SB 3460

Abstract

Amends the Counties Code. Provides that, if a county board member, county board chairman, State's Attorney, or other countywide elected official is criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board shall review the alleged crimes to determine by a three-fifths vote of all members if the countywide elected official should be placed on administrative leave. Provides that, if the county board believes the official has been criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board shall send their determination to the State's Attorney or, if the determination is regarding the State's Attorney, the determination shall be sent to the Attorney General. Provides that, upon receipt of a determination from the county board, if the State's Attorney or Attorney General believes the crime or crimes to be germane to the official's duties, then the State's Attorney or Attorney General shall file a motion to place the elected official on administrative leave with the circuit court of the county. Provides that, upon receipt of the motion, the circuit court shall review and determine if the official shall be placed on administrative leave. Provides that the court may require the county to pay court costs or reasonable attorney fees, or both, if the court dismisses the action. Provides that, if the official is placed on administrative leave because a conflict exists, the official is barred from county property and performing the official's duties until the case is closed and the county board determines the conflict is resolved. Provides that the official shall continue to receive all compensation and benefits during the official's administrative leave. Provides that, if the county board puts an official on administrative leave, the board shall appoint a replacement for the official while the official is on administrative leave. Amends the Township Code. Makes similar changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that if a State's Attorney or township attorney believes the crime or crimes to be germane to the official's duties, or a special State's Attorney (rather than the Attorney General) if the crime or crimes deal with the State's Attorney, such attorney shall file a petition (rather than a motion) with the circuit court for a rule to show cause why not to place the elected official on administrative leave (rather than to have the court place the elected official on administrative leave). Replaces the procedure by which the court determines if an officer shall be placed on administrative leave with the following: provides that the court shall issue a rule requiring the officer to show cause why he or she should not be put on administrative leave and the officer shall have a trial in the date stated in the rule; and provides that, if, after trial, the court determined that the township officer should be placed on administrative leave, the township officer shall be removed from office. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the Senate Amendment No. 1 with the following changes: Provides that the county board shall petition the court for the appointment of a special State's Attorney to review the board's determination if the determination is relating to the State's Attorney or if the State's Attorney has a conflict of interest (rather than only if relating to the State's Attorney). Makes conforming changes. Limits the provisions to counties that have a population of less than 500,000 people and townships within counties that have a population of less than 500,000 people. Effective immediately. Senate Floor Amendment No. 3 Limits the provisions to officials charged with an infamous crime or of any felony in violation of his or her official oath (rather than any offense involving a violation of his or her official oath). Provides that, if the official is removed from office, then the official is barred from county or township property and performing the official's duties until the case is closed and the county or township board determines the conflict is resolved. Makes other changes.