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HB4832 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4832

Introduced , by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

55 ILCS 5/4-2001

from Ch. 34, par. 4-2001

Amends the Counties Code. Provides that, beginning July 1, 2026, each
State's Attorney whose term begins after July 1, 2026 shall be compensated
at the rate of 100% of the mean of the amount paid to the resident circuit
judges in the county courthouse for the State's Attorney.. Provides that
the State shall furnish 66 2/3% of the total annual compensation to be paid
to each State's Attorney in the State based on the salary in effect on
December 31, 1988, and 100% of the increases in salary taking effect after
December 31, 1988. Provides that the amount shall be paid from the Personal
Property Tax Replacement Fund. Provides that the county shall be
responsible for the State and federal income tax reporting and withholding
and the employer contributions under the Illinois Pension Code.
LRB104 19292 RTM 32738 b

A BILL FOR

HB4832
LRB104 19292 RTM 32738 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Counties Code is amended by changing
5
Section 4-2001 as follows:

6

(55 ILCS 5/4-2001)

(from Ch. 34, par. 4-2001)
7

Sec. 4-2001.
State's attorney salaries.
8

(a) There shall be allowed to the several state's
9
attorneys in this State, except the state's attorney of Cook
10
County, the following annual salary:

11

(1) Subject to paragraph (5), to each state's attorney
12

in counties containing less than 10,000 inhabitants,
13

$40,500 until December 31, 1988, $45,500 until June 30,
14

1994, and $55,500 thereafter or as set by the Compensation
15

Review Board, whichever is greater.

16

(2) Subject to paragraph (5), to each state's attorney
17

in counties containing 10,000 or more inhabitants but less
18

than 20,000 inhabitants, $46,500 until December 31, 1988,
19

$61,500 until June 30, 1994, and $71,500 thereafter or as
20

set by the Compensation Review Board, whichever is
21

greater.

22

(3) Subject to paragraph (5), to each state's attorney
23

in counties containing 20,000 or more but less than 30,000

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1

inhabitants, $51,000 until December 31, 1988, $65,000
2

until June 30, 1994, and $75,000 thereafter or as set by
3

the Compensation Review Board, whichever is greater.

4

(4) To each state's attorney in counties of 30,000 or
5

more inhabitants, $65,500 until December 31, 1988, $80,000
6

until June 30, 1994, and $96,837 thereafter or as set by
7

the Compensation Review Board, whichever is greater.

8

(5) Effective December 1, 2000, to each state's
9

attorney in counties containing fewer than 30,000
10

inhabitants, the same salary plus any cost of living
11

adjustments as authorized by the Compensation Review Board
12

to take effect after January 1, 1999, for state's
13

attorneys in counties containing 20,000 or more but fewer
14

than 30,000 inhabitants, or as set by the Compensation
15

Review Board whichever is greater.
16

The State shall furnish 66 2/3% of the total annual
17
compensation to be paid to each state's attorney in Illinois
18
based on the salary in effect on December 31, 1988, and 100% of
19
the increases in salary taking effect after December 31, 1988.
20

Subject to appropriation, said amounts furnished by the
21
State shall be payable monthly by the Department of Revenue
22
out of the Personal Property Tax Replacement Fund or the
23
General Revenue Fund to the county in which each state's
24
attorney is elected.
25

Each county shall be required to furnish 33 1/3% of the
26
total annual compensation to be paid to each state's attorney

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1
in Illinois based on the salary in effect on December 31, 1988.
2

Within 90 days after the effective date of this
3
amendatory Act of the 96th General Assembly, the county board
4
of any county with a population between 15,000 and 50,000 by
5
resolution or ordinance may increase the amount of
6
compensation to be paid to each eligible state's attorney in
7
their county in the form of a longevity stipend which shall be
8
added to and become part of the salary of the state's attorney
9
for that year. To be eligible, the state's attorney must have
10
served in the elected position for at least 20 continuous
11
years and elect to participate in a program for an alternative
12
annuity for county officers and make the required additional
13
optional contributions as authorized by P.A. 90-32.
14

