HB5534 103RD GENERAL ASSEMBLY

LRB103 37802 AWJ 67932 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5534

Introduced 2/9/2024, by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-9008.5 new

Amends the Counties Code. Provides that a State's Attorney may not represent the State in the charging and prosecution of law enforcement officer-involved shootings within the county in which the State's Attorney serves. Provides that the court, on its own motion, shall file a petition alleging that the State's Attorney has an actual conflict of interest in the proceeding and shall appoint a special prosecutor as provided in this Section. Provides that the court shall attempt to appoint a public prosecutor from a public agency, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or another State's Attorney's office throughout the State. Includes provisions about the appointment of the special prosecutor and the special prosecutor's authority and fees.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 3-9008.5 as follows:

(55 ILCS 5/3-9008.5 new)

Sec. 3-9008.5. Prosecutions of law enforcement officer-involved shootings.

(a) A State's Attorney may not represent the State in the charging and prosecution of law enforcement officer-involved shootings within the county in which the State's Attorney serves. The court, on its own motion, shall file a petition alleging that the State's Attorney has an actual conflict of interest in the proceeding and shall appoint a special prosecutor as provided in this Section.

(b) Prior to appointing a private attorney under this Section, the court shall contact public agencies, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or another State's Attorney's office throughout the State, to determine if a public prosecutor is available to serve as a special prosecutor at no cost to the county. If a public prosecutor is available, the court shall appoint the public prosecutor if the individual is able and willing to accept the appointment as special prosecutor. An attorney appointed under this subsection shall have the same power and authority in relation to the cause or proceeding as the State's Attorney would have if present and attending to the cause or proceeding.

(c) An order granting authority to a special prosecutor must be construed strictly and narrowly by the court. The power and authority of a special prosecutor shall not be expanded without prior notice to the county. In the case of the proposed expansion of a special prosecutor's power and authority, a county may provide the court with information on the financial impact of an expansion on the county. Prior to the signing of an order requiring a county to pay for attorney's fees or litigation expenses, the county shall be provided with a detailed copy of the invoice describing the fees, and the invoice shall include all activities performed in relation to the case and the amount of time spent on each activity.