Bill Text: IL HB0643 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Attorney General Act. Provides that if an incident occurs between a police officer, or multiple police officers, and another person in which an apparent excessive amount of force was used and death occurred from that use of force, the matter shall be investigated by the Office of the Attorney General, in place of and instead of an investigation by the State's Attorney of the jurisdiction where the incident occurred. Provides that if, at the conclusion of the investigation, the Attorney General determines that the use of force by a peace officer comprised a criminal act, the Attorney General shall bring appropriate charges and prosecute the case on behalf of the people of the State. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0643 Detail]

Download: Illinois-2021-HB0643-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0643 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
15 ILCS 205/4 from Ch. 14, par. 4
15 ILCS 205/10 new
Amends the Attorney General Act. Provides that if an incident occurs between a police officer, or multiple police officers, and another person in which an apparent excessive amount of force was used and death occurred from that use of force, the matter shall be investigated by the Office of the Attorney General, in place of and instead of an investigation by the State's Attorney of the jurisdiction where the incident occurred. Provides that if, at the conclusion of the investigation, the Attorney General determines that the use of force by a peace officer comprised a criminal act, the Attorney General shall bring appropriate charges and prosecute the case on behalf of the people of the State. Effective immediately.
LRB102 10664 RJF 15993 b
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Attorney General Act is amended by changing
Section and by adding Section 10 as follows:
(15 ILCS 205/4) (from Ch. 14, par. 4)
Sec. 4. The duties of the Attorney General shall be: --
First - To appear for and represent the people of the State
before the supreme court in all cases in which the State or the
people of the State are interested.
Second - To institute and prosecute all actions and
proceedings in favor of or for the use of the State, which may
be necessary in the execution of the duties of any State
officer.
Third - To defend all actions and proceedings against any
State officer, in his official capacity, in any of the courts
of this State or the United States.
Fourth - To consult with and advise the several State's
Attorneys in matters relating to the duties of their office;
and when, in his judgment, the interest of the people of the
State requires it, he shall attend the trial of any party
accused of crime, and assist in the prosecution. When the
Attorney General has requested in writing that a State's

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Attorney initiate court proceedings to enforce any provisions
of the Election Code or to initiate a criminal prosecution
with respect to a violation of the Election Code, and when the
State's Attorney has declined in writing to initiate those
proceedings or prosecutions or when the State's Attorney has
neither initiated the proceedings or prosecutions nor
responded in writing to the Attorney General within 60 days of
the receipt of the request, the Attorney General may,
concurrently with or independently of the State's Attorney,
initiate such proceedings or prosecutions. The Attorney
General may investigate and prosecute any violation of the
Election Code at the request of the State Board of Elections or
a State's Attorney.
Fifth - To investigate alleged violations of the statutes
which the Attorney General has a duty to enforce and to conduct
other investigations in connection with assisting in the
prosecution of a criminal offense at the request of a State's
Attorney.
Sixth - To consult with and advise the governor and other
State officers, and give, when requested, written opinions
upon all legal or constitutional questions relating to the
duties of such officers respectively.
Seventh - To prepare, when necessary, proper drafts for
contracts and other writings relating to subjects in which the
State is interested.
Eighth - To give written opinions, when requested by

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either branch of the general assembly, or any committee
thereof, upon constitutional or legal questions.
Ninth - To enforce the proper application of funds
appropriated to the public institutions of the State,
prosecute breaches of trust in the administration of such
funds, and, when necessary, prosecute corporations for failure
or refusal to make the reports required by law.
Tenth - To keep, a register of all cases prosecuted or
defended by him, in behalf of the State or its officers, and of
all proceedings had in relation thereto, and to deliver the
same to his successor in office.
Eleventh - To keep on file in his office a copy of the
official opinions issued by the Attorney General and deliver
same to his successor.
Twelfth - To pay into the State treasury all moneys
received by him for the use of the State.
Thirteenth - To attend to and perform any other duty which
may, from time to time, be required of him by law.
Fourteenth - To attend, present evidence to and prosecute
indictments returned by each Statewide Grand Jury.
Fifteenth - To give written binding and advisory public
access opinions as provided in Section 7 of this Act.
Sixteenth - To investigate and prosecute officer-involved
deaths as provided in Section 10 of this Act.
(Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)

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(15 ILCS 205/10 new)
Sec 10. Officer-involved deaths.
(a) If an incident occurs between a police officer, or
multiple police officers, and another person in which an
apparent excessive amount of force was used and death occurred
from that use of force, the matter shall be investigated by the
Office of the Attorney General. The investigation shall be in
place of and instead of an investigation by the State's
Attorney of the jurisdiction where the incident occurred.
(b) If, at the conclusion of the investigation, the
Attorney General determines that the use of force by a peace
officer comprised a criminal act, the Attorney General shall
bring appropriate charges and prosecute the case on behalf of
the people of the State.
Section 99. Effective date. This Act takes effect upon
becoming law.