Illinois General Assembly - Full Text of HB0282
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Full Text of HB0282  102nd General Assembly

HB0282enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0282 EnrolledLRB102 09919 AWJ 15237 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 3-9001, 3-9002, 3-9004, 3-9005, 3-9006, 3-9008,
63-9009, and 3-9012 as follows:
 
7    (55 ILCS 5/3-9001)  (from Ch. 34, par. 3-9001)
8    Sec. 3-9001. Oath; bond. Before entering upon the
9respective duties of their office, the state's attorneys shall
10each be commissioned by the governor, and shall take the
11following oath or affirmation:
12    I do solemnly swear (or affirm, as the case may be), that I
13will support the constitution of the United States and the
14constitution of the state of Illinois, and that I will
15faithfully discharge the duties of the office of state's
16attorney according to the best of my ability.
17    Each State's attorney shall also execute a bond, to the
18People of the State of Illinois, (or, if the county is
19self-insured, the county through its self-insurance program
20may provide bonding) with good and sufficient securities in
21the penal sum of $5,000, to be approved by the circuit court
22for the his respective county, which approval shall be
23indorsed upon the bond. The bond, with the approval thereof

 

 

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1indorsed, shall be entered of record in the circuit court, and
2then forwarded by the county clerk to the secretary of state,
3to be filed in the Secretary of State's his office. Each of the
4bonds shall be conditioned upon the faithful discharge of the
5duties of the office, and the paying over all moneys as
6provided by law, which bond shall run to and be for the benefit
7of the state, county, corporation or person injured by a
8breach of any of the conditions thereof.
9(Source: P.A. 88-387.)
 
10    (55 ILCS 5/3-9002)  (from Ch. 34, par. 3-9002)
11    Sec. 3-9002. Commencement of duties. The State's attorney
12shall enter upon the duties of the his office on the first day
13in the month of December following the his election of the
14State's Attorney on which the State's attorney's office is
15required, by statute or by action of the county board, to be
16open.
17(Source: P.A. 86-962.)
 
18    (55 ILCS 5/3-9004)  (from Ch. 34, par. 3-9004)
19    Sec. 3-9004. Failure to give bond or take oath. If any
20person elected to the office of State's attorney shall fail to
21give bond, or take the oath required of the State's Attorney
22him, within twenty days after the person he is declared
23elected, the office shall be deemed vacant, and if, being
24required to give additional bond, as provided in Section

 

 

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13-9003 hereof, the person he fails to do so within twenty days
2after notice of such requirements, the State's Attorney his
3office may, in the discretion of the governor, be declared
4vacant and filled as provided by law.
5(Source: P.A. 86-962.)
 
6    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
7    Sec. 3-9005. Powers and duties of State's Attorney.
8    (a) The duty of each State's Attorney shall be:
9        (1) To commence and prosecute all actions, suits,
10    indictments and prosecutions, civil and criminal, in the
11    circuit court for the his county, in which the people of
12    the State or county may be concerned.
13        (2) To prosecute all forfeited bonds and
14    recognizances, and all actions and proceedings for the
15    recovery of debts, revenues, moneys, fines, penalties and
16    forfeitures accruing to the State or the his county, or to
17    any school district or road district in the his county;
18    also, to prosecute all suits in the his county against
19    railroad or transportation companies, which may be
20    prosecuted in the name of the People of the State of
21    Illinois.
22        (3) To commence and prosecute all actions and
23    proceedings brought by any county officer in the county
24    officer's his official capacity.
25        (4) To defend all actions and proceedings brought

 

 

