Illinois General Assembly - Full Text of SB3460
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Full Text of SB3460  102nd General Assembly

SB3460eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3460 EngrossedLRB102 25497 AWJ 34785 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 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 any felony in
12violation of his or her official oath, the county board may
13vote to determine if the countywide elected official should be
14placed on administrative leave, with a three-fifths vote of
15all members, if the county board believes the official has
16been criminally charged with an infamous crime or any felony
17in violation of his or her official oath. If approved by the
18county board, the determination to place the elected official
19on administrative leave shall be sent to the State's Attorney
20of the county or, if the determination is regarding the
21State's Attorney or if the State's Attorney has a conflict of
22interest, the county board shall petition the court for the
23appointment of a special State's Attorney to review the

 

 

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1board's determination.
2    (b) Upon receipt of a determination from the county board
3under subsection (a), the State's Attorney shall review the
4alleged crimes to determine if the countywide elected official
5should be placed on administrative leave. If the State's
6Attorney believes the crime or crimes to be germane to the
7official's duties, the State's Attorney shall file a petition
8with the circuit court of the county for a rule to show cause
9why the elected official should not be placed on
10administrative leave.
11    Upon receipt of a determination from the county board
12    under subsection (a) concerning the State's Attorney or,
13    if the State's Attorney has a conflict of interest, the
14    special State's Attorney shall review the alleged crimes
15    to determine if the State's Attorney or official should be
16    placed on administrative leave. If the special State's
17    Attorney believes the crime or crimes to be germane to the
18    State's Attorney's or official's duties, the special
19    State's Attorney shall file a petition with the circuit
20    court of the county for a rule to show cause why the
21    elected official should not be placed on administrative
22    leave.
23    (c) As soon as the petition is filed with the court, the
24court shall issue a rule requiring the officer to show cause
25why he or she should not be put on administrative leave, the
26rule alleging in general terms the cause or causes for such

 

 

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1leave. The rule shall be returnable in not less than 10 nor
2more than 30 days and shall be served upon the officer with a
3copy of the petition. Upon return of the rule duly executed,
4unless good cause is shown for a continuance or postponement
5to a later day in the term, the case shall be tried on the day
6named in the rule and take precedence over all other cases on
7the docket. If, after trial, the court determined that the
8officer should be placed on administrative leave, the officer
9shall be removed from office and shall be barred from county
10property and performing the official's duties until the case
11is closed and the county board determines the conflict is
12resolved.
13    (d) If it is determined that the officer should be placed
14on administrative leave as provided in subsection (c), the
15county board shall appoint a replacement for the official
16while the official is on administrative leave.
17    (e) If it is determined that the officer should be placed
18on administrative leave as provided in subsection (c), the
19official shall continue to receive all compensation and
20benefits 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 county in which the respondent
24serves to pay court costs or reasonable attorney fees, or
25both, for the respondent.
26    (g) This Section applies to counties with a population of

 

 

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1less than 500,000 people.
 
2    Section 10. The Township Code is amended by adding Section
385-70 as follows:
 
4    (60 ILCS 1/85-70 new)
5    Sec. 85-70. Administrative leave of a township officer.
6    (a) If a township officer is criminally charged with an
7infamous crime or any felony in violation of his or her
8official oath, the township board may vote to determine if the
9township officer should be placed on administrative leave,
10with a three-fifths vote of all members, if the township board
11believes the official has been criminally charged with an
12infamous crime or any felony in violation of his or her
13official oath. If approved by the township board, the
14determination to place the elected official on administrative
15leave shall be sent to the township attorney of the county.
16    (b) Upon receipt of a determination from the township
17board under subsection (a), the township attorney shall review
18the alleged crimes to determine if the township officer should
19be placed on administrative leave. If the township attorney
20believes the crime or crimes to be germane to the officer's
21duties, the township attorney shall file a petition with the
22circuit court of the county where the township is located in
23for a rule to show cause why the elected official should not be
24placed on administrative leave.

 

 

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1    (c) As soon as the petition is filed with the court, the
2court shall issue a rule requiring the township officer to
3show cause why he or she should not be put on administrative
4leave, the rule alleging in general terms the cause or causes
5for such leave. The rule shall be returnable in not less than
610 nor more than 30 days and shall be served upon the officer
7with a copy of the petition. Upon return of the rule duly
8executed, unless good cause is shown for a continuance or
9postponement to a later day in the term, the case shall be
10tried on the day named in the rule and take precedence over all
11other cases on the docket. If, after trial, the court
12determined that the township officer should be placed on
13administrative leave, the township officer shall be removed
14from office and shall be barred from township property and
15performing the official's duties until the case is closed and
16the township board determines the conflict is resolved.
17    (d) If it is determined that the township officer should
18be placed on administrative leave as provided in subsection
19(c), the township board shall appoint a replacement for the
20officer while the officer is on administrative leave.
21    (e) If it is determined that the township officer should
22be placed on administrative leave as provided in subsection
23(c), the official shall continue to receive all compensation
24and benefits during the official's administrative leave.
25    (f) If a judicial proceeding under this Section is
26dismissed in favor of the respondent, the court, in its

 

 

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1discretion, may require the township in which the respondent
2serves to pay court costs or reasonable attorney fees, or
3both, for the respondent.
4    (g) This Section applies to townships within counties with
5a population of less than 500,000 people.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.