Illinois Compiled Statutes
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COUNTIES55 ILCS 5/3-8014
(55 ILCS 5/) Counties Code.
(55 ILCS 5/3-8014)
(from Ch. 34, par. 3-8014)
Removal, demotion or suspension.
Except as is otherwise
provided in this Division, no certified person shall be removed, demoted or
suspended except for cause, upon written charges filed with the Merit
Commission by the sheriff. Upon the filing of such a petition, the sheriff
may suspend the certified person pending the decision of the Commission on
the charges. After the charges have been heard, the Commission may direct
that the person receive his pay for any part or all of this suspension
period, if any.
The charges shall be heard by the Commission upon not less
than 14 days' certified notice. At such hearing, the accused certified
person shall be afforded full opportunity to be represented by
counsel, to be heard in his own defense and to produce proof
in his defense. Both the Commission and the sheriff may be
represented by counsel. The State's Attorney of the applicable
county may advise either the Commission or the sheriff. The
other party may engage private counsel to advise it.
The Commission shall have the power to secure by
its subpoena both the attendance and testimony of witnesses
and the production of books and papers in support of the charges
and for the defense. Each member of the Commission shall have
the power to administer oaths.
If the charges against an accused person are established
by the preponderance of evidence, the Commission shall
make a finding of guilty and order either removal, demotion, loss
of seniority, suspension for a period of not more than 180 days,
or such other disciplinary punishment as may be prescribed by the
rules and regulations of the Commission which, in the opinion
of the members thereof, the offense justifies. If the charges against
an accused person are not established by the preponderance of
evidence, the Commission shall make a finding of not guilty and
shall order that the person be reinstated and be paid his
compensation for the suspension period, if any, while awaiting
the hearing. The sheriff shall take such action as may be ordered
by the Commission. However, on and after June 1, 2007, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process and any of the procedures laid out in this Section.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of any order of the
Commission rendered pursuant to this Section. The plaintiff shall pay the
reasonable cost of preparing and certifying the record for judicial review.
However, if the plaintiff prevails in the judicial review proceeding, the
court shall award to the plaintiff a sum equal to the costs paid by the
plaintiff to have the record for judicial review prepared and certified.
(Source: P.A. 95-136, eff. 1-1-08.)
55 ILCS 5/3-8015
(55 ILCS 5/3-8015)
(from Ch. 34, par. 3-8015)
Subpoenas; witnesses' fees; perjury.
who shall be served with a subpoena to appear and testify, or to
produce books and papers, issued by the Merit Commission, or
by any member thereof, and who shall refuse or neglect to
appear, or to testify, or to produce books and papers
relevant to such investigation, as commanded in the
subpoena, shall be guilty of a Class B misdemeanor.
The fees of witnesses for attendance and travel shall
be the same as the fees of witnesses before the circuit court
of this State.
Any circuit court of this State, or any judge thereon,
upon application of any member of the Commission, or any person
acting under the orders of the Commission, may, in his discretion,
compel the attendance of witnesses, the production of books and
papers, and giving of testimony before the Commission by an
Attachment for Contempt or otherwise in the same manner as
production of evidence may be compelled before the court. Every
person who, having taken oath or made affirmation before a member of the
Commission, shall willfully swear or affirm falsehoods, shall be
guilty of perjury and upon conviction shall be punished accordingly.
(Source: P.A. 86-962.)
55 ILCS 5/3-8016
(55 ILCS 5/3-8016)
(from Ch. 34, par. 3-8016)
Reports to Merit Commission.
The sheriff shall promptly
notify the Merit Commission of all appointments, permanent or temporary,
all promotions, suspensions, resignations or vacancies from any cause, and
a record of the same shall be kept by the Commission. The sheriff shall
prepare and furnish to the Commission annual efficiency reports for each
person covered by merit system. The sheriff shall also furnish the
Commission copies of all letters of commendation, academic achievements
and reprimand and such other reports as the Commission may reasonably
(Source: P.A. 86-962.)