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1    against the his county, or against any county or State
2    officer, in the county or State officer's his official
3    capacity, within the his county.
4        (5) To attend the examination of all persons brought
5    before any judge on habeas corpus, when the prosecution is
6    in the his county.
7        (6) To attend before judges and prosecute charges of
8    felony or misdemeanor, for which the offender is required
9    to be recognized to appear before the circuit court, when
10    in the State's Attorney's his power so to do.
11        (7) To give the State's Attorney's his opinion,
12    without fee or reward, to any county officer in the his
13    county, upon any question or law relating to any criminal
14    or other matter, in which the people or the county may be
15    concerned.
16        (8) To assist the Attorney General whenever it may be
17    necessary, and in cases of appeal from the his county to
18    the Supreme Court, to which it is the duty of the Attorney
19    General to attend, the State's Attorney he shall furnish
20    the Attorney General at least 10 days before such is due to
21    be filed, a manuscript of a proposed statement, brief and
22    argument to be printed and filed on behalf of the people,
23    prepared in accordance with the rules of the Supreme
24    Court. However, if such brief, argument or other document
25    is due to be filed by law or order of court within this
26    10-day period, then the State's Attorney shall furnish

 

 

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1    such as soon as may be reasonable.
2        (9) To pay all moneys received by the State's Attorney
3    him in trust, without delay, to the officer who by law is
4    entitled to the custody thereof.
5        (10) To notify, by first class mail, complaining
6    witnesses of the ultimate disposition of the cases arising
7    from an indictment or an information.
8        (11) To perform such other and further duties as may,
9    from time to time, be enjoined on the State's Attorney him
10    by law.
11        (12) To appear in all proceedings by collectors of
12    taxes against delinquent taxpayers for judgments to sell
13    real estate, and see that all the necessary preliminary
14    steps have been legally taken to make the judgment legal
15    and binding.
16        (13) To notify, by first-class mail, the State
17    Superintendent of Education, the applicable regional
18    superintendent of schools, and the superintendent of the
19    employing school district or the chief school
20    administrator of the employing nonpublic school, if any,
21    upon the conviction of any individual known to possess a
22    certificate or license issued pursuant to Article 21 or
23    21B, respectively, of the School Code of any offense set
24    forth in Section 21B-80 of the School Code or any other
25    felony conviction, providing the name of the certificate
26    holder, the fact of the conviction, and the name and

 

 

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1    location of the court where the conviction occurred. The
2    certificate holder must also be contemporaneously sent a
3    copy of the notice.
4    (b) The State's Attorney of each county shall have
5authority to appoint one or more special investigators to
6serve subpoenas and summonses, make return of process, and
7conduct investigations which assist the State's Attorney in
8the performance of the State's Attorney his duties. In
9counties of the first and second class, the fees for service of
10subpoenas and summonses are allowed by this Section and shall
11be consistent with those set forth in Section 4-5001 of this
12Act, except when increased by county ordinance as provided for
13in Section 4-5001. In counties of the third class, the fees for
14service of subpoenas and summonses are allowed by this Section
15and shall be consistent with those set forth in Section
164-12001 of this Act. A special investigator shall not carry
17firearms except with permission of the State's Attorney and
18only while carrying appropriate identification indicating the
19special investigator's his employment and in the performance
20of the special investigator's his assigned duties.
21    Subject to the qualifications set forth in this
22subsection, special investigators shall be peace officers and
23shall have all the powers possessed by investigators under the
24State's Attorneys Appellate Prosecutor's Act.
25    No special investigator employed by the State's Attorney
26shall have peace officer status or exercise police powers

 

 

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1unless the special investigator he or she successfully
2completes the basic police training course mandated and
3approved by the Illinois Law Enforcement Training Standards
4Board or such board waives the training requirement by reason
5of the special investigator's prior law enforcement experience
6or training or both. Any State's Attorney appointing a special
7investigator shall consult with all affected local police
8agencies, to the extent consistent with the public interest,
9if the special investigator is assigned to areas within that
10agency's jurisdiction.
11    Before a person is appointed as a special investigator,
12the person's his fingerprints shall be taken and transmitted
13to the Department of State Police. The Department shall
14examine its records and submit to the State's Attorney of the
15county in which the investigator seeks appointment any
16conviction information concerning the person on file with the
17Department. No person shall be appointed as a special
18investigator if the person he has been convicted of a felony or
19other offense involving moral turpitude. A special
20investigator shall be paid a salary and be reimbursed for
21actual expenses incurred in performing the special
22investigator's his assigned duties. The county board shall
23approve the salary and actual expenses and appropriate the
24salary and expenses in the manner prescribed by law or
25ordinance.
26    (c) The State's Attorney may request and receive from

