[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
92_HB5681eng HB5681 Engrossed LRB9214229BDdv 1 AN ACT concerning the State's Attorneys Appellate 2 Prosecutor. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State's Attorneys Appellate Prosecutor's 6 Act is amended by changing Section 4.01 as follows: 7 (725 ILCS 210/4.01) (from Ch. 14, par. 204.01) 8 Sec. 4.01. The Office and all attorneys employed thereby 9 may represent the People of the State of Illinois on appeal 10 in all cases which emanate from a countydistrictcontaining 11 less than 3,000,000 inhabitants, when requested to do so and 12 at the direction of the State's Attorney, otherwise 13 responsible for prosecuting the appeal, and may, with the 14 advice and consent of the State's Attorney prepare, file and 15 argue such appellate briefs in the Illinois Appellate Court 16 and, when requested and authorized to do so by the Attorney 17 General, in the Illinois Supreme Court. The Office may also 18 assist County State's Attorneys in the discharge of their 19 duties under the Illinois Controlled Substances Act, the 20 Cannabis Control Act, the Drug Asset Forfeiture Procedure 21 Act, the Narcotics Profit Forfeiture Act, and the Illinois 22 Public Labor Relations Act, including negotiations conducted 23 on behalf of a county or pursuant to an intergovernmental 24 agreement as well as in the trial and appeal of said cases 25 and of tax objections, and the counties which use services 26 relating to labor relations shall reimburse the Office on 27 pro-rated shares as determined by the board based upon the 28 population and number of labor relations cases of the 29 participating counties. In addition, the Office and all 30 attorneys employed by the Office may also assist State's 31 Attorneys in the discharge of their duties in the prosecution HB5681 Engrossed -2- LRB9214229BDdv 1 and trial of other cases when requested to do so by, and at 2 the direction of, the State's Attorney otherwise responsible 3 for the case. In addition, the Office and all attorneys 4 employed by the Office may act as Special Prosecutor if duly 5 appointed to do so by a court having jurisdiction. To be 6 effective, the order appointing the Office or its attorneys 7 as Special Prosecutor must (i) identify the case and its 8 subject matter and (ii) state that the Special Prosecutor 9 serves at the pleasure of the Attorney General, who may 10 substitute himself or herself as the Special Prosecutor when, 11 in his or her judgment, the interest of the people of the 12 State so requires. Within 5 days after receiving a copy of an 13 order from the court appointing the Office or any of its 14 attorneys as a Special Prosecutor, the Office must forward a 15 copy of the order to the Springfield office of the Attorney 16 General. 17 (Source: P.A. 85-617.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.