55 ILCS 5/3-8017
(55 ILCS 5/3-8017)
(from Ch. 34, par. 3-8017)
Enforcement of orders.
If any provision of this
Division or any order of the Merit Commission is violated by any person,
regardless of whether that person's employment is under the jurisdiction of
the Division, the Commission may apply to the circuit court for relief by
injunction, mandamus or any other proper relief. The State's Attorney of
the county where the violation occurred shall prosecute such action.
Whenever the State's Attorney for the county where a violation is alleged
to have occurred refuses to prosecute the action, or fails to begin to
prosecute such action within 30 days after the date the Commission brings
the matter to his attention, the Commission may retain special counsel of
its own choice to prosecute such action.
(Source: P.A. 86-962.)
55 ILCS 5/3-8018
(55 ILCS 5/3-8018)
(from Ch. 34, par. 3-8018)
boards of 2 or more counties may, by enactment of uniform reciprocal
ordinances consistent with this Division create a multi-county
Merit Commission which shall be subject to this Division.
(Source: P.A. 86-962.)
55 ILCS 5/Div. 3-9
(55 ILCS 5/Div. 3-9 heading)
55 ILCS 5/3-9001
(55 ILCS 5/3-9001)
(from Ch. 34, par. 3-9001)
Before entering upon the respective
duties of their office, the state's attorneys shall each be commissioned by
the governor, and shall take the following oath or affirmation:
I do solemnly swear (or affirm, as the case may be), that I will support
the constitution of the United States and the constitution of the state of
Illinois, and that I will faithfully discharge the duties of the office
of state's attorney according to the best of my ability.
Each State's attorney shall also execute a bond, to the People of the
State of Illinois, (or, if the county is self-insured, the county through its
self-insurance program may provide bonding) with good and sufficient
securities in the penal sum of $5,000, to be approved by the circuit court for
his respective county, which approval shall be indorsed upon the bond. The
bond, with the approval thereof indorsed, shall be entered of record in the
circuit court, and then forwarded by the county clerk to the secretary of
state, to be filed in his office. Each of the bonds shall be conditioned upon
the faithful discharge of the duties of the office, and the paying over all
moneys as provided by law, which bond shall run to and be for the benefit of
the state, county, corporation or person injured by a breach of any of the
(Source: P.A. 88-387.)
55 ILCS 5/3-9002
(55 ILCS 5/3-9002)
(from Ch. 34, par. 3-9002)
Commencement of duties.
The State's attorney shall
enter upon the duties of his office on the first day in the month of
December following his election on which the State's attorney's office is
required, by statute or by action of the county board, to be open.
(Source: P.A. 86-962.)
55 ILCS 5/3-9003
(55 ILCS 5/3-9003)
(from Ch. 34, par. 3-9003)
Whenever the circuit court shall deem
the bond filed by any State's attorney insufficient, the circuit court may
require additional bond, in any penalty not exceeding that specified in
(Source: P.A. 86-962.)
55 ILCS 5/3-9004
(55 ILCS 5/3-9004)
(from Ch. 34, par. 3-9004)
Failure to give bond or take oath.
If any person
elected to the office of State's attorney shall fail to give bond, or take
the oath required of him, within twenty days after he is declared elected,
the office shall be deemed vacant, and if, being required to give
additional bond, as provided in Section 3-9003 hereof, he fails to do so
within twenty days after notice of such requirements, his office may, in the
discretion of the governor, be declared vacant and filled as provided by law.
(Source: P.A. 86-962.)
55 ILCS 5/3-9005
(55 ILCS 5/3-9005)
(from Ch. 34, par. 3-9005)
Powers and duties of State's attorney.
(a) The duty of each State's attorney shall be:
(1) To commence and prosecute all actions, suits,
indictments and prosecutions, civil and criminal, in the circuit court for his county, in which the people of the State or county may be concerned.
