Bill Text: IL HB4528 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State's Attorney Division of the Counties Code. Provides that, in a county with less than 2,000,000 inhabitants, the State's Attorney may give an opinion, without fee or reward, upon any question of law relating to a County Veterans Assistance Commission. Provides that a County Veterans Assistance Commission may make such a request of the State's Attorney, and the State's Attorney, in the State's Attorney's sole discretion, may grant or decline such a request by a County Veterans Assistance Commission. Makes all provisions of the Division gender neutral. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4528 Detail]

Download: Illinois-2019-HB4528-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4528

Introduced , by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-9001 from Ch. 34, par. 3-9001
55 ILCS 5/3-9002 from Ch. 34, par. 3-9002
55 ILCS 5/3-9004 from Ch. 34, par. 3-9004
55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
55 ILCS 5/3-9006 from Ch. 34, par. 3-9006
55 ILCS 5/3-9008 from Ch. 34, par. 3-9008
55 ILCS 5/3-9009 from Ch. 34, par. 3-9009
55 ILCS 5/3-9012 from Ch. 34, par. 3-9012

Amends the State's Attorney Division of the Counties Code. Provides that, in a county with less than 2,000,000 inhabitants, the State's Attorney may give an opinion, without fee or reward, upon any question of law relating to a County Veterans Assistance Commission. Provides that a County Veterans Assistance Commission may make such a request of the State's Attorney, and the State's Attorney, in the State's Attorney's sole discretion, may grant or decline such a request by a County Veterans Assistance Commission. Makes all provisions of the Division gender neutral. Effective immediately.
LRB101 15668 AWJ 65017 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4528LRB101 15668 AWJ 65017 b
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
5Sections 3-9001, 3-9002, 3-9004, 3-9005, 3-9006, 3-9008,
63-9009, and 3-9012 as follows:
7 (55 ILCS 5/3-9001) (from Ch. 34, par. 3-9001)
8 Sec. 3-9001. Oath; bond. Before entering upon the
9respective duties of their office, the state's attorneys shall
10each be commissioned by the governor, and shall take the
11following oath or affirmation:
12 I do solemnly swear (or affirm, as the case may be), that I
13will support the constitution of the United States and the
14constitution of the state of Illinois, and that I will
15faithfully discharge the duties of the office of state's
16attorney according to the best of my ability.
17 Each State's attorney shall also execute a bond, to the
18People of the State of Illinois, (or, if the county is
19self-insured, the county through its self-insurance program
20may provide bonding) with good and sufficient securities in the
21penal sum of $5,000, to be approved by the circuit court for
22the his respective county, which approval shall be indorsed
23upon the bond. The bond, with the approval thereof indorsed,

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1shall be entered of record in the circuit court, and then
2forwarded by the county clerk to the secretary of state, to be
3filed in the Secretary of State's his office. Each of the bonds
4shall be conditioned upon the faithful discharge of the duties
5of the office, and the paying over all moneys as provided by
6law, which bond shall run to and be for the benefit of the
7state, county, corporation or person injured by a breach of any
8of the conditions thereof.
9(Source: P.A. 88-387.)
10 (55 ILCS 5/3-9002) (from Ch. 34, par. 3-9002)
11 Sec. 3-9002. Commencement of duties. The State's attorney
12shall enter upon the duties of the his office on the first day
13in the month of December following the his election of the
14State's Attorney on which the State's attorney's office is
15required, by statute or by action of the county board, to be
16open.
17(Source: P.A. 86-962.)
18 (55 ILCS 5/3-9004) (from Ch. 34, par. 3-9004)
19 Sec. 3-9004. Failure to give bond or take oath. If any
20person elected to the office of State's attorney shall fail to
21give bond, or take the oath required of the State's Attorney
22him, within twenty days after the person he is declared
23elected, the office shall be deemed vacant, and if, being
24required to give additional bond, as provided in Section 3-9003

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1hereof, the person he fails to do so within twenty days after
2notice of such requirements, the State's Attorney his office
3may, in the discretion of the governor, be declared vacant and
4filled as provided by law.
5(Source: P.A. 86-962.)
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) To commence and prosecute all actions, suits,
10 indictments and prosecutions, civil and criminal, in the
11 circuit court for the his county, in which the people of
12 the State or county may be concerned.
13 (2) To prosecute all forfeited bonds and
14 recognizances, and all actions and proceedings for the
15 recovery of debts, revenues, moneys, fines, penalties and
16 forfeitures accruing to the State or the his county, or to
17 any school district or road district in the his county;
18 also, to prosecute all suits in the his county against
19 railroad or transportation companies, which may be
20 prosecuted in the name of the People of the State of
21 Illinois.
22 (3) To commence and prosecute all actions and
23 proceedings brought by any county officer in the State's
24 Attorney's his official capacity.
25 (4) To defend all actions and proceedings brought