(b) Effective December 1, 2000, no state's attorney may
15
engage in the private practice of law. However, until November
16
30, 2000, (i) the state's attorneys in counties containing
17
fewer than 10,000 inhabitants may engage in the practice of
18
law, and (ii) in any county between 10,000 and 30,000
19
inhabitants or in any county containing 30,000 or more
20
inhabitants which reached that population between 1970 and
21
December 31, 1981, the state's attorney may declare his or her
22
intention to engage in the private practice of law, and may do
23
so through no later than November 30, 2000, by filing a written
24
declaration of intent to engage in the private practice of law
25
with the county clerk. The declaration of intention shall be
26
irrevocable during the remainder of the term of office. The

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declaration shall be filed with the county clerk within 30
2
days of certification of election or appointment, or within 60
3
days of March 15, 1989, whichever is later. In that event the
4
annual salary of such state's attorney shall be as follows:

5

(1) In counties containing 10,000 or more inhabitants
6

but less than 20,000 inhabitants, $46,500 until December
7

31, 1988, $51,500 until June 30, 1994, and $61,500
8

thereafter or as set by the Compensation Review Board,
9

whichever is greater. The State shall furnish 100% of the
10

increases taking effect after December 31, 1988.

11

(2) In counties containing 20,000 or more inhabitants
12

but less than 30,000 inhabitants, and in counties
13

containing 30,000 or more inhabitants which reached said
14

population between 1970 and December 31, 1981, $51,500
15

until December 31, 1988, $56,000 until June 30, 1994, and
16

$65,000 thereafter or as set by the Compensation Review
17

Board, whichever is greater. The State shall furnish 100%
18

of the increases taking effect after December 31, 1988.
19

(c) In counties where a state mental health institution,
20
as hereinafter defined, is located, one assistant state's
21
attorney shall, subject to appropriation, receive for his
22
services, payable monthly by the Department of Revenue out of
23
the Personal Property Tax Replacement Fund or the General
24
Revenue Fund to the county in which he is appointed, the
25
following:

26

(1) To each assistant state's attorney in counties

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1

containing less than 10,000 inhabitants, the sum of $2,500
2

per annum;

3

(2) To each assistant state's attorney in counties
4

containing not less than 10,000 inhabitants and not more
5

than 20,000 inhabitants, the sum of $3,500 per annum;

6

(3) To each assistant state's attorney in counties
7

containing not less than 20,000 inhabitants and not more
8

than 30,000 inhabitants, the sum of $4,000 per annum;

9

(4) To each assistant state's attorney in counties
10

containing not less than 30,000 inhabitants and not more
11

than 40,000 inhabitants, the sum of $4,500 per annum;

12

(5) To each assistant state's attorney in counties
13

containing not less than 40,000 inhabitants and not more
14

than 70,000 inhabitants, the sum of $5,000 per annum;

15

(6) To each assistant state's attorney in counties
16

containing not less than 70,000 inhabitants and not more
17

than 1,000,000 inhabitants, the sum of $6,000 per annum.
18

(d) The population of all counties for the purpose of
19
fixing salaries as herein provided shall be based upon the
20
last Federal census immediately previous to the appointment of
21
an assistant state's attorney in each county.
22

(e) At the request of the county governing authority, in
23
counties where one or more state correctional institutions, as
24
hereinafter defined, are located, one or more assistant
25
state's attorneys shall, subject to appropriation, receive for
26
their services, provided that such services are performed in

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LRB104 19292 RTM 32738 b
1
connection with the state correctional institution, payable
2
monthly by the Department of Revenue out of the Personal
3
Property Tax Replacement Fund or the General Revenue Fund to
4
the county in which they are appointed, the following:

5

(1) $22,000 for each assistant state's attorney in
6

counties with one or more State correctional institutions
7

with a total average daily inmate population in excess of
8

2,000, on the basis of 2 assistant state's attorneys when
9

the total average daily inmate population exceeds 2,000
10

but is less than 4,000; and 3 assistant state's attorneys
11

when such population exceeds 4,000; with reimbursement to
12

be based on actual services rendered.

