Bill Text: IL SB3460 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Reinserts the provisions of the Senate Amendment No. 1 with the following changes: Provides that the county board shall petition the court for the appointment of a special State's Attorney to review the board's determination if the determination is relating to the State's Attorney or if the State's Attorney has a conflict of interest (rather than only if relating to the State's Attorney). Makes conforming changes. Limits the provisions to counties that have a population of less than 500,000 people and townships within counties that have a population of less than 500,000 people. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Engrossed - Dead) 2022-03-31 - Added Alternate Co-Sponsor Rep. Tony McCombie [SB3460 Detail]
Download: Illinois-2021-SB3460-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 any felony in | ||||||
12 | violation of his or her official oath, the county board may | ||||||
13 | vote to determine if the countywide elected official should be | ||||||
14 | placed on administrative leave, with a three-fifths vote of | ||||||
15 | all members, if the county board believes the official has | ||||||
16 | been criminally charged with an infamous crime or any felony | ||||||
17 | in violation of his or her official oath. If approved by the | ||||||
18 | county board, the determination to place the elected official | ||||||
19 | on administrative leave shall be sent to the State's Attorney | ||||||
20 | of the county or, if the determination is regarding the | ||||||
21 | State's Attorney or if the State's Attorney has a conflict of | ||||||
22 | interest, the county board shall petition the court for the | ||||||
23 | appointment of a special State's Attorney to review the |
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1 | board's determination. | ||||||
2 | (b) Upon receipt of a determination from the county board | ||||||
3 | under subsection (a), the State's Attorney shall review the | ||||||
4 | alleged crimes to determine if the countywide elected official | ||||||
5 | should be placed on administrative leave. If the State's | ||||||
6 | Attorney believes the crime or crimes to be germane to the | ||||||
7 | official's duties, the State's Attorney shall file a petition | ||||||
8 | with the circuit court of the county for a rule to show cause | ||||||
9 | why the elected official should not be placed on | ||||||
10 | administrative leave. | ||||||
11 | Upon receipt of a determination from the county board | ||||||
12 | under subsection (a) concerning the State's Attorney or, | ||||||
13 | if the State's Attorney has a conflict of interest, the | ||||||
14 | special State's Attorney shall review the alleged crimes | ||||||
15 | to determine if the State's Attorney or official should be | ||||||
16 | placed on administrative leave. If the special State's | ||||||
17 | Attorney believes the crime or crimes to be germane to the | ||||||
18 | State's Attorney's or official's duties, the special | ||||||
19 | State's Attorney shall file a petition with the circuit | ||||||
20 | court of the county for a rule to show cause why the | ||||||
21 | elected official should not be placed on administrative | ||||||
22 | leave. | ||||||
23 | (c) As soon as the petition is filed with the court, the | ||||||
24 | court shall issue a rule requiring the officer to show cause | ||||||
25 | why he or she should not be put on administrative leave, the | ||||||
26 | rule alleging in general terms the cause or causes for such |
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1 | leave. The rule shall be returnable in not less than 10 nor | ||||||
2 | more than 30 days and shall be served upon the officer with a | ||||||
3 | copy of the petition. Upon return of the rule duly executed, | ||||||
4 | unless good cause is shown for a continuance or postponement | ||||||
5 | to a later day in the term, the case shall be tried on the day | ||||||
6 | named in the rule and take precedence over all other cases on | ||||||
7 | the docket. If, after trial, the court determined that the | ||||||
8 | officer should be placed on administrative leave, the officer | ||||||
9 | shall be removed from office and shall be barred from county | ||||||
10 | property and performing the official's duties until the case | ||||||
11 | is closed and the county board determines the conflict is | ||||||
12 | resolved. | ||||||
13 | (d) If it is determined that the officer should be placed | ||||||
14 | on administrative leave as provided in subsection (c), the | ||||||
15 | county board shall appoint a replacement for the official | ||||||
16 | while the official is on administrative leave. | ||||||
17 | (e) If it is determined that the officer should be placed | ||||||
18 | on administrative leave as provided in subsection (c), the | ||||||
19 | official shall continue to receive all compensation and | ||||||
20 | 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 county in which the respondent | ||||||
24 | serves to pay court costs or reasonable attorney fees, or | ||||||
25 | both, for the respondent. | ||||||
26 | (g) This Section applies to counties with a population of |
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1 | less than 500,000 people.
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2 | Section 10. The Township Code is amended by adding Section | ||||||
3 | 85-70 as follows:
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4 | (60 ILCS 1/85-70 new) | ||||||
5 | Sec. 85-70. Administrative leave of a township officer. | ||||||
6 | (a) If a township officer is criminally charged with an | ||||||
7 | infamous crime or any felony in violation of his or her | ||||||
8 | official oath, the township board may vote to determine if the | ||||||
9 | township officer should be placed on administrative leave, | ||||||
10 | with a three-fifths vote of all members, if the township board | ||||||
11 | believes the official has been criminally charged with an | ||||||
12 | infamous crime or any felony in violation of his or her | ||||||
13 | official oath. If approved by the township board, the | ||||||
14 | determination to place the elected official on administrative | ||||||
15 | leave shall be sent to the township attorney of the county. | ||||||
16 | (b) Upon receipt of a determination from the township | ||||||
17 | board under subsection (a), the township attorney shall review | ||||||
18 | the alleged crimes to determine if the township officer should | ||||||
19 | be placed on administrative leave. If the township attorney | ||||||
20 | believes the crime or crimes to be germane to the officer's | ||||||
21 | duties, the township attorney shall file a petition with the | ||||||
22 | circuit court of the county where the township is located in | ||||||
23 | for a rule to show cause why the elected official should not be | ||||||
24 | placed on administrative leave. |
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1 | (c) As soon as the petition is filed with the court, the | ||||||
2 | court shall issue a rule requiring the township officer to | ||||||
3 | show cause why he or she should not be put on administrative | ||||||
4 | leave, the rule alleging in general terms the cause or causes | ||||||
5 | for such leave. The rule shall be returnable in not less than | ||||||
6 | 10 nor more than 30 days and shall be served upon the officer | ||||||
7 | with a copy of the petition. Upon return of the rule duly | ||||||
8 | executed, unless good cause is shown for a continuance or | ||||||
9 | postponement to a later day in the term, the case shall be | ||||||
10 | tried on the day named in the rule and take precedence over all | ||||||
11 | other cases on the docket. If, after trial, the court | ||||||
12 | determined that the township officer should be placed on | ||||||
13 | administrative leave, the township officer shall be removed | ||||||
14 | from office and shall be barred from township property and | ||||||
15 | performing the official's duties until the case is closed and | ||||||
16 | the township board determines the conflict is resolved. | ||||||
17 | (d) If it is determined that the township officer should | ||||||
18 | be placed on administrative leave as provided in subsection | ||||||
19 | (c), the township board shall appoint a replacement for the | ||||||
20 | officer while the officer is on administrative leave. | ||||||
21 | (e) If it is determined that the township officer should | ||||||
22 | be placed on administrative leave as provided in subsection | ||||||
23 | (c), the official shall continue to receive all compensation | ||||||
24 | and benefits during the official's administrative leave. | ||||||
25 | (f) If a judicial proceeding under this Section is | ||||||
26 | dismissed in favor of the respondent, the court, in its |
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1 | discretion, may require the township in which the respondent | ||||||
2 | serves to pay court costs or reasonable attorney fees, or | ||||||
3 | both, for the respondent. | ||||||
4 | (g) This Section applies to townships within counties with | ||||||
5 | a population of less than 500,000 people.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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