Illinois 2023-2024 Regular Session

Illinois House Bill HB0994 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0994 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 5 ILCS 350/2 from Ch. 127, par. 1302 Amends the State Employee Indemnification Act. Deletes provisions that allowed the Attorney General to decline to appear and defend an employee when the act or omission that gave rise to the claim was intentional, wilful, or wanton conduct. Makes conforming changes. LRB103 04811 DTM 49821 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0994 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 5 ILCS 350/2 from Ch. 127, par. 1302 5 ILCS 350/2 from Ch. 127, par. 1302 Amends the State Employee Indemnification Act. Deletes provisions that allowed the Attorney General to decline to appear and defend an employee when the act or omission that gave rise to the claim was intentional, wilful, or wanton conduct. Makes conforming changes. LRB103 04811 DTM 49821 b LRB103 04811 DTM 49821 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0994 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 350/2 from Ch. 127, par. 1302 5 ILCS 350/2 from Ch. 127, par. 1302
4	4	5 ILCS 350/2 from Ch. 127, par. 1302
5	5	Amends the State Employee Indemnification Act. Deletes provisions that allowed the Attorney General to decline to appear and defend an employee when the act or omission that gave rise to the claim was intentional, wilful, or wanton conduct. Makes conforming changes.
6	6	LRB103 04811 DTM 49821 b LRB103 04811 DTM 49821 b
7	7	LRB103 04811 DTM 49821 b
8	8	A BILL FOR
9	9	HB0994LRB103 04811 DTM 49821 b HB0994 LRB103 04811 DTM 49821 b
10	10	HB0994 LRB103 04811 DTM 49821 b
11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The State Employee Indemnification Act is
15	15	5 amended by changing Section 2 as follows:
16	16	6 (5 ILCS 350/2) (from Ch. 127, par. 1302)
17	17	7 (Text of Section before amendment by P.A. 102-982)
18	18	8 Sec. 2. Representation and indemnification of State
19	19	9 employees.
20	20	10 (a) In the event that any civil proceeding is commenced
21	21	11 against any State employee arising out of any act or omission
22	22	12 occurring within the scope of the employee's State employment,
23	23	13 the Attorney General shall, upon timely and appropriate notice
24	24	14 to him by such employee, appear on behalf of such employee and
25	25	15 defend the action. In the event that any civil proceeding is
26	26	16 commenced against any physician who is an employee of the
27	27	17 Department of Corrections or the Department of Human Services
28	28	18 (in a position relating to the Department's mental health and
29	29	19 developmental disabilities functions) alleging death or bodily
30	30	20 injury or other injury to the person of the complainant
31	31	21 resulting from and arising out of any act or omission
32	32	22 occurring on or after December 3, 1977 within the scope of the
33	33	23 employee's State employment, or against any physician who is
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0994 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 350/2 from Ch. 127, par. 1302 5 ILCS 350/2 from Ch. 127, par. 1302
39	39	5 ILCS 350/2 from Ch. 127, par. 1302
40	40	Amends the State Employee Indemnification Act. Deletes provisions that allowed the Attorney General to decline to appear and defend an employee when the act or omission that gave rise to the claim was intentional, wilful, or wanton conduct. Makes conforming changes.