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

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1 (9) To pay all moneys received by the State's Attorney
2 him in trust, without delay, to the officer who by law is
3 entitled to the custody thereof.
4 (10) To notify, by first class mail, complaining
5 witnesses of the ultimate disposition of the cases arising
6 from an indictment or an information.
7 (11) To perform such other and further duties as may,
8 from time to time, be enjoined on the State's Attorney him
9 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 and summonses, make return of process, and conduct
6investigations which assist the State's Attorney in the
7performance of the State's Attorney his duties. In counties of
8the first and second class, the fees for service of subpoenas
9and summonses are allowed by this Section and shall be
10consistent with those set forth in Section 4-5001 of this Act,
11except when increased by county ordinance as provided for in
12Section 4-5001. In counties of the third class, the fees for
13service of subpoenas and summonses are allowed by this Section
14and shall be consistent with those set forth in Section 4-12001
15of this Act. A special investigator shall not carry firearms
16except with permission of the State's Attorney and only while
17carrying appropriate identification indicating the special
18investigator's his employment and in the performance of the
19special investigator's his assigned duties.
20 Subject to the qualifications set forth in this subsection,
21special investigators shall be peace officers and shall have
22all the powers possessed by investigators under the State's
23Attorneys Appellate Prosecutor's Act.
24 No special investigator employed by the State's Attorney
25shall have peace officer status or exercise police powers
26unless the special investigator he or she successfully

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1completes the basic police training course mandated and
2approved by the Illinois Law Enforcement Training Standards
3Board or such board waives the training requirement by reason
4of the special investigator's prior law enforcement experience
5or training or both. Any State's Attorney appointing a special
6investigator shall consult with all affected local police
7agencies, to the extent consistent with the public interest, if
8the special investigator is assigned to areas within that
9agency's jurisdiction.
10 Before a person is appointed as a special investigator, the
11person's his fingerprints shall be taken and transmitted to the
12Department of State Police. The Department shall examine its
13records and submit to the State's Attorney of the county in
14which the investigator seeks appointment any conviction
15information concerning the person on file with the Department.
16No person shall be appointed as a special investigator if the
17person he has been convicted of a felony or other offense
18involving moral turpitude. A special investigator shall be paid
19a salary and be reimbursed for actual expenses incurred in
20performing the special investigator's his assigned duties. The
21county board shall approve the salary and actual expenses and
22appropriate the salary and expenses in the manner prescribed by
23law or ordinance.
24 (c) The State's Attorney may request and receive from
25employers, labor unions, telephone companies, and utility
26companies location information concerning putative fathers and

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1noncustodial parents for the purpose of establishing a child's
2paternity or establishing, enforcing, or modifying a child
3support obligation. In this subsection, "location information"
4means information about (i) the physical whereabouts of a
5putative father or noncustodial parent, (ii) the putative
6father or noncustodial parent's employer, or (iii) the salary,
7wages, and other compensation paid and the health insurance
8coverage provided to the putative father or noncustodial parent
9by the employer of the putative father or noncustodial parent
10or by a labor union of which the putative father or
11noncustodial parent is a member.
12 (d) (Blank).
13 (e) The State's Attorney shall have the authority to enter
14into a written agreement with the Department of Revenue for
15pursuit of civil liability under subsection (E) of Section 17-1
16of the Criminal Code of 2012 against persons who have issued to
17the Department checks or other orders in violation of the
18provisions of paragraph (1) of subsection (B) of Section 17-1
19of the Criminal Code of 2012, with the Department to retain the
20amount owing upon the dishonored check or order along with the
21dishonored check fee imposed under the Uniform Penalty and
22Interest Act, with the balance of damages, fees, and costs
23collected under subsection (E) of Section 17-1 of the Criminal
24Code of 2012 or under Section 17-1a of that Code to be retained
25by the State's Attorney. The agreement shall not affect the
26allocation of fines and costs imposed in any criminal

