Illinois General Assembly - Full Text of SB2520
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Full Text of SB2520  102nd General Assembly




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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
5Section 3-9008 as follows:
6    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
7    Sec. 3-9008. Appointment of attorney to perform duties.
8    (a) (Blank).
9    (a-5) The court on its own motion, or an interested person
10in a cause or proceeding, civil or criminal, may file a
11petition alleging that the State's Attorney is sick, absent,
12or unable to fulfill his or her duties. The court shall
13consider the petition, any documents filed in response, and if
14necessary, grant a hearing to determine whether the State's
15Attorney is sick, absent, or otherwise unable to fulfill his
16or her duties. If the court finds that the State's Attorney is
17sick, absent, or otherwise unable to fulfill his or her
18duties, the court may appoint some competent attorney to
19prosecute or defend the cause or proceeding.
20    (a-10) The court on its own motion, or an interested
21person in a cause, or proceeding, or other matter, civil or
22criminal, may file a petition alleging that the State's
23Attorney has an actual conflict of interest in the cause or



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



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



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1special prosecutor.
2    (c) An order granting authority to a special prosecutor
3must be construed strictly and narrowly by the court. The
4power and authority of a special prosecutor shall not be
5expanded without prior notice to the county. In the case of the
6proposed expansion of a special prosecutor's power and
7authority, a county may provide the court with information on
8the financial impact of an expansion on the county. Prior to
9the signing of an order requiring a county to pay for
10attorney's fees or litigation expenses, the county shall be
11provided with a detailed copy of the invoice describing the
12fees, and the invoice shall include all activities performed
13in relation to the case and the amount of time spent on each
15(Source: P.A. 99-352, eff. 1-1-16.)