(2) To prosecute all forfeited bonds and
recognizances, and all actions and proceedings for the recovery of debts, revenues, moneys, fines, penalties and forfeitures accruing to the State or his county, or to any school district or road district in his county; also, to prosecute all suits in his county against railroad or transportation companies, which may be prosecuted in the name of the People of the State of Illinois.
(3) To commence and prosecute all actions and
proceedings brought by any county officer in his official capacity.
(4) To defend all actions and proceedings brought
against his county, or against any county or State officer, in his official capacity, within his county.
(5) To attend the examination of all persons brought
before any judge on habeas corpus, when the prosecution is in his county.
(6) To attend before judges and prosecute charges of
felony or misdemeanor, for which the offender is required to be recognized to appear before the circuit court, when in his power so to do.
(7) To give his opinion, without fee or reward, to
any county officer in his county, upon any question or law relating to any criminal or other matter, in which the people or the county may be concerned.
(8) To assist the attorney general whenever it may be
necessary, and in cases of appeal from his county to the Supreme Court, to which it is the duty of the attorney general to attend, he shall furnish the attorney general at least 10 days before such is due to be filed, a manuscript of a proposed statement, brief and argument to be printed and filed on behalf of the people, prepared in accordance with the rules of the Supreme Court. However, if such brief, argument or other document is due to be filed by law or order of court within this 10-day period, then the State's attorney shall furnish such as soon as may be reasonable.
(9) To pay all moneys received by him in trust,
without delay, to the officer who by law is entitled to the custody thereof.
(10) To notify, by first class mail, complaining
witnesses of the ultimate disposition of the cases arising from an indictment or an information.
(11) To perform such other and further duties as may,
from time to time, be enjoined on him by law.
(12) To appear in all proceedings by collectors of
taxes against delinquent taxpayers for judgments to sell real estate, and see that all the necessary preliminary steps have been legally taken to make the judgment legal and binding.
(13) To notify, by first-class mail, the State
Superintendent of Education, the applicable regional superintendent of schools, and the superintendent of the employing school district or the chief school administrator of the employing nonpublic school, if any, upon the conviction of any individual known to possess a certificate or license issued pursuant to Article 21 or 21B, respectively, of the School Code of any offense set forth in Section 21B-80 of the School Code or any other felony conviction, providing the name of the certificate holder, the fact of the conviction, and the name and location of the court where the conviction occurred. The certificate holder must also be contemporaneously sent a copy of the notice.
(b) The State's Attorney of each county shall have authority to
appoint one or more special investigators to serve subpoenas and summonses, make return
of process, and conduct investigations which assist the State's Attorney in
the performance of his duties. In counties of the first and second class, the fees for service of subpoenas and summonses are allowed by this Section and shall be consistent with those set forth in Section 4-5001 of this Act, except when increased by county ordinance as provided for in Section 4-5001. In counties of the third class, the fees for service of subpoenas and summonses are allowed by this Section and shall be consistent with those set forth in Section 4-12001 of this Act. A special investigator shall not carry
firearms except with permission of the State's Attorney and only while
carrying appropriate identification indicating his employment and in the
performance of his assigned duties.
Subject to the qualifications set forth in this subsection, special
investigators shall be peace officers and shall have all the powers possessed
by investigators under the State's Attorneys Appellate Prosecutor's Act.
No special investigator employed by the State's Attorney shall have peace
officer status or exercise police powers unless he or she successfully
completes the basic police training course mandated and approved by the
Illinois Law Enforcement Training Standards Board or such
board waives the training requirement by reason of the special
investigator's prior law enforcement experience or training or both. Any
State's Attorney appointing a special investigator shall consult with all
affected local police agencies, to the extent consistent with the public
interest, if the special investigator is assigned to areas within that
Before a person is appointed as a special investigator, his
fingerprints shall be taken and transmitted to the Department of State
Police. The Department shall examine its records and submit to the State's
Attorney of the county in which the investigator seeks appointment any
conviction information concerning the person on file with the Department.
