | 17 | | this Section, the State's Attorney may file a petition to | 18 | | recuse himself or herself from a cause or proceeding for any | 19 | | other reason he or she deems appropriate and the court shall | 20 | | appoint a special prosecutor as provided in this Section. | 21 | | (a-17) In a county exceeding a population of 3,000,000, if | 22 | | the court determines that the appointment of a special | 23 | | prosecutor is required under subsection (a-10) or (a-15), the | 24 | | court shall request the Office of the State's Attorneys | 25 | | Appellate Prosecutor to serve as the special prosecutor where | 26 | | the cause or proceeding is an officer-involved death, as that |
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| 1 | | term is defined in Section 1-5 of the Police and Community | 2 | | Relations Improvement Act. If the Office of the State's | 3 | | Attorneys Appellate Prosecutor accepts the request, the | 4 | | State's Attorneys Appellate Prosecutor shall be appointed by | 5 | | the court and shall have the same power and authority in | 6 | | relation to the cause or proceeding as the State's Attorney | 7 | | would have had if present and attending to the cause or | 8 | | proceedings. | 9 | | (a-20) Except as provided in subsection (a-17), prior Prior | 10 | | to appointing a private attorney under this Section, the court | 11 | | shall contact public agencies, including, but not limited to, | 12 | | the Office of Attorney General, Office of the State's Attorneys | 13 | | Appellate Prosecutor, or local State's Attorney's Offices | 14 | | throughout the State, to determine a public prosecutor's | 15 | | availability to serve as a special prosecutor at no cost to the | 16 | | county and shall appoint a public agency if they are able and | 17 | | willing to accept the appointment. An attorney so appointed | 18 | | shall have the same power and authority in relation to the | 19 | | cause or proceeding as the State's Attorney would have if | 20 | | present and attending to the cause or proceedings. | 21 | | (b) In case of a vacancy of more than one year
occurring in | 22 | | any county in the office of State's attorney, by death,
| 23 | | resignation or otherwise, and it becomes necessary for the | 24 | | transaction
of the public business, that some competent | 25 | | attorney act as State's
attorney in and for such county during | 26 | | the period between the time of
the occurrence of such vacancy |
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| 1 | | and the election and qualification of a
State's attorney, as | 2 | | provided by law, the vacancy shall be filled upon
the written | 3 | | request of a majority of the circuit judges of the circuit
in | 4 | | which is located the county where such vacancy exists, by | 5 | | appointment
as provided in The Election Code of some competent | 6 | | attorney to perform
and discharge all the duties of a State's | 7 | | attorney in the said county,
such appointment and all authority | 8 | | thereunder to cease upon the election
and qualification of a | 9 | | State's attorney, as provided by law. Any
attorney appointed | 10 | | for any reason under this Section shall
possess all the powers | 11 | | and discharge all the
duties of a regularly elected State's | 12 | | attorney under the laws of the
State to the extent necessary to | 13 | | fulfill the purpose of such
appointment, and shall be paid by | 14 | | the county he serves not to exceed in
any one period of 12 | 15 | | months, for the reasonable amount of time actually
expended in | 16 | | carrying out the purpose of such appointment, the same | 17 | | compensation
as provided by law for the State's attorney of the | 18 | | county, apportioned,
in the case of lesser amounts of | 19 | | compensation,
as to the time of service reasonably and actually | 20 | | expended. The county shall participate in all agreements on the | 21 | | rate of compensation of a special prosecutor.
| 22 | | (c) An order granting authority to a special prosecutor | 23 | | must be construed strictly and narrowly by the court. The power | 24 | | and authority of a special prosecutor shall not be expanded | 25 | | without prior notice to the county. In the case of the proposed | 26 | | expansion of a special prosecutor's power and authority, a |
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| 1 | | county may provide the court with information on the financial | 2 | | impact of an expansion on the county. Prior to the signing of | 3 | | an order requiring a county to pay for attorney's fees or | 4 | | litigation expenses, the county shall be provided with a | 5 | | detailed copy of the invoice describing the fees, and the | 6 | | invoice shall include all activities performed in relation to | 7 | | the case and the amount of time spent on each activity. | 8 | | (Source: P.A. 99-352, eff. 1-1-16 .)"; and
| 9 | | by inserting immediately below Section 40 the following: | 10 | | "Section 43. The State's Attorneys Appellate Prosecutor's | 11 | | Act is amended by changing Section 4.01 as follows:
| 12 | | (725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
| 13 | | Sec. 4.01. (a) The Office and all attorneys employed | 14 | | thereby may
represent the People of the State of Illinois on | 15 | | appeal in all cases
which emanate from
a county containing less | 16 | | than
3,000,000 inhabitants, when requested to do so and at the | 17 | | direction of
the State's Attorney, otherwise responsible for | 18 | | prosecuting the appeal,
and may, with the advice and consent of | 19 | | the State's Attorney prepare,
file and argue such appellate | 20 | | briefs in the Illinois Appellate
Court
and, when requested and | 21 | | authorized to do so by the Attorney General, in the
Illinois | 22 | | Supreme Court. | 23 | | (b) Notwithstanding the population restriction contained |
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| 1 | | in subsection (a), the
The Office may also assist County | 2 | | State's Attorneys in the
discharge of their duties under the | 3 | | Illinois Controlled Substances Act,
the Cannabis Control Act, | 4 | | the Methamphetamine Control and Community Protection Act, the | 5 | | Drug Asset Forfeiture Procedure Act,
the Narcotics Profit | 6 | | Forfeiture Act, and the Illinois Public Labor Relations
Act,
| 7 | | including negotiations conducted on behalf of a county or | 8 | | pursuant to an
intergovernmental agreement as well as in the | 9 | | trial
and appeal of said cases and of tax objections, and the | 10 | | counties which
use services relating to labor relations
shall | 11 | | reimburse the Office on pro-rated shares as determined by the
| 12 | | board based upon the population and number of labor relations | 13 | | cases of the
participating counties.
In addition, the Office | 14 | | and all attorneys employed by the Office may also
assist | 15 | | State's Attorneys in the discharge of their duties in the | 16 | | prosecution,
trial, or hearing on post-conviction of other | 17 | | cases when requested to do so by, and at the direction of,
the | 18 | | State's Attorney otherwise responsible for the case. In | 19 | | addition, the
Office and all attorneys employed by the Office | 20 | | may act as Special Prosecutor
if duly appointed to do so by a | 21 | | court having jurisdiction. Except when the appointment of a | 22 | | Special Prosecutor is made pursuant to subsection (a-17) of | 23 | | Section 3-9008 of the Counties Code, to
To be effective, the | 24 | | order appointing the Office or
its attorneys as Special | 25 | | Prosecutor must (i) identify the case and its
subject matter | 26 | | and (ii) state that the Special Prosecutor serves at the
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| 1 | | pleasure of the Attorney General, who may substitute himself or | 2 | | herself as the
Special Prosecutor when, in his or her judgment, | 3 | | the interest of the people of
the State so requires. Within 5 | 4 | | days after receiving a copy of an order from
the
court | 5 | | appointing the Office or any of its attorneys as a Special | 6 | | Prosecutor,
the Office must forward a copy of the order to the | 7 | | Springfield office of the
Attorney General.
| 8 | | (Source: P.A. 97-1012, eff. 8-17-12.)".
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