Illinois 2023-2024 Regular Session

Illinois House Bill HB5534 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 HB5534 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-9008.5 new Amends the Counties Code. Provides that a State's Attorney may not represent the State in the charging and prosecution of law enforcement officer-involved shootings within the county in which the State's Attorney serves. Provides that the court, on its own motion, shall file a petition alleging that the State's Attorney has an actual conflict of interest in the proceeding and shall appoint a special prosecutor as provided in this Section. Provides that the court shall attempt to appoint a public prosecutor from a public agency, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or another State's Attorney's office throughout the State. Includes provisions about the appointment of the special prosecutor and the special prosecutor's authority and fees. LRB103 37802 AWJ 67932 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5534 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-9008.5 new 55 ILCS 5/3-9008.5 new Amends the Counties Code. Provides that a State's Attorney may not represent the State in the charging and prosecution of law enforcement officer-involved shootings within the county in which the State's Attorney serves. Provides that the court, on its own motion, shall file a petition alleging that the State's Attorney has an actual conflict of interest in the proceeding and shall appoint a special prosecutor as provided in this Section. Provides that the court shall attempt to appoint a public prosecutor from a public agency, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or another State's Attorney's office throughout the State. Includes provisions about the appointment of the special prosecutor and the special prosecutor's authority and fees. LRB103 37802 AWJ 67932 b LRB103 37802 AWJ 67932 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5534 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/3-9008.5 new 55 ILCS 5/3-9008.5 new
4	4	55 ILCS 5/3-9008.5 new
5	5	Amends the Counties Code. Provides that a State's Attorney may not represent the State in the charging and prosecution of law enforcement officer-involved shootings within the county in which the State's Attorney serves. Provides that the court, on its own motion, shall file a petition alleging that the State's Attorney has an actual conflict of interest in the proceeding and shall appoint a special prosecutor as provided in this Section. Provides that the court shall attempt to appoint a public prosecutor from a public agency, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or another State's Attorney's office throughout the State. Includes provisions about the appointment of the special prosecutor and the special prosecutor's authority and fees.
6	6	LRB103 37802 AWJ 67932 b LRB103 37802 AWJ 67932 b
7	7	LRB103 37802 AWJ 67932 b
8	8	A BILL FOR
9	9	HB5534LRB103 37802 AWJ 67932 b HB5534 LRB103 37802 AWJ 67932 b
10	10	HB5534 LRB103 37802 AWJ 67932 b
11	11	1 AN ACT concerning local 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 Counties Code is amended by adding Section
15	15	5 3-9008.5 as follows:
16	16	6 (55 ILCS 5/3-9008.5 new)
17	17	7 Sec. 3-9008.5. Prosecutions of law enforcement
18	18	8 officer-involved shootings.
19	19	9 (a) A State's Attorney may not represent the State in the
20	20	10 charging and prosecution of law enforcement officer-involved
21	21	11 shootings within the county in which the State's Attorney
22	22	12 serves. The court, on its own motion, shall file a petition
23	23	13 alleging that the State's Attorney has an actual conflict of
24	24	14 interest in the proceeding and shall appoint a special
25	25	15 prosecutor as provided in this Section.
26	26	16 (b) Prior to appointing a private attorney under this
27	27	17 Section, the court shall contact public agencies, including,
28	28	18 but not limited to, the Office of Attorney General, Office of
29	29	19 the State's Attorneys Appellate Prosecutor, or another State's
30	30	20 Attorney's office throughout the State, to determine if a
31	31	21 public prosecutor is available to serve as a special
32	32	22 prosecutor at no cost to the county. If a public prosecutor is
33	33	23 available, the court shall appoint the public prosecutor if
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5534 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
38	38	55 ILCS 5/3-9008.5 new 55 ILCS 5/3-9008.5 new
39	39	55 ILCS 5/3-9008.5 new
40	40	Amends the Counties Code. Provides that a State's Attorney may not represent the State in the charging and prosecution of law enforcement officer-involved shootings within the county in which the State's Attorney serves. Provides that the court, on its own motion, shall file a petition alleging that the State's Attorney has an actual conflict of interest in the proceeding and shall appoint a special prosecutor as provided in this Section. Provides that the court shall attempt to appoint a public prosecutor from a public agency, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or another State's Attorney's office throughout the State. Includes provisions about the appointment of the special prosecutor and the special prosecutor's authority and fees.
41	41	LRB103 37802 AWJ 67932 b LRB103 37802 AWJ 67932 b
42	42	LRB103 37802 AWJ 67932 b
43	43	A BILL FOR
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49	49	55 ILCS 5/3-9008.5 new
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73	73	HB5534 - 2 - LRB103 37802 AWJ 67932 b