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1prosecution.
2 (f) In a county with less than 2,000,000 inhabitants, the
3State's Attorney may give an opinion, without fee or reward,
4upon any question of law relating to a County Veterans
5Assistance Commission. A County Veterans Assistance Commission
6may make such a request of the State's Attorney, and the
7State's Attorney, in the State's Attorney's sole discretion,
8may grant or decline such a request by a County Veterans
9Assistance Commission.
10(Source: P.A. 101-275, eff. 8-9-19.)
11 (55 ILCS 5/3-9006) (from Ch. 34, par. 3-9006)
12 Sec. 3-9006. Internal operations of office; simultaneous
13county board tenure.
14 (a) Internal operations of the office. The State's Attorney
15shall control the internal operations of the State's Attorney's
16his or her office and procure the necessary equipment,
17materials, and services to perform the duties of that office.
18 (b) Simultaneous county board tenure. A duly appointed
19Assistant State's Attorney may serve as an Assistant State's
20Attorney and, simultaneously, serve as a county board member
21for a county located outside of the jurisdiction of the State's
22Attorney Office that the Assistant State's Attorney he or she
23serves. An Assistant State's Attorney serving as a county board
24member is subject to any internal mechanisms established by the
25State's Attorney to avoid conflicts of interest in the

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1performance of the individual's his or her duties as an
2Assistant State's Attorney.
3(Source: P.A. 95-1014, eff. 12-15-08.)
4 (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
5 Sec. 3-9008. Appointment of attorney to perform duties.
6 (a) (Blank).
7 (a-5) The court on its own motion, or an interested person
8in a cause or proceeding, civil or criminal, may file a
9petition alleging that the State's Attorney is sick, absent, or
10unable to fulfill the State's Attorney's his or her duties. The
11court shall consider the petition, any documents filed in
12response, and if necessary, grant a hearing to determine
13whether the State's Attorney is sick, absent, or otherwise
14unable to fulfill the State's Attorney's his or her duties. If
15the court finds that the State's Attorney is sick, absent, or
16otherwise unable to fulfill the State's Attorney's his or her
17duties, the court may appoint some competent attorney to
18prosecute or defend the cause or proceeding.
19 (a-10) The court on its own motion, or an interested person
20in a cause or proceeding, civil or criminal, may file a
21petition alleging that the State's Attorney has an actual
22conflict of interest in the cause or proceeding. The court
23shall consider the petition, any documents filed in response,
24and if necessary, grant a hearing to determine whether the
25State's Attorney has an actual conflict of interest in the

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

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

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1and authority of a special prosecutor shall not be expanded
2without prior notice to the county. In the case of the proposed
3expansion of a special prosecutor's power and authority, a
4county may provide the court with information on the financial
5impact of an expansion on the county. Prior to the signing of
6an order requiring a county to pay for attorney's fees or
7litigation expenses, the county shall be provided with a
8detailed copy of the invoice describing the fees, and the
9invoice shall include all activities performed in relation to
10the case and the amount of time spent on each activity.
11(Source: P.A. 99-352, eff. 1-1-16.)
12 (55 ILCS 5/3-9009) (from Ch. 34, par. 3-9009)
13 Sec. 3-9009. Private fee and employment prohibited. The
14State's attorney shall not receive any fee or reward from or in
15behalf of any private person for any services within the
16State's Attorney's his official duties and shall not be
17retained or employed, except for the public, in a civil case
18depending upon the same state of facts on which a criminal
19prosecution shall depend.
20(Source: P.A. 86-962.)
21 (55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)
22 Sec. 3-9012. Compensation. A State's attorney who serves 2
23or more counties shall receive such compensation from the State
24Treasury as is provided by law for the State's attorney of a

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1single county. The State's Attorney He shall be paid by the
2counties such compensation as may be agreed upon by the county
3boards within the salary range prescribed by law applicable to
4a single county with a population equal to the combined
5population of the counties the State's Attorney he serves.
6Unless the county boards agree upon a lesser amount, the
7State's Attorney he shall be paid the highest permissible
8salary within such range. The amount to be paid by the counties
9shall be apportioned among them on the basis of their
10population. Seventy-five percent (75%) of the amount provided
11by law to be paid from the State treasury for the services of
12the State's attorney in the case of a single county is payable
13to each of the counties served by the same State's attorney,
14except that the amounts paid to those counties under this
15Section in any year may not exceed, in the aggregate, the
16annual salary paid to that State's attorney from both county
17and State funds, in which case reduction of the State's
18contribution to each county shall be reduced proportionately
19according to population of each participating county.
20(Source: P.A. 86-962.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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