SB3460sam002 102ND GENERAL ASSEMBLY

Sen. Dave Syverson

Filed: 2/14/2022

10200SB3460sam002 LRB102 25497 AWJ 36279 a

AMENDMENT TO SENATE BILL 3460

AMENDMENT NO. ______. Amend Senate Bill 3460, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1188 as follows:

(55 ILCS 5/5-1188 new)

Sec. 5-1188. Administrative leave of a countywide elected official.

(a) If a county board member, county board chairman, State's Attorney, or other countywide elected official is criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board may vote to determine if the countywide elected official should be placed on administrative leave, with a three-fifths vote of all members, if the county board believes the official has been criminally charged with an infamous crime or of any offense involving a violation of his or her official oath. If approved by the county board, the determination to place the elected official on administrative leave shall be sent to the State's Attorney of the county or, if the determination is regarding the State's Attorney or if the State's Attorney has a conflict of interest, the county board shall petition the court for the appointment of a special State's Attorney to review the board's determination.

(b) Upon receipt of a determination from the county board under subsection (a), the State's Attorney shall review the alleged crimes to determine if the countywide elected official should be placed on administrative leave. If the State's Attorney believes the crime or crimes to be germane to the official's duties, the State's Attorney shall file a petition with the circuit court of the county for a rule to show cause why not to place the elected official on administrative leave.

Upon receipt of a determination from the county board under subsection (a) concerning the State's Attorney or if the State's Attorney has a conflict of interest, the special State's Attorney shall review the alleged crimes to determine if the State's Attorney or official should be placed on administrative leave. If the special State's Attorney believes the crime or crimes to be germane to the State's Attorney's or official's duties, the special State's Attorney shall file a petition with the circuit court of the county for a rule to show cause why not to place the elected official on administrative leave.

(c) As soon as the petition is filed with the court, the court shall issue a rule requiring the officer to show cause why he or she should not be put on administrative leave, the rule alleging in general terms the cause or causes for such leave. The rule shall be returnable in not less than 10 nor more than 30 days and shall be served upon the officer with a copy of the petition. Upon return of the rule duly executed, unless good cause is shown for a continuance or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket. If, after trial, the court determined that the officer should be placed on administrative leave, the officer shall be removed from office.

(d) If it is determined that the officer should be placed on administrative leave as provided in subsection (c), the county board shall appoint a replacement for the official while the official is on administrative leave.

(e) If it is determined that the officer should be placed on administrative leave as provided in subsection (c), the official shall continue to receive all compensation and benefits during the official's administrative leave.

(f) If a judicial proceeding under this Section is dismissed in favor of the respondent, the court, in its discretion, may require the county in which the respondent serves to pay court costs or reasonable attorney fees, or both, for the respondent.

(g) This Section applies to counties with a population of less than 500,000 people.

Section 10. The Township Code is amended by adding Section 85-70 as follows:

(60 ILCS 1/85-70 new)

Sec. 85-70. Administrative leave of a township officer.

(a) If a township officer is criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the township board may vote to determine if the township officer should be placed on administrative leave, with a three-fifths vote of all members, if the township board believes the official has been criminally charged with an infamous crime or of any offense involving a violation of his or her official oath. If approved by the township board, the determination to place the elected official on administrative leave shall be sent to the township attorney of the county.

(b) Upon receipt of a determination from the township board under subsection (a), the township attorney shall review the alleged crimes to determine if the township officer should be placed on administrative leave. If the township attorney believes the crime or crimes to be germane to the officer's duties, the township attorney shall file a petition with the circuit court of the county where the township is located in for a rule to show cause why not to place the elected official on administrative leave.

(c) As soon as the petition is filed with the court, the court shall issue a rule requiring the township officer to show cause why he or she should not be put on administrative leave, the rule alleging in general terms the cause or causes for such leave. The rule shall be returnable in not less than 10 nor more than 30 days and shall be served upon the officer with a copy of the petition. Upon return of the rule duly executed, unless good cause is shown for a continuance or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket. If, after trial, the court determined that the township officer should be placed on administrative leave, the township officer shall be removed from office.

(d) If it is determined that the township officer should be placed on administrative leave as provided in subsection (c), the township board shall appoint a replacement for the officer while the officer is on administrative leave.

(e) If it is determined that the township officer should be placed on administrative leave as provided in subsection (c), the official shall continue to receive all compensation and benefits during the official's administrative leave.

(f) If a judicial proceeding under this Section is dismissed in favor of the respondent, the court, in its discretion, may require the township in which the respondent serves to pay court costs or reasonable attorney fees, or both, for the respondent.

(g) This Section applies to townships within counties with a population of less than 500,000 people.

Section 99. Effective date. This Act takes effect upon becoming law.".