Illinois General Assembly - Full Text of HB0291
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Full Text of HB0291  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Arthur Turner


55 ILCS 5/3-9005  from Ch. 34, par. 3-9005
55 ILCS 5/3-9008  from Ch. 34, par. 3-9008

    Amend the Counties Code. Requires the State's Attorney to seek court appointment of a special prosecutor for all police officer-involved felonies. Defines "police officer-involved felony". Provides that the Illinois Supreme Court may make rules to guide courts in appointing special prosecutors for police officer-involved felonies. Effective immediately.

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1    AN ACT concerning 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 3-9005 and 3-9008 as follows:
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) Except as otherwise provided in subsection (a-5) of
10    Section 3-9008 of this Code, to To commence and prosecute
11    all actions, suits, indictments and prosecutions, civil
12    and criminal, in the circuit court for his county, in which
13    the people of the State or county may be concerned.
14        (2) To prosecute all forfeited bonds and
15    recognizances, and all actions and proceedings for the
16    recovery of debts, revenues, moneys, fines, penalties and
17    forfeitures accruing to the State or his county, or to any
18    school district or road district in his county; also, to
19    prosecute all suits in his county against railroad or
20    transportation companies, which may be prosecuted in the
21    name of the People of the State of Illinois.
22        (3) To commence and prosecute all actions and
23    proceedings brought by any county officer in his official



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



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1    reasonable.
2        (9) To pay all moneys received by him in trust, without
3    delay, to the officer who by law is entitled to the custody
4    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 him by law.
10        (12) To appear in all proceedings by collectors of
11    taxes against delinquent taxpayers for judgments to sell
12    real estate, and see that all the necessary preliminary
13    steps have been legally taken to make the judgment legal
14    and binding.
15        (13) To notify, by first-class mail, the State
16    Superintendent of Education, the applicable regional
17    superintendent of schools, and the superintendent of the
18    employing school district or the chief school
19    administrator of the employing nonpublic school, if any,
20    upon the conviction of any individual known to possess a
21    certificate or license issued pursuant to Article 21 or
22    21B, respectively, of the School Code of any offense set
23    forth in Section 21B-80 of the School Code or any other
24    felony conviction, providing the name of the certificate
25    holder, the fact of the conviction, and the name and
26    location of the court where the conviction occurred. The



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1    certificate holder must also be contemporaneously sent a
2    copy of the notice.
3    (b) The State's Attorney of each county shall have
4authority to appoint one or more special investigators to serve
5subpoenas, make return of process and conduct investigations
6which assist the State's Attorney in the performance of his
7duties. A special investigator shall not carry firearms except
8with permission of the State's Attorney and only while carrying
9appropriate identification indicating his employment and in
10the performance of his assigned duties.
11    Subject to the qualifications set forth in this subsection,
12special investigators shall be peace officers and shall have
13all the powers possessed by investigators under the State's
14Attorneys Appellate Prosecutor's Act.
15    No special investigator employed by the State's Attorney
16shall have peace officer status or exercise police powers
17unless he or she successfully completes the basic police
18training course mandated and approved by the Illinois Law
19Enforcement Training Standards Board or such board waives the
20training requirement by reason of the special investigator's
21prior law enforcement experience or training or both. Any
22State's Attorney appointing a special investigator shall
23consult with all affected local police agencies, to the extent
24consistent with the public interest, if the special
25investigator is assigned to areas within that agency's



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1    Before a person is appointed as a special investigator, his
2fingerprints shall be taken and transmitted to the Department
3of State Police. The Department shall examine its records and
4submit to the State's Attorney of the county in which the
5investigator seeks appointment any conviction information
6concerning the person on file with the Department. No person
7shall be appointed as a special investigator if he has been
8convicted of a felony or other offense involving moral
9turpitude. A special investigator shall be paid a salary and be
10reimbursed for actual expenses incurred in performing his
11assigned duties. The county board shall approve the salary and
12actual expenses and appropriate the salary and expenses in the
13manner prescribed by law or ordinance.
14    (c) The State's Attorney may request and receive from
15employers, labor unions, telephone companies, and utility
16companies location information concerning putative fathers and
17noncustodial parents for the purpose of establishing a child's
18paternity or establishing, enforcing, or modifying a child
19support obligation. In this subsection, "location information"
20means information about (i) the physical whereabouts of a
21putative father or noncustodial parent, (ii) the putative
22father or noncustodial parent's employer, or (iii) the salary,
23wages, and other compensation paid and the health insurance
24coverage provided to the putative father or noncustodial parent
25by the employer of the putative father or noncustodial parent
26or by a labor union of which the putative father or



