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IL SB2520
Bill
AI Summary
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Expands grounds for court appointment of special prosecutors to include situations where the State's Attorney has an actual conflict of interest in a cause, proceeding, or other matter arising under the State's Attorney's duties.
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Allows the court, an interested person, or the State's Attorney to file a petition alleging conflict of interest, which the court must consider and may hold a hearing to determine if sufficient facts and evidence support the conflict claim.
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Requires courts to first contact public agencies including the Office of Attorney General and other State's Attorneys' offices to determine if a public prosecutor is available to serve as special prosecutor at no cost to the county before appointing a private attorney.
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Mandates that special prosecutor authority be construed strictly and narrowly by courts, with any expansion requiring prior notice to the county and consideration of financial impact.
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Requires counties to receive detailed invoices describing all activities performed and time spent before signing orders to pay special prosecutor attorney's fees or litigation expenses.
Legislative Description
CNTY-STATE'S ATTORNEY CONFLICT
Last Action
Public Act . . . . . . . . . 102-0657
8/27/2021