HB5800 101ST GENERAL ASSEMBLY

LRB101 21606 HEP 72536 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5800

Introduced 11/10/2020, by Rep. Rita Mayfield - Daniel Didech - Mary E. Flowers, Marcus C. Evans, Jr. and Bob Morgan

SYNOPSIS AS INTRODUCED:

15 ILCS 205/4	from Ch. 14, par. 4
15 ILCS 205/10 new

Amends the Attorney General Act. Provides that if an incident occurs between a police officer, or multiple police officers, and another person in which an apparent excessive amount of force was used and death occurred from that use of force, the matter shall be investigated by the Office of the Attorney General, in place of and instead of an investigation by the State's Attorney of the jurisdiction where the incident occurred. Provides that if, at the conclusion of the investigation, the Attorney General determines that the use of force by a peace officer comprised a criminal act, the Attorney General shall bring appropriate charges and prosecute the case on behalf of the people of the State. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Attorney General Act is amended by changing Section and by adding Section 10 as follows:

(15 ILCS 205/4) (from Ch. 14, par. 4)

Sec. 4. The duties of the Attorney General shall be: --

First - To appear for and represent the people of the State before the supreme court in all cases in which the State or the people of the State are interested.

Second - To institute and prosecute all actions and proceedings in favor of or for the use of the State, which may be necessary in the execution of the duties of any State officer.

Third - To defend all actions and proceedings against any State officer, in his official capacity, in any of the courts of this State or the United States.

Fourth - To consult with and advise the several State's Attorneys in matters relating to the duties of their office; and when, in his judgment, the interest of the people of the State requires it, he shall attend the trial of any party accused of crime, and assist in the prosecution. When the Attorney General has requested in writing that a State's Attorney initiate court proceedings to enforce any provisions of the Election Code or to initiate a criminal prosecution with respect to a violation of the Election Code, and when the State's Attorney has declined in writing to initiate those proceedings or prosecutions or when the State's Attorney has neither initiated the proceedings or prosecutions nor responded in writing to the Attorney General within 60 days of the receipt of the request, the Attorney General may, concurrently with or independently of the State's Attorney, initiate such proceedings or prosecutions. The Attorney General may investigate and prosecute any violation of the Election Code at the request of the State Board of Elections or a State's Attorney.

Fifth - To investigate alleged violations of the statutes which the Attorney General has a duty to enforce and to conduct other investigations in connection with assisting in the prosecution of a criminal offense at the request of a State's Attorney.

Sixth - To consult with and advise the governor and other State officers, and give, when requested, written opinions upon all legal or constitutional questions relating to the duties of such officers respectively.

Seventh - To prepare, when necessary, proper drafts for contracts and other writings relating to subjects in which the State is interested.

Eighth - To give written opinions, when requested by either branch of the general assembly, or any committee thereof, upon constitutional or legal questions.

Ninth - To enforce the proper application of funds appropriated to the public institutions of the State, prosecute breaches of trust in the administration of such funds, and, when necessary, prosecute corporations for failure or refusal to make the reports required by law.

Tenth - To keep, a register of all cases prosecuted or defended by him, in behalf of the State or its officers, and of all proceedings had in relation thereto, and to deliver the same to his successor in office.

Eleventh - To keep on file in his office a copy of the official opinions issued by the Attorney General and deliver same to his successor.

Twelfth - To pay into the State treasury all moneys received by him for the use of the State.

Thirteenth - To attend to and perform any other duty which may, from time to time, be required of him by law.

Fourteenth - To attend, present evidence to and prosecute indictments returned by each Statewide Grand Jury.

Fifteenth - To give written binding and advisory public access opinions as provided in Section 7 of this Act.

Sixteenth - To investigate and prosecute officer-involved deaths as provided in Section 10 of this Act.

(Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)

(15 ILCS 205/10 new)

Sec 10. Officer-involved deaths.

(a) If an incident occurs between a police officer, or multiple police officers, and another person in which an apparent excessive amount of force was used and death occurred from that use of force, the matter shall be investigated by the Office of the Attorney General. The investigation shall be in place of and instead of an investigation by the State's Attorney of the jurisdiction where the incident occurred.

(b) If, at the conclusion of the investigation, the Attorney General determines that the use of force by a peace officer comprised a criminal act, the Attorney General shall bring appropriate charges and prosecute the case on behalf of the people of the State.

Section 99. Effective date. This Act takes effect upon becoming law.