Bill Amendment: IL SB3460 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL OFFICIALS-ADMIN LEAVE
Status: 2022-03-31 - Added Alternate Co-Sponsor Rep. Tony McCombie [SB3460 Detail]
Download: Illinois-2021-SB3460-Senate_Amendment_001.html
Bill Title: LOCAL OFFICIALS-ADMIN LEAVE
Status: 2022-03-31 - Added Alternate Co-Sponsor Rep. Tony McCombie [SB3460 Detail]
Download: Illinois-2021-SB3460-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3460
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2 | AMENDMENT NO. ______. Amend Senate Bill 3460 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Counties Code is amended by adding Section | ||||||
5 | 5-1188 as follows:
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6 | (55 ILCS 5/5-1188 new) | ||||||
7 | Sec. 5-1188. Administrative leave of a countywide elected | ||||||
8 | official. | ||||||
9 | (a) If a county board member, county board chairman, | ||||||
10 | State's Attorney, or other countywide elected official is | ||||||
11 | criminally charged with an infamous crime or of any offense | ||||||
12 | involving a violation of his or her official oath, the county | ||||||
13 | board may vote to determine if the countywide elected official | ||||||
14 | should be placed on administrative leave, with a three-fifths | ||||||
15 | vote of all members, if the county board believes the official | ||||||
16 | has been criminally charged with an infamous crime or of any |
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1 | offense involving a violation of his or her official oath. If | ||||||
2 | approved by the county board, the determination to place the | ||||||
3 | elected official on administrative leave shall be sent to the | ||||||
4 | State's Attorney of the county or, if the determination is | ||||||
5 | regarding the State's Attorney, the county board shall | ||||||
6 | petition the court for the appointment of a special State's | ||||||
7 | Attorney to review the board's determination. | ||||||
8 | (b) Upon receipt of a determination from the county board | ||||||
9 | under subsection (a), the State's Attorney shall review the | ||||||
10 | alleged crimes to determine if the countywide elected official | ||||||
11 | should be placed on administrative leave. If the State's | ||||||
12 | Attorney believes the crime or crimes to be germane to the | ||||||
13 | official's duties, the State's Attorney shall file a petition | ||||||
14 | with the circuit court of the county for a rule to show cause | ||||||
15 | why not to place the elected official on administrative leave. | ||||||
16 | Upon receipt of a determination from the county board | ||||||
17 | under subsection (a) concerning the State's Attorney, the | ||||||
18 | special State's Attorney shall review the alleged crimes to | ||||||
19 | determine if the State's Attorney should be placed on | ||||||
20 | administrative leave. If the special State's Attorney believes | ||||||
21 | the crime or crimes to be germane to the State's Attorney's | ||||||
22 | duties, the special State's Attorney shall file a petition | ||||||
23 | with the circuit court of the county for a rule to show cause | ||||||
24 | why not to place the elected official on administrative leave. | ||||||
25 | (c) As soon as the petition is filed with the court, the | ||||||
26 | court shall issue a rule requiring the officer to show cause |
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1 | why he or she should not be put on administrative leave, the | ||||||
2 | rule alleging in general terms the cause or causes for such | ||||||
3 | leave. The rule shall be returnable in not less than 10 nor | ||||||
4 | more than 30 days and shall be served upon the officer with a | ||||||
5 | copy of the petition. Upon return of the rule duly executed, | ||||||
6 | unless good cause is shown for a continuance or postponement | ||||||
7 | to a later day in the term, the case shall be tried on the day | ||||||
8 | named in the rule and take precedence over all other cases on | ||||||
9 | the docket. If, after trial, the court determined that the | ||||||
10 | officer should be placed on administrative leave, the officer | ||||||
11 | shall be removed from office. | ||||||
12 | (d) If it is determined that the officer should be placed | ||||||
13 | on administrative leave as provided in subsection (c), the | ||||||
14 | county board shall appoint a replacement for the official | ||||||
15 | while the official is on administrative leave. | ||||||
16 | (e) If it is determined that the officer should be placed | ||||||
17 | on administrative leave as provided in subsection (c), the | ||||||
18 | official shall continue to receive all compensation and | ||||||
19 | benefits during the official's administrative leave. | ||||||
20 | (f) If a judicial proceeding under this Section is | ||||||
21 | dismissed in favor of the respondent, the court, in its | ||||||
22 | discretion, may require the county in which the respondent | ||||||
23 | serves to pay court costs or reasonable attorney fees, or | ||||||
24 | both, for the respondent.
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25 | Section 10. The Township Code is amended by adding Section |
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1 | 85-70 as follows:
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2 | (60 ILCS 1/85-70 new) | ||||||
3 | Sec. 85-70. Administrative leave of a township officer. | ||||||
4 | (a) If a township officer is criminally charged with an | ||||||
5 | infamous crime or of any offense involving a violation of his | ||||||
6 | or her official oath, the township board may vote to determine | ||||||
7 | if the township officer should be placed on administrative | ||||||
8 | leave, with a three-fifths vote of all members, if the | ||||||
9 | township board believes the official has been criminally | ||||||
10 | charged with an infamous crime or of any offense involving a | ||||||
11 | violation of his or her official oath. If approved by the | ||||||
12 | township board, the determination to place the elected | ||||||
13 | official on administrative leave shall be sent to the township | ||||||
14 | attorney of the county. | ||||||
15 | (b) Upon receipt of a determination from the township | ||||||
16 | board under subsection (a), the township attorney shall review | ||||||
17 | the alleged crimes to determine if the township officer should | ||||||
18 | be placed on administrative leave. If the township attorney | ||||||
19 | believes the crime or crimes to be germane to the officer's | ||||||
20 | duties, the township attorney shall file a petition with the | ||||||
21 | circuit court of the county where the township is located in | ||||||
22 | for a rule to show cause why not to place the elected official | ||||||
23 | on administrative leave. | ||||||
24 | (c) As soon as the petition is filed with the court, the | ||||||
25 | court shall issue a rule requiring the township officer to |
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1 | show cause why he or she should not be put on administrative | ||||||
2 | leave, the rule alleging in general terms the cause or causes | ||||||
3 | for such leave. The rule shall be returnable in not less than | ||||||
4 | 10 nor more than 30 days and shall be served upon the officer | ||||||
5 | with a copy of the petition. Upon return of the rule duly | ||||||
6 | executed, unless good cause is shown for a continuance or | ||||||
7 | postponement to a later day in the term, the case shall be | ||||||
8 | tried on the day named in the rule and take precedence over all | ||||||
9 | other cases on the docket. If, after trial, the court | ||||||
10 | determined that the township officer should be placed on | ||||||
11 | administrative leave, the township officer shall be removed | ||||||
12 | from office. | ||||||
13 | (d) If it is determined that the township officer should | ||||||
14 | be placed on administrative leave as provided in subsection | ||||||
15 | (c), the township board shall appoint a replacement for the | ||||||
16 | officer while the officer is on administrative leave. | ||||||
17 | (e) If it is determined that the township officer should | ||||||
18 | be placed on administrative leave as provided in subsection | ||||||
19 | (c), the official shall continue to receive all compensation | ||||||
20 | and benefits during the official's administrative leave. | ||||||
21 | (f) If a judicial proceeding under this Section is | ||||||
22 | dismissed in favor of the respondent, the court, in its | ||||||
23 | discretion, may require the township in which the respondent | ||||||
24 | serves to pay court costs or reasonable attorney fees, or | ||||||
25 | both, for the respondent.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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