13

(2) $15,000 per year for one assistant state's
14

attorney in counties having one or more correctional
15

institutions with a total average daily inmate population
16

of between 750 and 2,000 inmates, with reimbursement to be
17

based on actual services rendered.

18

(3) A maximum of $12,000 per year for one assistant
19

state's attorney in counties having less than 750 inmates,
20

with reimbursement to be based on actual services
21

rendered.

22

Upon application of the county governing authority and
23

certification of the State's Attorney, the Director of
24

Corrections may, in his discretion and subject to
25

appropriation, increase the amount of salary reimbursement
26

to a county in the event special circumstances require the

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1

county to incur extraordinary salary expenditures as a
2

result of services performed in connection with State
3

correctional institutions in that county.
4

In determining whether or not to increase the amount of
5
salary reimbursement, the Director shall consider, among other
6
matters:

7

(1) the nature of the services rendered;

8

(2) the results or dispositions obtained;

9

(3) whether or not the county was required to employ
10

additional attorney personnel as a direct result of the
11

services actually rendered in connection with a particular
12

service to a State correctional institution.
13

(f) In counties where a State senior institution of higher
14
education is located, the assistant state's attorneys
15
specified by this Section shall, subject to appropriation,
16
receive for their services, payable monthly by the Department
17
of Revenue out of the Personal Property Tax Replacement Fund
18
or the General Revenue Fund to the county in which appointed,
19
the following:

20

(1) $14,000 per year each for employment on a full
21

time basis for 2 assistant state's attorneys in counties
22

having a State university or State universities with
23

combined full time enrollment of more than 15,000
24

students.

25

(2) $7,200 per year for one assistant state's attorney
26

with no limitation on other practice in counties having a

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LRB104 19292 RTM 32738 b
1

State university or State universities with combined full
2

time enrollment of 10,000 to 15,000 students.

3

(3) $4,000 per year for one assistant state's attorney
4

with no limitation on other practice in counties having a
5

State university or State universities with combined full
6

time enrollment of less than 10,000 students.
7

Such salaries shall be paid to the state's attorney and
8
the assistant state's attorney in equal monthly installments
9
by such county out of the county treasury provided that,
10
subject to appropriation, the Department of Revenue shall
11
reimburse each county monthly, out of the Personal Property
12
Tax Replacement Fund or the General Revenue Fund, the amount
13
of such salary. This Section shall not prevent the payment of
14
such additional compensation to the state's attorney or
15
assistant state's attorney of any county, out of the treasury
16
of that county as may be provided by law.
17

(g) For purposes of this Section, "State mental health
18
institution" means any institution under the jurisdiction of
19
the Department of Human Services that is listed in Section 4 of
20
the Mental Health and Developmental Disabilities
21
Administrative Act.
22

For purposes of this Section, "State correctional
23
institution" means any facility of the Department of
24
Corrections including adult facilities, juvenile facilities,
25
pre-release centers, community correction centers, and work
26
camps.

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LRB104 19292 RTM 32738 b
1

For purposes of this Section, "State university" means the
2
University of Illinois, Southern Illinois University, Chicago
3
State University, Eastern Illinois University, Governors State
4
University, Illinois State University, Northeastern Illinois
5
University, Northern Illinois University, Western Illinois
6
University, and any public community college which has
7
established a program of interinstitutional cooperation with
8
one of the foregoing institutions whereby a student, after
9
earning an associate degree from the community college,
10
pursues a course of study at the community college campus
11
leading to a baccalaureate degree from the foregoing
12
institution (also known as a "2 Plus 2" degree program).
13

