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.


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A BILL FOR

 

HB5800LRB101 21606 HEP 72536 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Attorney General Act is amended by changing
5Section and by adding Section 10 as follows:
 
6    (15 ILCS 205/4)  (from Ch. 14, par. 4)
7    Sec. 4. The duties of the Attorney General shall be: --
8    First - To appear for and represent the people of the State
9before the supreme court in all cases in which the State or the
10people of the State are interested.
11    Second - To institute and prosecute all actions and
12proceedings in favor of or for the use of the State, which may
13be necessary in the execution of the duties of any State
14officer.
15    Third - To defend all actions and proceedings against any
16State officer, in his official capacity, in any of the courts
17of this State or the United States.
18    Fourth - To consult with and advise the several State's
19Attorneys in matters relating to the duties of their office;
20and when, in his judgment, the interest of the people of the
21State requires it, he shall attend the trial of any party
22accused of crime, and assist in the prosecution. When the
23Attorney General has requested in writing that a State's

 

 

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1Attorney initiate court proceedings to enforce any provisions
2of the Election Code or to initiate a criminal prosecution with
3respect to a violation of the Election Code, and when the
4State's Attorney has declined in writing to initiate those
5proceedings or prosecutions or when the State's Attorney has
6neither initiated the proceedings or prosecutions nor
7responded in writing to the Attorney General within 60 days of
8the receipt of the request, the Attorney General may,
9concurrently with or independently of the State's Attorney,
10initiate such proceedings or prosecutions. The Attorney
11General may investigate and prosecute any violation of the
12Election Code at the request of the State Board of Elections or
13a State's Attorney.
14    Fifth - To investigate alleged violations of the statutes
15which the Attorney General has a duty to enforce and to conduct
16other investigations in connection with assisting in the
17prosecution of a criminal offense at the request of a State's
18Attorney.
19    Sixth - To consult with and advise the governor and other
20State officers, and give, when requested, written opinions upon
21all legal or constitutional questions relating to the duties of
22such officers respectively.
23    Seventh - To prepare, when necessary, proper drafts for
24contracts and other writings relating to subjects in which the
25State is interested.
26    Eighth - To give written opinions, when requested by either

 

 

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1branch of the general assembly, or any committee thereof, upon
2constitutional or legal questions.
3    Ninth - To enforce the proper application of funds
4appropriated to the public institutions of the State, prosecute
5breaches of trust in the administration of such funds, and,
6when necessary, prosecute corporations for failure or refusal
7to make the reports required by law.
8    Tenth - To keep, a register of all cases prosecuted or
9defended by him, in behalf of the State or its officers, and of
10all proceedings had in relation thereto, and to deliver the
11same to his successor in office.
12    Eleventh - To keep on file in his office a copy of the
13official opinions issued by the Attorney General and deliver
14same to his successor.
15    Twelfth - To pay into the State treasury all moneys
16received by him for the use of the State.
17    Thirteenth - To attend to and perform any other duty which
18may, from time to time, be required of him by law.
19    Fourteenth - To attend, present evidence to and prosecute
20indictments returned by each Statewide Grand Jury.
21    Fifteenth - To give written binding and advisory public
22access opinions as provided in Section 7 of this Act.
23    Sixteenth - To investigate and prosecute officer-involved
24deaths as provided in Section 10 of this Act.
25(Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)
 

 

 

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1    (15 ILCS 205/10 new)
2    Sec 10. Officer-involved deaths.
3    (a) If an incident occurs between a police officer, or
4multiple police officers, and another person in which an
5apparent excessive amount of force was used and death occurred
6from that use of force, the matter shall be investigated by the
7Office of the Attorney General. The investigation shall be in
8place of and instead of an investigation by the State's
9Attorney of the jurisdiction where the incident occurred.
10    (b) If, at the conclusion of the investigation, the
11Attorney General determines that the use of force by a peace
12officer comprised a criminal act, the Attorney General shall
13bring appropriate charges and prosecute the case on behalf of
14the people of the State.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.