No person shall be appointed as a special investigator if he has been
convicted of a felony or other offense involving moral turpitude. A
special investigator shall be paid a salary and be reimbursed for actual
expenses incurred in performing his assigned duties. The county board
shall approve the salary and actual expenses and appropriate the salary
and expenses in the manner prescribed by law or ordinance.
(c) The State's
Attorney may request and receive from employers, labor unions, telephone
companies, and utility companies
location information concerning putative fathers and noncustodial parents for
the purpose of establishing a child's paternity or establishing, enforcing, or
modifying a child support obligation. In this subsection, "location
means information about (i) the physical whereabouts of a putative father or
noncustodial parent, (ii) the putative father or noncustodial parent's
(iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative father or
or by a labor union of which the putative father or noncustodial parent is a
(d) For each State fiscal year, the
State's Attorney of Cook County shall appear before the General Assembly and
request appropriations to be made from the Capital Litigation Trust Fund to the
State Treasurer for the purpose of providing assistance in the prosecution of
capital cases in Cook County and for the purpose of providing assistance to the State in post-conviction proceedings in capital cases under Article 122 of the Code of Criminal Procedure of 1963 and in relation to petitions filed under Section 2-1401 of the Code of Civil Procedure in relation to capital cases. The State's Attorney may appear before the
General Assembly at other times during the State's fiscal year to request
supplemental appropriations from the Trust Fund to the State Treasurer.
(e) The State's Attorney shall have the authority to enter into a written
agreement with the Department of Revenue for pursuit of civil
liability under subsection (E) of Section 17-1 of the Criminal Code of 2012 against persons who
have issued to the Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1 of the Criminal
Code of 2012, with the Department to retain the amount owing upon the
dishonored check or order along with the dishonored check fee imposed under the
Uniform Penalty and Interest Act, with the balance of damages, fees, and costs
collected under subsection (E) of Section 17-1 of the Criminal Code of 2012 or under Section 17-1a of that Code to be retained by
the State's Attorney. The agreement shall not affect the allocation of fines
and costs imposed in any criminal prosecution.
(Source: P.A. 99-169, eff. 7-28-15; 99-642, eff. 7-28-16.)
55 ILCS 5/3-9006
(55 ILCS 5/3-9006)
(from Ch. 34, par. 3-9006)
Internal operations of office; simultaneous county board tenure.
(a) Internal operations of the office. The State's Attorney
shall control the internal operations of his or her office and procure the
necessary equipment, materials, and services to perform the duties of that
(b) Simultaneous county board tenure. A duly appointed Assistant State's Attorney may serve as an Assistant State's Attorney and, simultaneously, serve as a county board member for a county located outside of the jurisdiction of the State's Attorney Office that he or she serves. An Assistant State's Attorney serving as a county board member is subject to any internal mechanisms established by the State's Attorney to avoid conflicts of interest in the performance of his or her duties as an Assistant State's Attorney.
(Source: P.A. 95-1014, eff. 12-15-08.)
55 ILCS 5/3-9007
(55 ILCS 5/3-9007)
(from Ch. 34, par. 3-9007)
Home rule unit liquor tax ordinance; prosecutions.
Where any county, municipality or other unit of local government has
adopted any ordinance or other regulation imposing a tax upon the privilege
of engaging in business as a manufacturer, importing distributor, retailer
or distributor of beer, alcohol or other spirits, pursuant to its home rule
powers under Article VII, Section 6 of the Constitution of the State of
Illinois, nothing shall prohibit a State's attorney from prosecuting any
offense under the Criminal Code of 1961 or the Criminal Code of 2012 which may also constitute a
violation of the applicable ordinance or regulation.
(Source: P.A. 97-1150, eff. 1-25-13.)
55 ILCS 5/3-9008
(55 ILCS 5/3-9008)
(from Ch. 34, par. 3-9008)
Appointment of attorney to perform duties.
(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, civil or criminal, may file a petition alleging that the State's Attorney has an actual conflict of interest in the cause or proceeding. 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. 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.
(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