Bill Text: IL SB1843 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Counties Code. Provides that a court considering the petition of an interested person to appoint a special prosecutor shall presume, without demonstration from the petitioner, a conflict of interest on behalf of any State's Attorney not exclusively assigned to cases in which the defendant or defendants are members of any law enforcement agency when the underlying charges concern misconduct allegedly committed by the officer during the performance of official duties, while in uniform, while on duty, or after announcing his or her status as a law enforcement officer. Effective immediately.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0319 [SB1843 Detail]

Download: Illinois-2017-SB1843-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1843 Introduced 2/9/2017, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-9008 from Ch. 34, par. 3-9008
Amends the Counties Code. Provides that a court considering the petition of an interested person to appoint a special prosecutor shall presume, without demonstration from the petitioner, a conflict of interest on behalf of any State's Attorney not exclusively assigned to cases in which the defendant or defendants are members of any law enforcement agency, when the underlying charges concern misconduct allegedly committed by the officer during the performance of official duties, while in uniform, while on duty, or after announcing his or her status as a law enforcement officer. Effective immediately.
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A BILL FOR
SB1843 LRB100 09946 AWJ 20117 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, civil or criminal, may file a
petition alleging that the State's Attorney has an actual
conflict of interest in the cause or proceeding. The court

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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. 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.
(a-12) A court considering the petition of an interested
person to appoint a special prosecutor as prescribed under this
Section shall presume, without demonstration from the
petitioner, a conflict of interest on behalf of any State's
Attorney not exclusively assigned to cases in which the
defendant or defendants are members of any law enforcement
agency, when the underlying charges concern misconduct
allegedly committed by the officer during the performance of
official duties, while in uniform, while on duty, or after
announcing his or her status as a law enforcement officer.
(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

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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

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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.)
Section 99. Effective date. This Act takes effect upon
becoming law.