 

 

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1employers, labor unions, telephone companies, and utility
2companies location information concerning putative fathers and
3noncustodial parents for the purpose of establishing a child's
4paternity or establishing, enforcing, or modifying a child
5support obligation. In this subsection, "location information"
6means information about (i) the physical whereabouts of a
7putative father or noncustodial parent, (ii) the putative
8father or noncustodial parent's employer, or (iii) the salary,
9wages, and other compensation paid and the health insurance
10coverage provided to the putative father or noncustodial
11parent by the employer of the putative father or noncustodial
12parent or by a labor union of which the putative father or
13noncustodial parent is a member.
14    (d) (Blank).
15    (e) The State's Attorney shall have the authority to enter
16into a written agreement with the Department of Revenue for
17pursuit of civil liability under subsection (E) of Section
1817-1 of the Criminal Code of 2012 against persons who have
19issued to the Department checks or other orders in violation
20of the provisions of paragraph (1) of subsection (B) of
21Section 17-1 of the Criminal Code of 2012, with the Department
22to retain the amount owing upon the dishonored check or order
23along with the dishonored check fee imposed under the Uniform
24Penalty and Interest Act, with the balance of damages, fees,
25and costs collected under subsection (E) of Section 17-1 of
26the Criminal Code of 2012 or under Section 17-1a of that Code

 

 

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1to be retained by the State's Attorney. The agreement shall
2not affect the allocation of fines and costs imposed in any
3criminal prosecution.
4    (f) In a county with less than 2,000,000 inhabitants, and
5only upon receipt of a written request by the superintendent
6of the county Veterans Assistance Commission for the county in
7which the State's Attorney is located, the State's Attorney
8shall have the discretionary authority to render an opinion,
9without fee or reward, upon any question of law relating to a
10matter in which the county Veterans Assistance Commission may
11be concerned. The State's Attorney shall have the discretion
12to grant or decline such a request.
13(Source: P.A. 101-275, eff. 8-9-19.)
 
14    (55 ILCS 5/3-9006)  (from Ch. 34, par. 3-9006)
15    Sec. 3-9006. Internal operations of office; simultaneous
16county board tenure.
17    (a) Internal operations of the office. The State's
18Attorney shall control the internal operations of the State's
19Attorney's his or her office and procure the necessary
20equipment, materials, and services to perform the duties of
21that office.
22    (b) Simultaneous county board tenure. A duly appointed
23Assistant State's Attorney may serve as an Assistant State's
24Attorney and, simultaneously, serve as a county board member
25for a county located outside of the jurisdiction of the

 

 

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1State's Attorney Office that the Assistant State's Attorney he
2or she serves. An Assistant State's Attorney serving as a
3county board member is subject to any internal mechanisms
4established by the State's Attorney to avoid conflicts of
5interest in the performance of the individual's his or her
6duties as an Assistant State's Attorney.
7(Source: P.A. 95-1014, eff. 12-15-08.)
 
8    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
9    Sec. 3-9008. Appointment of attorney to perform duties.
10    (a) (Blank).
11    (a-5) The court on its own motion, or an interested person
12in a cause or proceeding, civil or criminal, may file a
13petition alleging that the State's Attorney is sick, absent,
14or unable to fulfill the State's Attorney's his or her duties.
15The court shall consider the petition, any documents filed in
16response, and if necessary, grant a hearing to determine
17whether the State's Attorney is sick, absent, or otherwise
18unable to fulfill the State's Attorney's his or her duties. If
19the court finds that the State's Attorney is sick, absent, or
20otherwise unable to fulfill the State's Attorney's his or her
21duties, the court may appoint some competent attorney to
22prosecute or defend the cause or proceeding.
23    (a-10) The court on its own motion, or an interested
24person in a cause or proceeding, civil or criminal, may file a
25petition alleging that the State's Attorney has an actual

