SB3943 103RD GENERAL ASSEMBLY

LRB103 40481 JRC 72882 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3943

Introduced 5/2/2024, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

725 ILCS 210/3

from Ch. 14, par. 203

Amends the State's Attorneys Appellate Prosecutor Act. Requires the board of governors of the Office of the State's Attorneys Appellate Prosecutor to meet at least once every 6 months instead of every 3 months.

A BILL FOR

AN ACT concerning state government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State's Attorneys Appellate Prosecutor's Act is amended by changing Section 3 as follows:

(725 ILCS 210/3) (from Ch. 14, par. 203)

Sec. 3. There is created the Office of the State's Attorneys Appellate Prosecutor as a judicial agency of State government.

(a) The Office of the State's Attorneys Appellate Prosecutor shall be governed by a board of governors which shall consist of 10 members as follows:

(1) Eight State's Attorneys, 2 to be elected from each District containing less than 3,000,000 inhabitants;

(2) The State's Attorney of Cook County or his or her designee; and

(3) One State's Attorney to be bi-annually appointed by the other 9 members.

(b) Voting for elected members shall be by District with each of the State's Attorneys voting from their respective district. Each board member must be duly elected or appointed and serving as State's Attorney in the district from which he was elected or appointed.

(c) Elected members shall serve for a term of 2 years commencing upon their election and until their successors are duly elected or appointed and qualified.

(d) A bi-annual election of members of the board shall be held within 30 days prior or subsequent to the beginning of each odd numbered calendar year, and the board shall certify the results to the Secretary of State.

(e) The board shall promulgate rules of procedure for the election of its members and the conduct of its meetings and shall elect a Chairman and a Vice-Chairman and such other officers as it deems appropriate. The board shall meet at least once every 6 3 months, and in addition thereto as directed by the Chairman, or upon the special call of any 5 members of the board, in writing, sent to the Chairman, designating the time and place of the meeting.

(f) Five members of the board shall constitute a quorum for the purpose of transacting business.

(g) Members of the board shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(h) A position shall be vacated by either a member's resignation, removal or inability to serve as State's Attorney.

(i) Vacancies on the board of elected members shall be filled within 90 days of the occurrence of the vacancy by a special election held by the State's Attorneys in the district where the vacancy occurred. Vacancies on the board of the appointed member shall be filled within 90 days of the occurrence of the vacancy by a special election by the members. In the case of a special election, the tabulation and certification of the results may be conducted at any regularly scheduled quarterly or special meeting called for that purpose. A member elected or appointed to fill such position shall serve for the unexpired term of the member whom he is succeeding. Any member may be re-elected or re-appointed for additional terms.

(Source: P.A. 102-16, eff. 6-17-21; 102-687, eff. 12-17-21.)