Bill Status of SB2520  102nd General Assembly


Short Description:  CNTY-STATE'S ATTORNEY CONFLICT

Senate Sponsors
Sen. Chapin Rose and Sally J. Turner

House Sponsors
(Rep. Dan Caulkins)

Last Action
DateChamber Action
  8/27/2021SenatePublic Act . . . . . . . . . 102-0657

Statutes Amended In Order of Appearance
15 ILCS 205/4f new
55 ILCS 5/5-1186 new


Synopsis As Introduced
Amends the Counties Code. Provides that, if a majority of the county board, by resolution, declares there to be a conflict of interest between the State's Attorney and the county board, the county board may, for civil matters involving the county board, notify the Attorney General, or hire outside legal counsel, to represent the county board while the conflict of interest remains. Amends the Attorney General Act. Provides that, when notified by a county board that the county board has declared a conflict of interest between the State's Attorney and the county board, the Attorney General, or his or her designee, shall appear for and represent the county board in civil matters involving the county board until such time that the county board notifies the Attorney General that the conflict of interest no longer remains. Effective immediately.

Senate Committee Amendment No. 2
Deletes reference to:
15 ILCS 205/4f new

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: provides that the county board must petition the circuit court to authorize the hiring of outside legal counsel to represent the county board while the conflict of interest remains with the State's Attorney; and removes provisions allowing the Attorney General to represent the county board while the conflict of interest remains. Effective immediately.

Senate Floor Amendment No. 3
Deletes reference to:
55 ILCS 5/5-1186 new
Adds reference to:
55 ILCS 5/3-9008from Ch. 34, par. 3-9008

Replaces everything after the enacting clause. Amends the Counties Code. The court on its own motion, or an interested person in a cause, proceeding, or other matter, civil or criminal, (rather than only 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. Makes conforming changes.

House Floor Amendment No. 1
Changes "other matter" to "other matter arising under the State's Attorney's duties". Makes other conforming changes.

Actions 
DateChamber Action
  2/26/2021SenateFiled with Secretary by Sen. Chapin Rose
  2/26/2021SenateFirst Reading
  2/26/2021SenateReferred to Assignments
  3/23/2021SenateAssigned to Judiciary
  4/7/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Chapin Rose
  4/7/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/12/2021SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Chapin Rose
  4/12/2021SenateSenate Committee Amendment No. 2 Referred to Assignments
  4/13/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  4/13/2021SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  4/13/2021SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  4/13/2021SenateSenate Committee Amendment No. 2 Adopted
  4/14/2021SenateDo Pass as Amended Judiciary; 008-000-000
  4/14/2021SenatePlaced on Calendar Order of 2nd Reading April 15, 2021
  4/16/2021SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  4/20/2021SenateAdded as Co-Sponsor Sen. Sally J. Turner
  4/22/2021SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Chapin Rose
  4/22/2021SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/23/2021SenateRule 2-10 Third Reading Deadline Established As April 30, 2021
  4/27/2021SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  4/28/2021SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 006-000-000
  4/29/2021SenateSecond Reading
  4/29/2021SenateSenate Floor Amendment No. 3 Adopted; Rose
  4/29/2021SenatePlaced on Calendar Order of 3rd Reading May 4, 2021
  4/30/2021SenateRule 2-10 Third Reading Deadline Established As May 7, 2021
  5/6/2021SenateThird Reading - Passed; 058-001-000
  5/7/2021HouseArrived in House
  5/11/2021HouseChief House Sponsor Rep. Dan Caulkins
  5/11/2021HouseFirst Reading
  5/11/2021HouseReferred to Rules Committee
  5/13/2021HouseAssigned to Counties & Townships Committee
  5/13/2021HouseCommittee/Final Action Deadline Extended-9(b) May 28, 2021
  5/20/2021HouseDo Pass / Short Debate Counties & Townships Committee; 008-002-000
  5/20/2021HousePlaced on Calendar 2nd Reading - Short Debate
  5/26/2021HouseSecond Reading - Short Debate
  5/26/2021HouseHeld on Calendar Order of Second Reading - Short Debate
  5/27/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Dan Caulkins
  5/27/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/28/2021HouseFinal Action Deadline Extended-9(b) May 31, 2021
  5/29/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  5/29/2021HouseHouse Floor Amendment No. 1 Adopted
  5/29/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2021HouseThird Reading - Short Debate - Passed 103-006-000
  5/29/2021SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/29/2021SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2021
  5/29/2021SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Chapin Rose
  5/29/2021SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2021SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/30/2021SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-000-000
  5/30/2021SenateHouse Floor Amendment No. 1 Senate Concurs 058-001-000
  5/30/2021SenateSenate Concurs
  5/30/2021SenatePassed Both Houses
  6/28/2021SenateSent to the Governor
  8/27/2021SenateGovernor Approved
  8/27/2021SenateEffective Date January 1, 2022
  8/27/2021SenatePublic Act . . . . . . . . . 102-0657