Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0657


 

Public Act 0657 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0657
 
SB2520 EnrolledLRB102 16523 AWJ 21917 b

    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 changing
Section 3-9008 as follows:
 
    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
    Sec. 3-9008. Appointment of attorney to perform duties.
    (a) (Blank).
    (a-5) The court on its own motion, or an interested person
in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney is sick, absent,
or unable to fulfill his or her duties. The court shall
consider the petition, any documents filed in response, and if
necessary, grant a hearing to determine whether the State's
Attorney is sick, absent, or otherwise unable to fulfill his
or her duties. If the court finds that the State's Attorney is
sick, absent, or otherwise unable to fulfill his or her
duties, the court may appoint some competent attorney to
prosecute or defend the cause or proceeding.
    (a-10) The court on its own motion, or an interested
person in a cause, or proceeding, or other matter arising
under the State's Attorney's duties, civil or criminal, may
file a petition alleging that the State's Attorney has an
actual conflict of interest in the cause, or proceeding, or
other matter. The court shall consider the petition, any
documents filed in response, and if necessary, grant a hearing
to determine whether the State's Attorney has an actual
conflict of interest in the cause, or proceeding, or other
matter. If the court finds that the petitioner has proven by
sufficient facts and evidence that the State's Attorney has an
actual conflict of interest in a specific case, the court may
appoint some competent attorney to prosecute or defend the
cause, or proceeding, or other matter.
    (a-15) Notwithstanding subsections (a-5) and (a-10) of
this Section, the State's Attorney may file a petition to
recuse himself or herself from a cause or proceeding for any
other reason he or she deems appropriate and the court shall
appoint a special prosecutor as provided in this Section.
    (a-20) 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 local State's
Attorney's Offices throughout the State, to determine a public
prosecutor's availability to serve as a special prosecutor at
no cost to the county and shall appoint a public agency if they
are able and willing to accept the appointment. An attorney so
appointed 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 proceedings.
    (b) In case of a vacancy of more than one year occurring in
any county in the office of State's attorney, by death,
resignation or otherwise, and it becomes necessary for the
transaction of the public business, that some competent
attorney act as State's attorney in and for such county during
the period between the time of the occurrence of such vacancy
and the election and qualification of a State's attorney, as
provided by law, the vacancy shall be filled upon the written
request of a majority of the circuit judges of the circuit in
which is located the county where such vacancy exists, by
appointment as provided in The Election Code of some competent
attorney to perform and discharge all the duties of a State's
attorney in the said county, such appointment and all
authority thereunder to cease upon the election and
qualification of a State's attorney, as provided by law. Any
attorney appointed for any reason under this Section shall
possess all the powers and discharge all the duties of a
regularly elected State's attorney under the laws of the State
to the extent necessary to fulfill the purpose of such
appointment, and shall be paid by the county he serves not to
exceed in any one period of 12 months, for the reasonable
amount of time actually expended in carrying out the purpose
of such appointment, the same compensation as provided by law
for the State's attorney of the county, apportioned, in the
case of lesser amounts of compensation, as to the time of
service reasonably and actually expended. The county shall
participate in all agreements on the rate of compensation of a
special prosecutor.
    (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.
(Source: P.A. 99-352, eff. 1-1-16.)

Effective Date: 1/1/2022