 

 

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1conflict of interest in the cause or proceeding. The court
2shall consider the petition, any documents filed in response,
3and if necessary, grant a hearing to determine whether the
4State's Attorney has an actual conflict of interest in the
5cause or proceeding. If the court finds that the petitioner
6has proven by sufficient facts and evidence that the State's
7Attorney has an actual conflict of interest in a specific
8case, the court may appoint some competent attorney to
9prosecute or defend the cause or proceeding.
10    (a-15) Notwithstanding subsections (a-5) and (a-10) of
11this Section, the State's Attorney may file a petition to
12recuse the State's Attorney himself or herself from a cause or
13proceeding for any other reason the State's Attorney he or she
14deems appropriate and the court shall appoint a special
15prosecutor as provided in this Section.
16    (a-20) Prior to appointing a private attorney under this
17Section, the court shall contact public agencies, including,
18but not limited to, the Office of Attorney General, Office of
19the State's Attorneys Appellate Prosecutor, or local State's
20Attorney's Offices throughout the State, to determine a public
21prosecutor's availability to serve as a special prosecutor at
22no cost to the county and shall appoint a public agency if they
23are able and willing to accept the appointment. An attorney so
24appointed shall have the same power and authority in relation
25to the cause or proceeding as the State's Attorney would have
26if present and attending to the cause or proceedings.

 

 

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1    (b) In case of a vacancy of more than one year occurring in
2any county in the office of State's attorney, by death,
3resignation or otherwise, and it becomes necessary for the
4transaction of the public business, that some competent
5attorney act as State's attorney in and for such county during
6the period between the time of the occurrence of such vacancy
7and the election and qualification of a State's attorney, as
8provided by law, the vacancy shall be filled upon the written
9request of a majority of the circuit judges of the circuit in
10which is located the county where such vacancy exists, by
11appointment as provided in The Election Code of some competent
12attorney to perform and discharge all the duties of a State's
13attorney in the said county, such appointment and all
14authority thereunder to cease upon the election and
15qualification of a State's attorney, as provided by law. Any
16attorney appointed for any reason under this Section shall
17possess all the powers and discharge all the duties of a
18regularly elected State's attorney under the laws of the State
19to the extent necessary to fulfill the purpose of such
20appointment, and shall be paid by the county the State's
21Attorney he serves not to exceed in any one period of 12
22months, for the reasonable amount of time actually expended in
23carrying out the purpose of such appointment, the same
24compensation as provided by law for the State's attorney of
25the county, apportioned, in the case of lesser amounts of
26compensation, as to the time of service reasonably and

 

 

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1actually expended. The county shall participate in all
2agreements on the rate of compensation of a special
3prosecutor.
4    (c) An order granting authority to a special prosecutor
5must be construed strictly and narrowly by the court. The
6power and authority of a special prosecutor shall not be
7expanded without prior notice to the county. In the case of the
8proposed expansion of a special prosecutor's power and
9authority, a county may provide the court with information on
10the financial impact of an expansion on the county. Prior to
11the signing of an order requiring a county to pay for
12attorney's fees or litigation expenses, the county shall be
13provided with a detailed copy of the invoice describing the
14fees, and the invoice shall include all activities performed
15in relation to the case and the amount of time spent on each
16activity.
17(Source: P.A. 99-352, eff. 1-1-16.)
 
18    (55 ILCS 5/3-9009)  (from Ch. 34, par. 3-9009)
19    Sec. 3-9009. Private fee and employment prohibited. The
20State's attorney shall not receive any fee or reward from or in
21behalf of any private person for any services within the
22State's Attorney's his official duties and shall not be
23retained or employed, except for the public, in a civil case
24depending upon the same state of facts on which a criminal
25prosecution shall depend.