41	41	LRB103 04811 DTM 49821 b LRB103 04811 DTM 49821 b
42	42	LRB103 04811 DTM 49821 b
43	43	A BILL FOR
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49	49	5 ILCS 350/2 from Ch. 127, par. 1302
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68	68	1 an employee of the Department of Veterans' Affairs alleging
69	69	2 death or bodily injury or other injury to the person of the
70	70	3 complainant resulting from and arising out of any act or
71	71	4 omission occurring on or after the effective date of this
72	72	5 amendatory Act of 1988 within the scope of the employee's
73	73	6 State employment, or in the event that any civil proceeding is
74	74	7 commenced against any attorney who is an employee of the State
75	75	8 Appellate Defender alleging legal malpractice or for other
76	76	9 damages resulting from and arising out of any legal act or
77	77	10 omission occurring on or after December 3, 1977, within the
78	78	11 scope of the employee's State employment, or in the event that
79	79	12 any civil proceeding is commenced against any individual or
80	80	13 organization who contracts with the Department of Labor to
81	81	14 provide services as a carnival and amusement ride safety
82	82	15 inspector alleging malpractice, death or bodily injury or
83	83	16 other injury to the person arising out of any act or omission
84	84	17 occurring on or after May 1, 1985, within the scope of that
85	85	18 employee's State employment, the Attorney General shall, upon
86	86	19 timely and appropriate notice to him by such employee, appear
87	87	20 on behalf of such employee and defend the action. Any such
88	88	21 notice shall be in writing, shall be mailed within 15 days
89	89	22 after the date of receipt by the employee of service of
90	90	23 process, and shall authorize the Attorney General to represent
91	91	24 and defend the employee in the proceeding. The giving of this
92	92	25 notice to the Attorney General shall constitute an agreement
93	93	26 by the State employee to cooperate with the Attorney General
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104	104	1 in his defense of the action and a consent that the Attorney
105	105	2 General shall conduct the defense as he deems advisable and in
106	106	3 the best interests of the employee, including settlement in
107	107	4 the Attorney General's discretion. In any such proceeding, the
108	108	5 State shall pay the court costs and litigation expenses of
109	109	6 defending such action, to the extent approved by the Attorney
110	110	7 General as reasonable, as they are incurred.
111	111	8 (b) In the event that the Attorney General determines that
112	112	9 so appearing and defending an employee either (1) involves an
113	113	10 actual or potential conflict of interest, or (2) that the act
114	114	11 or omission which gave rise to the claim was not within the
115	115	12 scope of the employee's State employment or was intentional,
116	116	13 wilful or wanton misconduct, the Attorney General shall
117	117	14 decline in writing to appear or defend or shall promptly take
118	118	15 appropriate action to withdraw as attorney for such employee.
119	119	16 Upon receipt of such declination or upon such withdrawal by
120	120	17 the Attorney General on the basis of an actual or potential
121	121	18 conflict of interest, the State employee may employ his own
122	122	19 attorney to appear and defend, in which event the State shall
123	123	20 pay the employee's court costs, litigation expenses and
124	124	21 attorneys' fees to the extent approved by the Attorney General
125	125	22 as reasonable, as they are incurred. In the event that the
126	126	23 Attorney General declines to appear or withdraws on the
127	127	24 grounds that the act or omission was not within the scope of
128	128	25 employment, or was intentional, wilful or wanton misconduct,
129	129	26 and a court or jury finds that the act or omission of the State
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140	140	1 employee was within the scope of employment and was not
141	141	2 intentional, wilful or wanton misconduct, the State shall
142	142	3 indemnify the State employee for any damages awarded and court
143	143	4 costs and attorneys' fees assessed as part of any final and
144	144	5 unreversed judgment. In such event the State shall also pay
145	145	6 the employee's court costs, litigation expenses and attorneys'
146	146	7 fees to the extent approved by the Attorney General as
147	147	8 reasonable.
148	148	9 In the event that the defendant in the proceeding is an
149	149	10 elected State official, including members of the General
150	150	11 Assembly, the elected State official may retain his or her
151	151	12 attorney, provided that said attorney shall be reasonably
152	152	13 acceptable to the Attorney General. In such case the State
153	153	14 shall pay the elected State official's court costs, litigation
154	154	15 expenses, and attorneys' fees, to the extent approved by the
155	155	16 Attorney General as reasonable, as they are incurred.
156	156	17 (b-5) The Attorney General may file a counterclaim on
157	157	18 behalf of a State employee, provided:
158	158	19 (1) the Attorney General determines that the State
159	159	20 employee is entitled to representation in a civil action
160	160	21 under this Section;
161	161	22 (2) the counterclaim arises out of any act or omission
162	162	23 occurring within the scope of the employee's State
163	163	24 employment that is the subject of the civil action; and
164	164	25 (3) the employee agrees in writing that if judgment is
165	165	26 entered in favor of the employee, the amount of the
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176	176	1 judgment shall be applied to offset any judgment that may
177	177	2 be entered in favor of the plaintiff, and then to
178	178	3 reimburse the State treasury for court costs and
179	179	4 litigation expenses required to pursue the counterclaim.
180	180	5 The balance of the collected judgment shall be paid to the
181	181	6 State employee.
