Bill Text: IL SB3460 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning local government.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Counties Code is amended by adding Section | |||||||||||||||||||||
5 | 5-1188 as follows:
| |||||||||||||||||||||
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 | |||||||||||||||||||||
17 | offense involving a violation of his or her official oath. If | |||||||||||||||||||||
18 | approved by the county board, the determination to place the | |||||||||||||||||||||
19 | elected official on administrative leave shall be sent to the | |||||||||||||||||||||
20 | State's Attorney of the county or, if the determination is | |||||||||||||||||||||
21 | regarding the State's Attorney, the determination shall be | |||||||||||||||||||||
22 | sent to the Attorney General. | |||||||||||||||||||||
23 | (b) Upon receipt of a determination from the county board |
| |||||||
| |||||||
1 | under subsection (a), the State's Attorney shall review the | ||||||
2 | alleged crimes to determine if the countywide elected official | ||||||
3 | should be placed on administrative leave. If the State's | ||||||
4 | Attorney believes the crime or crimes to be germane to the | ||||||
5 | official's duties, the State's Attorney shall file a motion to | ||||||
6 | place the elected official on administrative leave with the | ||||||
7 | circuit court of the county. | ||||||
8 | Upon receipt of a determination from the county board | ||||||
9 | under subsection (a) concerning the State's Attorney, the | ||||||
10 | Attorney General shall review the alleged crimes to determine | ||||||
11 | if the State's Attorney should be placed on administrative | ||||||
12 | leave. If the Attorney General believes the crime or crimes to | ||||||
13 | be germane to the State's Attorney's duties, the Attorney | ||||||
14 | General shall file a motion to place the elected official on | ||||||
15 | administrative leave with the circuit court of the county. | ||||||
16 | (c) Upon receipt of the motion filled by the State's | ||||||
17 | Attorney or Attorney General under subsection (b), the circuit | ||||||
18 | court of the county shall review the motion and determine if | ||||||
19 | the official should be placed on administrative leave. If the | ||||||
20 | court's written opinion approves the motion finding that the | ||||||
21 | crime or crimes for which the official has been indicted are | ||||||
22 | germane to the official's duties and that a conflict exists, | ||||||
23 | then the official is barred from county property and | ||||||
24 | performing the official's duties until the case is closed and | ||||||
25 | the county board determines the conflict is resolved. The | ||||||
26 | official shall continue to receive all compensation and |
| |||||||
| |||||||
1 | benefits during the official's administrative leave. | ||||||
2 | (d) If the circuit court approves the motion to put an | ||||||
3 | official on administrative leave as provided in subsection | ||||||
4 | (c), the county board shall appoint a replacement for the | ||||||
5 | official while the official is on administrative leave. | ||||||
6 | (e) If the circuit court approves the motion to put an | ||||||
7 | official on administrative leave as provided in subsection | ||||||
8 | (c), the official shall continue to receive all compensation | ||||||
9 | and benefits during the official's administrative leave. | ||||||
10 | (f) If a judicial proceeding under this Section is | ||||||
11 | dismissed in favor of the respondent, the court in its | ||||||
12 | discretion may require the county in which the respondent | ||||||
13 | serves to pay court costs or reasonable attorney fees, or | ||||||
14 | both, for the respondent.
| ||||||
15 | Section 10. The Township Code is amended by adding Section | ||||||
16 | 85-70 as follows:
| ||||||
17 | (60 ILCS 1/85-70 new) | ||||||
18 | Sec. 85-70. Administrative leave of a township officer. | ||||||
19 | (a) If a township officer is criminally charged with an | ||||||
20 | infamous crime or of any offense involving a violation of his | ||||||
21 | or her official oath, the township board may vote to determine | ||||||
22 | if the township officer should be placed on administrative | ||||||
23 | leave, with a three-fifths vote of all members, if the | ||||||
24 | township board believes the official has been criminally |
| |||||||
| |||||||
1 | charged with an infamous crime or of any offense involving a | ||||||
2 | violation of his or her official oath. If approved by the | ||||||
3 | township board, the determination to place the elected | ||||||
4 | official on administrative leave shall be sent to the township | ||||||
5 | attorney of the county. | ||||||
6 | (b) Upon receipt of a determination from the township | ||||||
7 | board under subsection (a), the township attorney shall review | ||||||
8 | the alleged crimes to determine if the township officer should | ||||||
9 | be placed on administrative leave. If the township attorney | ||||||
10 | believes the crime or crimes to be germane to the officer's | ||||||
11 | duties, the township attorney shall file a motion to place the | ||||||
12 | officer on administrative leave with the circuit court of the | ||||||
13 | county where the township is located in. | ||||||
14 | (c) Upon receipt of the motion filled by the township | ||||||
15 | attorney under subsection (b), the circuit court of the county | ||||||
16 | shall review the motion and determine if the officer should be | ||||||
17 | placed on administrative leave. If the court's written opinion | ||||||
18 | approves the motion finding that the crime or crimes for which | ||||||
19 | the officer has been indicted are germane to the officer's | ||||||
20 | duties and that a conflict exists, then the officer is barred | ||||||
21 | from township property and performing the officer's duties | ||||||
22 | until the case is closed and the township board determines the | ||||||
23 | conflict is resolved. The officer shall continue to receive | ||||||
24 | all compensation and benefits during the officer's | ||||||
25 | administrative leave. | ||||||
26 | (d) If the circuit court approves the motion to put an |
| |||||||
| |||||||
1 | officer on administrative leave as provided in subsection (c), | ||||||
2 | the township board shall appoint a replacement for the officer | ||||||
3 | while the officer is on administrative leave. | ||||||
4 | (e) If the circuit court approves the motion to put an | ||||||
5 | official on administrative leave as provided in subsection | ||||||
6 | (c), the official shall continue to receive all compensation | ||||||
7 | and benefits during the official's administrative leave. | ||||||
8 | (f) If a judicial proceeding under this Section is | ||||||
9 | dismissed in favor of the respondent, the court in its | ||||||
10 | discretion may require the township in which the respondent | ||||||
11 | serves to pay court costs or reasonable attorney fees, or | ||||||
12 | both, for the respondent.
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
|