 

 

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1(Source: P.A. 86-962.)
 
2    (55 ILCS 5/3-9012)  (from Ch. 34, par. 3-9012)
3    Sec. 3-9012. Compensation. A State's attorney who serves 2
4or more counties shall receive such compensation from the
5State Treasury as is provided by law for the State's attorney
6of a single county. The State's Attorney He shall be paid by
7the counties such compensation as may be agreed upon by the
8county boards within the salary range prescribed by law
9applicable to a single county with a population equal to the
10combined population of the counties the State's Attorney he
11serves. Unless the county boards agree upon a lesser amount,
12the State's Attorney he shall be paid the highest permissible
13salary within such range. The amount to be paid by the counties
14shall be apportioned among them on the basis of their
15population. Seventy-five percent (75%) of the amount provided
16by law to be paid from the State treasury for the services of
17the State's attorney in the case of a single county is payable
18to each of the counties served by the same State's attorney,
19except that the amounts paid to those counties under this
20Section in any year may not exceed, in the aggregate, the
21annual salary paid to that State's attorney from both county
22and State funds, in which case reduction of the State's
23contribution to each county shall be reduced proportionately
24according to population of each participating county.
25(Source: P.A. 86-962.)
 

 

 

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1    Section 10. The Military Veterans Assistance Act is
2amended by changing Section 10 as follows:
 
3    (330 ILCS 45/10)  (from Ch. 23, par. 3090)
4    Sec. 10. The executive powers of the commission shall be
5vested in a superintendent elected by the commission from
6among those who served in the armed forces of the United
7States. The superintendent, designated Superintendent of
8Veterans Assistance of the county, shall, under the direction
9of the commission, have charge of and maintain an office in the
10county building or other central location, to be used solely
11by the commission for carrying on its assistance work. The
12county shall provide the office and furnish all necessary
13supplies, including telephone, printing, stationery and
14postage therefor.
15    The county board shall, in any county where a Veterans
16Assistance Commission is organized, in addition to sums
17appropriated for assistance and emergency assistance purposes
18under this Act, appropriate such additional sums, upon
19recommendation of the Veterans Assistance Commission and as
20approved by the county board, to properly compensate the
21officers and employees required to administer such assistance.
22Such county board approval shall be based upon recognized and
23established salary guidelines developed by the county and used
24by the county to compensate county employees. If the county

 

 

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1does not have established employee salary guidelines, the
2county board shall provide funds to the commission to
3compensate the superintendent and his employees in a just
4manner. The county board shall also provide funds to the
5commission to reimburse the superintendent, officers,
6delegates and employees for certain expenses which are
7approved by the commission. The superintendent and other
8employees shall be employees of the Veterans Assistance
9Commission, and no provision in this Section or elsewhere in
10this Act shall be construed to mean that they are employees of
11the county.
12    Superintendents, subject to rules formulated by the
13commission, shall select, as far as possible, secretaries and
14other employees from among honorably discharged military
15veterans as defined in Section 2, or their surviving spouses.
16    In a county with less than 2,000,000 inhabitants, the
17superintendent may, in conformance with subsection (f) of
18Section 3-9005 of the Counties Code, request legal assistance
19from the State's Attorney serving the county in which the
20Veterans Assistance Commission is located.
21    Superintendents of all counties subject to this Act, when
22required by the commission, shall give bond in the sum of
23$2,000 for the faithful performance of their duties.
24    All persons elected or selected to fill positions provided
25for in this Section shall be exempt from the operation and
26provisions of any civil service act or laws of this State, and

 

 

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1the secretary of the commission shall be appointed by the
2superintendent. However, if "The Illinois Public Aid Code", as
3amended, becomes applicable in any county, the Department of
4Human Services may exercise the powers therein designated in
5relation to employees engaged in the administration of
6assistance under this Act.
7(Source: P.A. 89-507, eff. 7-1-97.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.