Bill Text: IL HB4749 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Counties Code. Makes a technical change in a Section concerning reporting of information in counties of greater than 300,000 but less than 2,000,000.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0982 [HB4749 Detail]
Download: Illinois-2011-HB4749-Chaptered.html
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| Public Act 097-0982 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
3-9008 as follows:
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(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
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Sec. 3-9008. Appointment of attorney to perform duties. | ||||
(a) Whenever the State's attorney is sick or
absent, or | ||||
unable to attend, or is interested in any cause or
proceeding, | ||||
civil or criminal, which it is or may be his duty to
prosecute | ||||
or defend, the court in which said cause or proceeding is
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pending may appoint some competent attorney to prosecute or | ||||
defend such
cause or proceeding, and the attorney so appointed | ||||
shall have the same
power and authority in relation to such | ||||
cause or proceeding as the State's
attorney would have had if | ||||
present and
attending to the same. Prior to appointing a | ||||
private attorney under this subsection (a), the court shall | ||||
contact public agencies, including but not limited to the | ||||
Office of Attorney General, Office of the State's Attorneys | ||||
Appellate Prosecutor, and 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 | ||||
(b) In in case of a vacancy of more than one year
occurring | ||
in any county in the office of State's attorney, by death,
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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.
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(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. 86-962.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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