Sen. Dave Syverson

Filed: 2/8/2022

 

 


 

 


 
10200SB3460sam001LRB102 25497 AWJ 35789 a

1
AMENDMENT TO SENATE BILL 3460

2    AMENDMENT NO. ______. Amend Senate Bill 3460 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by adding Section
55-1188 as follows:
 
6    (55 ILCS 5/5-1188 new)
7    Sec. 5-1188. Administrative leave of a countywide elected
8official.
9    (a) If a county board member, county board chairman,
10State's Attorney, or other countywide elected official is
11criminally charged with an infamous crime or of any offense
12involving a violation of his or her official oath, the county
13board may vote to determine if the countywide elected official
14should be placed on administrative leave, with a three-fifths
15vote of all members, if the county board believes the official
16has been criminally charged with an infamous crime or of any

 

 

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1offense involving a violation of his or her official oath. If
2approved by the county board, the determination to place the
3elected official on administrative leave shall be sent to the
4State's Attorney of the county or, if the determination is
5regarding the State's Attorney, the county board shall
6petition the court for the appointment of a special State's
7Attorney to review the board's determination.
8    (b) Upon receipt of a determination from the county board
9under subsection (a), the State's Attorney shall review the
10alleged crimes to determine if the countywide elected official
11should be placed on administrative leave. If the State's
12Attorney believes the crime or crimes to be germane to the
13official's duties, the State's Attorney shall file a petition
14with the circuit court of the county for a rule to show cause
15why not to place the elected official on administrative leave.
16    Upon receipt of a determination from the county board
17under subsection (a) concerning the State's Attorney, the
18special State's Attorney shall review the alleged crimes to
19determine if the State's Attorney should be placed on
20administrative leave. If the special State's Attorney believes
21the crime or crimes to be germane to the State's Attorney's
22duties, the special State's Attorney shall file a petition
23with the circuit court of the county for a rule to show cause
24why not to place the elected official on administrative leave.
25    (c) As soon as the petition is filed with the court, the
26court shall issue a rule requiring the officer to show cause

 

 

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1why he or she should not be put on administrative leave, the
2rule alleging in general terms the cause or causes for such
3leave. The rule shall be returnable in not less than 10 nor
4more than 30 days and shall be served upon the officer with a
5copy of the petition. Upon return of the rule duly executed,
6unless good cause is shown for a continuance or postponement
7to a later day in the term, the case shall be tried on the day
8named in the rule and take precedence over all other cases on
9the docket. If, after trial, the court determined that the
10officer should be placed on administrative leave, the officer
11shall be removed from office.
12    (d) If it is determined that the officer should be placed
13on administrative leave as provided in subsection (c), the
14county board shall appoint a replacement for the official
15while the official is on administrative leave.
16    (e) If it is determined that the officer should be placed
17on administrative leave as provided in subsection (c), the
18official shall continue to receive all compensation and
19benefits during the official's administrative leave.
20    (f) If a judicial proceeding under this Section is
21dismissed in favor of the respondent, the court, in its
22discretion, may require the county in which the respondent
23serves to pay court costs or reasonable attorney fees, or
24both, for the respondent.
 
25    Section 10. The Township Code is amended by adding Section

 

 

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185-70 as follows:
 
2    (60 ILCS 1/85-70 new)
3    Sec. 85-70. Administrative leave of a township officer.
4    (a) If a township officer is criminally charged with an
5infamous crime or of any offense involving a violation of his
6or her official oath, the township board may vote to determine
7if the township officer should be placed on administrative
8leave, with a three-fifths vote of all members, if the
9township board believes the official has been criminally
10charged with an infamous crime or of any offense involving a
11violation of his or her official oath. If approved by the
12township board, the determination to place the elected
13official on administrative leave shall be sent to the township
14attorney of the county.
15    (b) Upon receipt of a determination from the township
16board under subsection (a), the township attorney shall review
17the alleged crimes to determine if the township officer should
18be placed on administrative leave. If the township attorney
19believes the crime or crimes to be germane to the officer's
20duties, the township attorney shall file a petition with the
21circuit court of the county where the township is located in
22for a rule to show cause why not to place the elected official
23on administrative leave.
24    (c) As soon as the petition is filed with the court, the
25court shall issue a rule requiring the township officer to

 

 

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1show cause why he or she should not be put on administrative
2leave, the rule alleging in general terms the cause or causes
3for such leave. The rule shall be returnable in not less than
410 nor more than 30 days and shall be served upon the officer
5with a copy of the petition. Upon return of the rule duly
6executed, unless good cause is shown for a continuance or
7postponement to a later day in the term, the case shall be
8tried on the day named in the rule and take precedence over all
9other cases on the docket. If, after trial, the court
10determined that the township officer should be placed on
11administrative leave, the township officer shall be removed
12from office.
13    (d) If it is determined that the township officer should
14be placed on administrative leave as provided in subsection
15(c), the township board shall appoint a replacement for the
16officer while the officer is on administrative leave.
17    (e) If it is determined that the township officer should
18be placed on administrative leave as provided in subsection
19(c), the official shall continue to receive all compensation
20and benefits during the official's administrative leave.
21    (f) If a judicial proceeding under this Section is
22dismissed in favor of the respondent, the court, in its
23discretion, may require the township in which the respondent
24serves to pay court costs or reasonable attorney fees, or
25both, for the respondent.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".