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1noncustodial parent is a member.
2    (d) For each State fiscal year, the State's Attorney of
3Cook County shall appear before the General Assembly and
4request appropriations to be made from the Capital Litigation
5Trust Fund to the State Treasurer for the purpose of providing
6assistance in the prosecution of capital cases in Cook County
7and for the purpose of providing assistance to the State in
8post-conviction proceedings in capital cases under Article 122
9of the Code of Criminal Procedure of 1963 and in relation to
10petitions filed under Section 2-1401 of the Code of Civil
11Procedure in relation to capital cases. The State's Attorney
12may appear before the General Assembly at other times during
13the State's fiscal year to request supplemental appropriations
14from the Trust Fund to the State Treasurer.
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 17-1
18of the Criminal Code of 2012 against persons who have issued to
19the Department checks or other orders in violation of the
20provisions of paragraph (1) of subsection (B) of Section 17-1
21of the Criminal Code of 2012, with the Department to retain the
22amount owing upon the dishonored check or order along with the
23dishonored check fee imposed under the Uniform Penalty and
24Interest Act, with the balance of damages, fees, and costs
25collected under subsection (E) of Section 17-1 of the Criminal
26Code of 2012 or under Section 17-1a of that Code to be retained



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1by the State's Attorney. The agreement shall not affect the
2allocation of fines and costs imposed in any criminal
4(Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11;
597-607, eff. 8-26-11; 97-1150, eff. 1-25-13.)
6    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
7    Sec. 3-9008. Appointment of attorney to perform duties.
8    (a) Whenever the State's attorney is sick or absent, or
9unable to attend, or is interested in any cause or proceeding,
10civil or criminal, which it is or may be his duty to prosecute
11or defend, the court in which said cause or proceeding is
12pending may appoint some competent attorney to prosecute or
13defend such cause or proceeding, and the attorney so appointed
14shall have the same power and authority in relation to such
15cause or proceeding as the State's attorney would have had if
16present and attending to the same. Prior to appointing a
17private attorney under this subsection (a), the court shall
18contact public agencies, including but not limited to the
19Office of Attorney General, Office of the State's Attorneys
20Appellate Prosecutor, and local State's Attorney's Offices
21throughout the State, to determine a public prosecutor's
22availability to serve as a special prosecutor at no cost to the
24    (a-5) In the case of a police officer-involved felony, the
25State's Attorney must request the appointment of a special



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1prosecutor. For purposes of this subsection, "police
2officer-involved felony" means any felony committed by a law
3enforcement officer while the law enforcement officer is on
4duty or while the law enforcement officer is off duty but
5performing activities that are within the scope of his or her
6law enforcement duties.
7    (b) In case of a vacancy of more than one year occurring in
8any county in the office of State's attorney, by death,
9resignation or otherwise, and it becomes necessary for the
10transaction of the public business, that some competent
11attorney act as State's attorney in and for such county during
12the period between the time of the occurrence of such vacancy
13and the election and qualification of a State's attorney, as
14provided by law, the vacancy shall be filled upon the written
15request of a majority of the circuit judges of the circuit in
16which is located the county where such vacancy exists, by
17appointment as provided in The Election Code of some competent
18attorney to perform and discharge all the duties of a State's
19attorney in the said county, such appointment and all authority
20thereunder to cease upon the election and qualification of a
21State's attorney, as provided by law. Any attorney appointed
22for any reason under this Section shall possess all the powers
23and discharge all the duties of a regularly elected State's
24attorney under the laws of the State to the extent necessary to
25fulfill the purpose of such appointment, and shall be paid by
26the county he serves not to exceed in any one period of 12



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1months, for the reasonable amount of time actually expended in
2carrying out the purpose of such appointment, the same
3compensation as provided by law for the State's attorney of the
4county, apportioned, in the case of lesser amounts of
5compensation, as to the time of service reasonably and actually
6expended. The county shall participate in all agreements on the
7rate of compensation of a special prosecutor.
8    (c) An order granting authority to a special prosecutor
9must be construed strictly and narrowly by the court. The power
10and authority of a special prosecutor shall not be expanded
11without prior notice to the county. In the case of the proposed
12expansion of a special prosecutor's power and authority, a
13county may provide the court with information on the financial
14impact of an expansion on the county. Prior to the signing of
15an order requiring a county to pay for attorney's fees or
16litigation expenses, the county shall be provided with a
17detailed copy of the invoice describing the fees, and the
18invoice shall include all activities performed in relation to
19the case and the amount of time spent on each activity.
20    (d) The Supreme Court may adopt such rules as it may deem
21necessary and expedient to guide the court in appointing a
22special prosecutor under subsection (a-5) of this Section.
23(Source: P.A. 97-982, eff. 8-17-12.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.