Sen. Chapin Rose

Filed: 4/22/2021





10200SB2520sam003LRB102 16523 AWJ 25432 a


2    AMENDMENT NO. ______. Amend Senate Bill 2520, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Counties Code is amended by changing
6Section 3-9008 as follows:
7    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
8    Sec. 3-9008. Appointment of attorney to perform duties.
9    (a) (Blank).
10    (a-5) The court on its own motion, or an interested person
11in a cause or proceeding, civil or criminal, may file a
12petition alleging that the State's Attorney is sick, absent,
13or unable to fulfill his or her duties. The court shall
14consider the petition, any documents filed in response, and if
15necessary, grant a hearing to determine whether the State's
16Attorney is sick, absent, or otherwise unable to fulfill his



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1or her duties. If the court finds that the State's Attorney is
2sick, absent, or otherwise unable to fulfill his or her
3duties, the court may appoint some competent attorney to
4prosecute or defend the cause or proceeding.
5    (a-10) The court on its own motion, or an interested
6person in a cause, or proceeding, or other matter, civil or
7criminal, may file a petition alleging that the State's
8Attorney has an actual conflict of interest in the cause or
9proceeding. The court shall consider the petition, any
10documents filed in response, and if necessary, grant a hearing
11to determine whether the State's Attorney has an actual
12conflict of interest in the cause or proceeding. If the court
13finds that the petitioner has proven by sufficient facts and
14evidence that the State's Attorney has an actual conflict of
15interest in a specific case, the court may appoint some
16competent attorney to prosecute or defend the cause, or
17proceeding, or other matter.
18    (a-15) Notwithstanding subsections (a-5) and (a-10) of
19this Section, the State's Attorney may file a petition to
20recuse himself or herself from a cause or proceeding for any
21other reason he or she deems appropriate and the court shall
22appoint a special prosecutor as provided in this Section.
23    (a-20) Prior to appointing a private attorney under this
24Section, the court shall contact public agencies, including,
25but not limited to, the Office of Attorney General, Office of
26the State's Attorneys Appellate Prosecutor, or local State's



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1Attorney's Offices throughout the State, to determine a public
2prosecutor's availability to serve as a special prosecutor at
3no cost to the county and shall appoint a public agency if they
4are able and willing to accept the appointment. An attorney so
5appointed shall have the same power and authority in relation
6to the cause or proceeding as the State's Attorney would have
7if present and attending to the cause or proceedings.
8    (b) In case of a vacancy of more than one year occurring in
9any county in the office of State's attorney, by death,
10resignation or otherwise, and it becomes necessary for the
11transaction of the public business, that some competent
12attorney act as State's attorney in and for such county during
13the period between the time of the occurrence of such vacancy
14and the election and qualification of a State's attorney, as
15provided by law, the vacancy shall be filled upon the written
16request of a majority of the circuit judges of the circuit in
17which is located the county where such vacancy exists, by
18appointment as provided in The Election Code of some competent
19attorney to perform and discharge all the duties of a State's
20attorney in the said county, such appointment and all
21authority thereunder to cease upon the election and
22qualification of a State's attorney, as provided by law. Any
23attorney appointed for any reason under this Section shall
24possess all the powers and discharge all the duties of a
25regularly elected State's attorney under the laws of the State
26to the extent necessary to fulfill the purpose of such



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1appointment, and shall be paid by the county he serves not to
2exceed in any one period of 12 months, for the reasonable
3amount of time actually expended in carrying out the purpose
4of such appointment, the same compensation as provided by law
5for the State's attorney of the county, apportioned, in the
6case of lesser amounts of compensation, as to the time of
7service reasonably and actually expended. The county shall
8participate in all agreements on the rate of compensation of a
9special prosecutor.
10    (c) An order granting authority to a special prosecutor
11must be construed strictly and narrowly by the court. The
12power and authority of a special prosecutor shall not be
13expanded without prior notice to the county. In the case of the
14proposed expansion of a special prosecutor's power and
15authority, a county may provide the court with information on
16the financial impact of an expansion on the county. Prior to
17the signing of an order requiring a county to pay for
18attorney's fees or litigation expenses, the county shall be
19provided with a detailed copy of the invoice describing the
20fees, and the invoice shall include all activities performed
21in relation to the case and the amount of time spent on each
23(Source: P.A. 99-352, eff. 1-1-16.)".