182	182	7 (c) Notwithstanding any other provision of this Section,
183	183	8 representation and indemnification of a judge under this Act
184	184	9 shall also be provided in any case where the plaintiff seeks
185	185	10 damages or any equitable relief as a result of any decision,
186	186	11 ruling or order of a judge made in the course of his or her
187	187	12 judicial or administrative duties, without regard to the
188	188	13 theory of recovery employed by the plaintiff. Indemnification
189	189	14 shall be for all damages awarded and all court costs, attorney
190	190	15 fees and litigation expenses assessed against the judge. When
191	191	16 a judge has been convicted of a crime as a result of his or her
192	192	17 intentional judicial misconduct in a trial, that judge shall
193	193	18 not be entitled to indemnification and representation under
194	194	19 this subsection in any case maintained by a party who seeks
195	195	20 damages or other equitable relief as a direct result of the
196	196	21 judge's intentional judicial misconduct.
197	197	22 (d) In any such proceeding where notice in accordance with
198	198	23 this Section has been given to the Attorney General, unless
199	199	24 the court or jury finds that the conduct or inaction which gave
200	200	25 rise to the claim or cause of action was intentional, wilful or
201	201	26 wanton misconduct and was not intended to serve or benefit
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212	212	1 interests of the State, the State shall indemnify the State
213	213	2 employee for any damages awarded and court costs and
214	214	3 attorneys' fees assessed as part of any final and unreversed
215	215	4 judgment, or shall pay such judgment. Unless the Attorney
216	216	5 General determines that the conduct or inaction which gave
217	217	6 rise to the claim or cause of action was intentional, wilful or
218	218	7 wanton misconduct and was not intended to serve or benefit
219	219	8 interests of the State, the case may be settled, in the
220	220	9 Attorney General's discretion and with the employee's consent,
221	221	10 and the State shall indemnify the employee for any damages,
222	222	11 court costs and attorneys' fees agreed to as part of the
223	223	12 settlement, or shall pay such settlement. Where the employee
224	224	13 is represented by private counsel, any settlement must be so
225	225	14 approved by the Attorney General and the court having
226	226	15 jurisdiction, which shall obligate the State to indemnify the
227	227	16 employee.
228	228	17 (e) (i) Court costs and litigation expenses and other
229	229	18 costs of providing a defense or counterclaim, including
230	230	19 attorneys' fees obligated under this Section, shall be paid
231	231	20 from the State Treasury on the warrant of the Comptroller out
232	232	21 of appropriations made to the Department of Central Management
233	233	22 Services specifically designed for the payment of costs, fees
234	234	23 and expenses covered by this Section.
235	235	24 (ii) Upon entry of a final judgment against the employee,
236	236	25 or upon the settlement of the claim, the employee shall cause
237	237	26 to be served a copy of such judgment or settlement, personally
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248	248	1 or by certified or registered mail within thirty days of the
249	249	2 date of entry or settlement, upon the chief administrative
250	250	3 officer of the department, office or agency in which he is
251	251	4 employed. If not inconsistent with the provisions of this
252	252	5 Section, such judgment or settlement shall be certified for
253	253	6 payment by such chief administrative officer and by the
254	254	7 Attorney General. The judgment or settlement shall be paid
255	255	8 from the State Treasury on the warrant of the Comptroller out
256	256	9 of appropriations made to the Department of Central Management
257	257	10 Services specifically designed for the payment of claims
258	258	11 covered by this Section.
259	259	12 (f) Nothing contained or implied in this Section shall
260	260	13 operate, or be construed or applied, to deprive the State, or
261	261	14 any employee thereof, of any defense heretofore available.
262	262	15 (g) This Section shall apply regardless of whether the
263	263	16 employee is sued in his or her individual or official
264	264	17 capacity.
265	265	18 (h) This Section shall not apply to claims for bodily
266	266	19 injury or damage to property arising from motor vehicle
267	267	20 accidents.
268	268	21 (i) This Section shall apply to all proceedings filed on
269	269	22 or after its effective date, and to any proceeding pending on
270	270	23 its effective date, if the State employee gives notice to the
271	271	24 Attorney General as provided in this Section within 30 days of
272	272	25 the Act's effective date.
273	273	26 (j) The amendatory changes made to this Section by this
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284	284	1 amendatory Act of 1986 shall apply to all proceedings filed on
285	285	2 or after the effective date of this amendatory Act of 1986 and
286	286	3 to any proceeding pending on its effective date, if the State
287	287	4 employee gives notice to the Attorney General as provided in
288	288	5 this Section within 30 days of the effective date of this
289	289	6 amendatory Act of 1986.