(h) A number of assistant state's attorneys shall be
14
appointed in each county that chooses to participate, as
15
provided in this subsection, for the prosecution of
16
alcohol-related traffic offenses. Each county shall receive
17
monthly a subsidy for payment of the salaries and benefits of
18
these assistant state's attorneys from State funds
19
appropriated to the Department of Revenue out of the Personal
20
Property Tax Replacement Fund or the General Revenue Fund for
21
that purpose. The amounts of subsidies provided by this
22
subsection shall be adjusted for inflation each July 1 using
23
the Consumer Price Index of the Bureau of Labor Statistics of
24
the U.S. Department of Labor.
25

When a county chooses to participate in the subsidy
26
program described in this subsection (h), the number of

HB4832
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LRB104 19292 RTM 32738 b
1
assistant state's attorneys who are prosecuting
2
alcohol-related traffic offenses must increase according to
3
the subsidy provided in this subsection. These appointed
4
assistant state's attorneys shall be in addition to any other
5
assistant state's attorneys assigned to those cases on the
6
effective date of this amendatory Act of the 91st General
7
Assembly, and may not replace those assistant state's
8
attorneys. In counties where the state's attorney is the sole
9
prosecutor, this subsidy shall be used to provide an assistant
10
state's attorney to prosecute alcohol-related traffic offenses
11
along with the state's attorney. In counties where the state's
12
attorney is the sole prosecutor, and in counties where a judge
13
presides over cases involving a variety of misdemeanors,
14
including alcohol-related traffic matters, assistant state's
15
attorneys appointed and subsidized by this subsection (h) may
16
also prosecute the different misdemeanor cases at the
17
direction of the state's attorney.
18

Assistant state's attorneys shall be appointed under this
19
subsection in the following number and counties shall receive
20
the following annual subsidies:

21

(1) In counties with fewer than 30,000 inhabitants,
22

one at $35,000.

23

(2) In counties with 30,000 or more but fewer than
24

100,000 inhabitants, one at $45,000.

25

(3) In counties with 100,000 or more but fewer than
26

300,000 inhabitants, 2 at $45,000 each.

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LRB104 19292 RTM 32738 b
1

(4) In counties, other than Cook County, with 300,000
2

or more inhabitants, 4 at $50,000 each.
3

The amounts appropriated under this Section must be
4
segregated by population classification and disbursed monthly.
5

If in any year the amount appropriated for the purposes of
6
this subsection (h) is insufficient to pay all of the
7
subsidies specified in this subsection, the amount
8
appropriated shall first be prorated by the population
9
classifications of this subsection (h) and then among the
10
counties choosing to participate within each of those
11
classifications. If any of the appropriated moneys for each
12
population classification remain at the end of a fiscal year,
13
the remainder of the moneys may be allocated to participating
14
counties that were not fully funded during the course of the
15
year. Nothing in this subsection prohibits 2 or more State's
16
attorneys from combining their subsidies to appoint a joint
17
assistant State's attorney to prosecute alcohol-related
18
traffic offenses in multiple counties. Nothing in this
19
subsection prohibits a State's attorney from appointing an
20
assistant State's attorney by contract or otherwise.
21

(i) Notwithstanding any other provision of this Section,
22
beginning July 1, 2026, each State's Attorney whose term
23
begins after July 1, 2026 shall be compensated at the rate of
24
100% of the mean of the amount paid to the resident circuit
25
judges in the county courthouse for the State's Attorney. The
26
amount shall be calculated on July 1 of each calendar year,

HB4832
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LRB104 19292 RTM 32738 b
1
thereafter. The State shall furnish 66 2/3% of the total
2
annual compensation to be paid to each State's Attorney in the
3
State based on the salary in effect on December 31, 1988, and
4
100% of the increases in salary taking effect after December
5
31, 1988. The amount shall be paid from the Personal Property
6
Tax Replacement Fund. The moneys shall be deposited by the
7
county treasurer into a fund dedicated for that purpose. The
8
county shall be responsible for the State and federal income
9
tax reporting and withholding and the employer contributions
10
under the Illinois Pension Code on the moneys received under
11
this subsection.
12
(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)

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