99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3387
 
Introduced , by Rep. La Shawn K. Ford
 
SYNOPSIS AS INTRODUCED:






15 ILCS 205/4 from Ch. 14, par. 4

 Amends the Attorney General Act. Provides that the Attorney General shall have the duty to investigate prosecutorial misconduct, including violations of Illinois Supreme Court Rules and statutes, upon a complaint filed with the Attorney General by a criminal defendant, and to file a motion with the court having jurisdiction over the defendant's case requesting relief that the Attorney General and the defendant deem appropriate, including dismissal of the charges or referring the information contained in the investigation to the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Effective January 1, 2016.



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A BILL FOR
 


HB3387LRB099 07713 RLC 27846 b



1 AN ACT concerning State government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Attorney General Act is amended by changing 
5Section 4 as follows:




6 (15 ILCS 205/4) (from Ch. 14, par. 4)


7 Sec. 4. The duties of the Attorney General shall be--
8 First - To appear for and represent the people of the State 
9before the
supreme court in all cases in which the State or the 
10people of the State
are interested.

11 Second - To institute and prosecute all actions and 
12proceedings in favor
of or for the use of the State, which may 
13be necessary in the execution of
the duties of any State 
14officer.

15 Third - To defend all actions and proceedings against any 
16State officer,
in his official capacity, in any of the courts 
17of this State or the United
States.

18 Fourth - To consult with and advise the several State's 
19Attorneys in
matters relating to the duties of their office; 
20and when, in his judgment,
the interest of the people of the 
21State requires it, he shall attend the
trial of any party 
22accused of crime, and assist in the prosecution. When
the 
23Attorney General has requested in writing that a State's 
 
 
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1Attorney
initiate court proceedings to enforce any provisions 
2of the Election Code
or to initiate a criminal prosecution with 
3respect to a violation of the
Election Code, and when the 
4State's Attorney has declined in writing to
initiate those 
5proceedings or prosecutions or when the State's Attorney
has 
6neither initiated the proceedings or prosecutions nor 
7responded in
writing to the Attorney General within 60 days of 
8the receipt of the request,
the Attorney General may, 
9concurrently with or independently of the State's
Attorney, 
10initiate such proceedings or prosecutions. The Attorney 
11General may investigate and prosecute any violation of the 
12Election Code at the request of the State Board of Elections or 
13a State's Attorney.


14 Fifth - To investigate alleged violations of the statutes 
15which the
Attorney General has a duty to enforce and to conduct 
16other investigations
in connection with assisting in the 
17prosecution of a criminal offense at
the request of a State's 
18Attorney.

19 Sixth - To consult with and advise the governor and other 
20State officers,
and give, when requested, written opinions upon 
21all legal or constitutional
questions relating to the duties of 
22such officers respectively.

23 Seventh - To prepare, when necessary, proper drafts for 
24contracts and other
writings relating to subjects in which the 
25State is interested.

26 Eighth - To give written opinions, when requested by either 
 
 
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1branch of
the general assembly, or any committee thereof, upon 
2constitutional or
legal questions.

3 Ninth - To enforce the proper application of funds 
4appropriated to the
public institutions of the State, prosecute 
5breaches of trust in the
administration of such funds, and, 
6when necessary, prosecute corporations
for failure or refusal 
7to make the reports required by law.

8 Tenth - To keep, a register of all cases prosecuted or 
9defended by him,
in behalf of the State or its officers, and of 
10all proceedings had in
relation thereto, and to deliver the 
11same to his successor in office.

12 Eleventh - To keep on file in his office a copy of the 
13official opinions
issued by the Attorney General and deliver 
14same to his successor.

15 Twelfth - To pay into the State treasury all moneys 
16received by him for
the use of the State.

17 Thirteenth - To attend to and perform any other duty which 
18may, from time
to time, be required of him by law.

19 Fourteenth - To attend, present evidence to and prosecute 
20indictments
returned by each Statewide Grand Jury.

21 Fifteenth - To give written binding and advisory public 
22access opinions as provided in Section 7 of this Act. 
23 Sixteenth - To investigate prosecutorial misconduct, 
24including violations of Illinois Supreme Court Rules and 
25statutes, upon a complaint filed with the Attorney General by a 
26criminal defendant, and to file a motion with the court having 
 
 
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1jurisdiction over the defendant's case requesting relief that 
2the Attorney General and the defendant deem appropriate, 
3including dismissal of the charges or referring the information 
4contained in the investigation to the Attorney Registration and 
5Disciplinary Commission of the Supreme Court of Illinois. 
6(Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)



7 Section 99. Effective date. This Act takes effect January 
81, 2016.