290	290	7 (k) This Act applies to all State officials who are
291	291	8 serving as trustees, or their appointing authorities, of a
292	292	9 clean energy community trust or as members of a not-for-profit
293	293	10 foundation or corporation established pursuant to Section
294	294	11 16-111.1 of the Public Utilities Act.
295	295	12 (l) The State shall not provide representation for, nor
296	296	13 shall it indemnify, any State employee in (i) any criminal
297	297	14 proceeding in which the employee is a defendant or (ii) any
298	298	15 criminal investigation in which the employee is the target.
299	299	16 Nothing in this Act shall be construed to prohibit the State
300	300	17 from providing representation to a State employee who is a
301	301	18 witness in a criminal matter arising out of that employee's
302	302	19 State employment.
303	303	20 (Source: P.A. 99-461, eff. 1-1-17.)
304	304	21 (Text of Section after amendment by P.A. 102-982)
305	305	22 Sec. 2. Representation and indemnification of State
306	306	23 employees.
307	307	24 (a) In the event that any civil proceeding is commenced
308	308	25 against any State employee arising out of any act or omission
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319	319	1 occurring within the scope of the employee's State employment,
320	320	2 the Attorney General shall, upon timely and appropriate notice
321	321	3 to him by such employee, appear on behalf of such employee and
322	322	4 defend the action. In the event that any civil proceeding is
323	323	5 commenced against any physician who is an employee of the
324	324	6 Department of Corrections or the Department of Human Services
325	325	7 (in a position relating to the Department's mental health and
326	326	8 developmental disabilities functions) alleging death or bodily
327	327	9 injury or other injury to the person of the complainant
328	328	10 resulting from and arising out of any act or omission
329	329	11 occurring on or after December 3, 1977 within the scope of the
330	330	12 employee's State employment, or against any physician who is
331	331	13 an employee of the Department of Veterans' Affairs alleging
332	332	14 death or bodily injury or other injury to the person of the
333	333	15 complainant resulting from and arising out of any act or
334	334	16 omission occurring on or after the effective date of this
335	335	17 amendatory Act of 1988 within the scope of the employee's
336	336	18 State employment, or in the event that any civil proceeding is
337	337	19 commenced against any attorney who is an employee of the State
338	338	20 Appellate Defender alleging legal malpractice or for other
339	339	21 damages resulting from and arising out of any legal act or
340	340	22 omission occurring on or after December 3, 1977, within the
341	341	23 scope of the employee's State employment, or in the event that
342	342	24 any civil proceeding is commenced against any individual or
343	343	25 organization who contracts with the Department of Labor to
344	344	26 provide services as a carnival and amusement ride safety
345	345
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355	355	1 inspector alleging malpractice, death or bodily injury or
356	356	2 other injury to the person arising out of any act or omission
357	357	3 occurring on or after May 1, 1985, within the scope of that
358	358	4 employee's State employment, the Attorney General shall, upon
359	359	5 timely and appropriate notice to him by such employee, appear
360	360	6 on behalf of such employee and defend the action. Any such
361	361	7 notice shall be in writing, shall be mailed within 15 days
362	362	8 after the date of receipt by the employee of service of
363	363	9 process, and shall authorize the Attorney General to represent
364	364	10 and defend the employee in the proceeding. The giving of this
365	365	11 notice to the Attorney General shall constitute an agreement
366	366	12 by the State employee to cooperate with the Attorney General
367	367	13 in his defense of the action and a consent that the Attorney
368	368	14 General shall conduct the defense as he deems advisable and in
369	369	15 the best interests of the employee, including settlement in
370	370	16 the Attorney General's discretion. In any such proceeding, the
371	371	17 State shall pay the court costs and litigation expenses of
372	372	18 defending such action, to the extent approved by the Attorney
373	373	19 General as reasonable, as they are incurred.
374	374	20 (b) In the event that the Attorney General determines that
375	375	21 so appearing and defending an employee either (1) involves an
376	376	22 actual or potential conflict of interest, or (2) that the act
377	377	23 or omission which gave rise to the claim was not within the
378	378	24 scope of the employee's State employment or was intentional,
379	379	25 wilful or wanton misconduct, the Attorney General shall
380	380	26 decline in writing to appear or defend or shall promptly take
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391	391	1 appropriate action to withdraw as attorney for such employee.
392	392	2 Upon receipt of such declination or upon such withdrawal by
393	393	3 the Attorney General on the basis of an actual or potential
394	394	4 conflict of interest, the State employee may employ his own
395	395	5 attorney to appear and defend, in which event the State shall
396	396	6 pay the employee's court costs, litigation expenses and
397	397	7 attorneys' fees to the extent approved by the Attorney General
398	398	8 as reasonable, as they are incurred. In the event that the
399	399	9 Attorney General declines to appear or withdraws on the
400	400	10 grounds that the act or omission was not within the scope of
401	401	11 employment, or was intentional, wilful or wanton misconduct,
402	402	12 and a court or jury finds that the act or omission of the State
403	403	13 employee was within the scope of employment and was not
404	404	14 intentional, wilful or wanton misconduct, the State shall
405	405	15 indemnify the State employee for any damages awarded and court
406	406	16 costs and attorneys' fees assessed as part of any final and
407	407	17 unreversed judgment. In such event the State shall also pay
408	408	18 the employee's court costs, litigation expenses and attorneys'
409	409	19 fees to the extent approved by the Attorney General as
410	410	20 reasonable.
411	411	21 In the event that the defendant in the proceeding is an
412	412	22 elected State official, including members of the General
413	413	23 Assembly, the elected State official may retain his or her
414	414	24 attorney, provided that said attorney shall be reasonably
415	415	25 acceptable to the Attorney General. In such case the State
416	416	26 shall pay the elected State official's court costs, litigation
417	417
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427	427	1 expenses, and attorneys' fees, to the extent approved by the
428	428	2 Attorney General as reasonable, as they are incurred.
429	429	3 (b-5) The Attorney General may file a counterclaim on
430	430	4 behalf of a State employee, provided:
431	431	5 (1) the Attorney General determines that the State
432	432	6 employee is entitled to representation in a civil action
433	433	7 under this Section;
434	434	8 (2) the counterclaim arises out of any act or omission
435	435	9 occurring within the scope of the employee's State
436	436	10 employment that is the subject of the civil action; and
437	437	11 (3) the employee agrees in writing that if judgment is
438	438	12 entered in favor of the employee, the amount of the
439	439	13 judgment shall be applied to offset any judgment that may
440	440	14 be entered in favor of the plaintiff, and then to
441	441	15 reimburse the State treasury for court costs and
442	442	16 litigation expenses required to pursue the counterclaim.
443	443	17 The balance of the collected judgment shall be paid to the
444	444	18 State employee.
445	445	19 (c) Notwithstanding any other provision of this Section,
446	446	20 representation and indemnification of a judge under this Act
447	447	21 shall also be provided in any case where the plaintiff seeks
448	448	22 damages or any equitable relief as a result of any decision,
449	449	23 ruling or order of a judge made in the course of his or her
450	450	24 judicial or administrative duties, without regard to the
451	451	25 theory of recovery employed by the plaintiff. Indemnification
452	452	26 shall be for all damages awarded and all court costs, attorney
453	453
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463	463	1 fees and litigation expenses assessed against the judge. When
464	464	2 a judge has been convicted of a crime as a result of his or her
465	465	3 intentional judicial misconduct in a trial, that judge shall
466	466	4 not be entitled to indemnification and representation under
467	467	5 this subsection in any case maintained by a party who seeks
468	468	6 damages or other equitable relief as a direct result of the
469	469	7 judge's intentional judicial misconduct.
470	470	8 (d) In any such proceeding where notice in accordance with
471	471	9 this Section has been given to the Attorney General, unless
472	472	10 the court or jury finds that the conduct or inaction which gave
473	473	11 rise to the claim or cause of action was intentional, wilful or
474	474	12 wanton misconduct and was not intended to serve or benefit
475	475	13 interests of the State, the State shall indemnify the State
476	476	14 employee for any damages awarded and court costs and
477	477	15 attorneys' fees assessed as part of any final and unreversed
478	478	16 judgment, or shall pay such judgment. Unless the Attorney
479	479	17 General determines that the conduct or inaction which gave
480	480	18 rise to the claim or cause of action was intentional, wilful or
481	481	19 wanton misconduct and was not intended to serve or benefit
482	482	20 interests of the State, the case may be settled, in the
483	483	21 Attorney General's discretion and with the employee's consent,
484	484	22 and the State shall indemnify the employee for any damages,
485	485	23 court costs and attorneys' fees agreed to as part of the
486	486	24 settlement, or shall pay such settlement. Where the employee
487	487	25 is represented by private counsel, any settlement must be so
488	488	26 approved by the Attorney General and the court having
489	489
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499	499	1 jurisdiction, which shall obligate the State to indemnify the
500	500	2 employee.
501	501	3 (e) (i) Court costs and litigation expenses and other
502	502	4 costs of providing a defense or counterclaim, including
503	503	5 attorneys' fees obligated under this Section, shall be paid
504	504	6 from the State Treasury on the warrant of the Comptroller out
505	505	7 of appropriations made to the Department of Central Management
506	506	8 Services specifically designed for the payment of costs, fees
507	507	9 and expenses covered by this Section.
508	508	10 (ii) Upon entry of a final judgment against the employee,
509	509	11 or upon the settlement of the claim, the employee shall cause
510	510	12 to be served a copy of such judgment or settlement, personally
511	511	13 or by certified or registered mail within thirty days of the
512	512	14 date of entry or settlement, upon the chief administrative
513	513	15 officer of the department, office or agency in which he is
514	514	16 employed. If not inconsistent with the provisions of this
515	515	17 Section, such judgment or settlement shall be certified for
516	516	18 payment by such chief administrative officer and by the
517	517	19 Attorney General. The judgment or settlement shall be paid
518	518	20 from the State Treasury on the warrant of the Comptroller out
519	519	21 of appropriations made to the Department of Central Management
520	520	22 Services specifically designed for the payment of claims
521	521	23 covered by this Section.
522	522	24 (f) Nothing contained or implied in this Section shall
523	523	25 operate, or be construed or applied, to deprive the State, or
524	524	26 any employee thereof, of any defense heretofore available.
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535	535	1 (g) This Section shall apply regardless of whether the
536	536	2 employee is sued in his or her individual or official
537	537	3 capacity.
538	538	4 (h) This Section shall not apply to claims for bodily
539	539	5 injury or damage to property arising from motor vehicle
540	540	6 crashes.
541	541	7 (i) This Section shall apply to all proceedings filed on
542	542	8 or after its effective date, and to any proceeding pending on
543	543	9 its effective date, if the State employee gives notice to the
544	544	10 Attorney General as provided in this Section within 30 days of
545	545	11 the Act's effective date.
546	546	12 (j) The amendatory changes made to this Section by this
547	547	13 amendatory Act of 1986 shall apply to all proceedings filed on
548	548	14 or after the effective date of this amendatory Act of 1986 and
549	549	15 to any proceeding pending on its effective date, if the State
550	550	16 employee gives notice to the Attorney General as provided in
551	551	17 this Section within 30 days of the effective date of this
552	552	18 amendatory Act of 1986.
553	553	19 (k) This Act applies to all State officials who are
554	554	20 serving as trustees, or their appointing authorities, of a
555	555	21 clean energy community trust or as members of a not-for-profit
556	556	22 foundation or corporation established pursuant to Section
557	557	23 16-111.1 of the Public Utilities Act.
558	558	24 (l) The State shall not provide representation for, nor
559	559	25 shall it indemnify, any State employee in (i) any criminal
560	560	26 proceeding in which the employee is a defendant or (ii) any
561	561
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571	571	1 criminal investigation in which the employee is the target.
572	572	2 Nothing in this Act shall be construed to prohibit the State
573	573	3 from providing representation to a State employee who is a
574	574	4 witness in a criminal matter arising out of that employee's
575	575	5 State employment.
576	576	6 (Source: P.A. 102-982, eff. 7-1-23.)
577	577	7 Section 95. No acceleration or delay. Where this Act makes
578	578	8 changes in a statute that is represented in this Act by text
579	579	9 that is not yet or no longer in effect (for example, a Section
580	580	10 represented by multiple versions), the use of that text does
581	581	11 not accelerate or delay the taking effect of (i) the changes
582	582	12 made by this Act or (ii) provisions derived from any other
583	583	13 Public Act.
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