97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0554

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-9005  from Ch. 34, par. 3-9005

    Amends the Counties Code. Makes a technical change in a Section concerning the powers and duties of State's attorneys.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
53-9005 as follows:
 
6    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
7    Sec. 3-9005. Powers and duties of State's attorney.
8    (a) The The duty of each State's attorney shall be:
9        (1) To commence and prosecute all actions, suits,
10    indictments and prosecutions, civil and criminal, in the
11    circuit court for his county, in which the people of the
12    State or county may be concerned.
13        (2) To prosecute all forfeited bonds and
14    recognizances, and all actions and proceedings for the
15    recovery of debts, revenues, moneys, fines, penalties and
16    forfeitures accruing to the State or his county, or to any
17    school district or road district in his county; also, to
18    prosecute all suits in his county against railroad or
19    transportation companies, which may be prosecuted in the
20    name of the People of the State of Illinois.
21        (3) To commence and prosecute all actions and
22    proceedings brought by any county officer in his official
23    capacity.

 

 

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1        (4) To defend all actions and proceedings brought
2    against his county, or against any county or State officer,
3    in his official capacity, within his county.
4        (5) To attend the examination of all persons brought
5    before any judge on habeas corpus, when the prosecution is
6    in his county.
7        (6) To attend before judges and prosecute charges of
8    felony or misdemeanor, for which the offender is required
9    to be recognized to appear before the circuit court, when
10    in his power so to do.
11        (7) To give his opinion, without fee or reward, to any
12    county officer in his county, upon any question or law
13    relating to any criminal or other matter, in which the
14    people or the county may be concerned.
15        (8) To assist the attorney general whenever it may be
16    necessary, and in cases of appeal from his county to the
17    Supreme Court, to which it is the duty of the attorney
18    general to attend, he shall furnish the attorney general at
19    least 10 days before such is due to be filed, a manuscript
20    of a proposed statement, brief and argument to be printed
21    and filed on behalf of the people, prepared in accordance
22    with the rules of the Supreme Court. However, if such
23    brief, argument or other document is due to be filed by law
24    or order of court within this 10 day period, then the
25    State's attorney shall furnish such as soon as may be
26    reasonable.

 

 

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1        (9) To pay all moneys received by him in trust, without
2    delay, to the officer who by law is entitled to the custody
3    thereof.
4        (10) To notify, by first class mail, complaining
5    witnesses of the ultimate disposition of the cases arising
6    from an indictment or an information.
7        (11) To perform such other and further duties as may,
8    from time to time, be enjoined on him by law.
9        (12) To appear in all proceedings by collectors of
10    taxes against delinquent taxpayers for judgments to sell
11    real estate, and see that all the necessary preliminary
12    steps have been legally taken to make the judgment legal
13    and binding.
14        (13) To notify, by first-class mail, the State
15    Superintendent of Education, the applicable regional
16    superintendent of schools, and the superintendent of the
17    employing school district or the chief school
18    administrator of the employing nonpublic school, if any,
19    upon the conviction of any individual known to possess a
20    certificate issued pursuant to Article 21 of the School
21    Code of any offense set forth in Section 21-23a of the
22    School Code or any other felony conviction, providing the
23    name of the certificate holder, the fact of the conviction,
24    and the name and location of the court where the conviction
25    occurred. The certificate holder must also be
26    contemporaneously sent a copy of the notice.

 

 

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1    (b) The State's Attorney of each county shall have
2authority to appoint one or more special investigators to serve
3subpoenas, make return of process and conduct investigations
4which assist the State's Attorney in the performance of his
5duties. A special investigator shall not carry firearms except
6with permission of the State's Attorney and only while carrying
7appropriate identification indicating his employment and in
8the performance of his assigned duties.
9    Subject to the qualifications set forth in this subsection,
10special investigators shall be peace officers and shall have
11all the powers possessed by investigators under the State's
12Attorneys Appellate Prosecutor's Act.
13    No special investigator employed by the State's Attorney
14shall have peace officer status or exercise police powers
15unless he or she successfully completes the basic police
16training course mandated and approved by the Illinois Law
17Enforcement Training Standards Board or such board waives the
18training requirement by reason of the special investigator's
19prior law enforcement experience or training or both. Any
20State's Attorney appointing a special investigator shall
21consult with all affected local police agencies, to the extent
22consistent with the public interest, if the special
23investigator is assigned to areas within that agency's
24jurisdiction.
25    Before a person is appointed as a special investigator, his
26fingerprints shall be taken and transmitted to the Department

 

 

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1of State Police. The Department shall examine its records and
2submit to the State's Attorney of the county in which the
3investigator seeks appointment any conviction information
4concerning the person on file with the Department. No person
5shall be appointed as a special investigator if he has been
6convicted of a felony or other offense involving moral
7turpitude. A special investigator shall be paid a salary and be
8reimbursed for actual expenses incurred in performing his
9assigned duties. The county board shall approve the salary and
10actual expenses and appropriate the salary and expenses in the
11manner prescribed by law or ordinance.
12    (c) The State's Attorney may request and receive from
13employers, labor unions, telephone companies, and utility
14companies location information concerning putative fathers and
15noncustodial parents for the purpose of establishing a child's
16paternity or establishing, enforcing, or modifying a child
17support obligation. In this subsection, "location information"
18means information about (i) the physical whereabouts of a
19putative father or noncustodial parent, (ii) the putative
20father or noncustodial parent's employer, or (iii) the salary,
21wages, and other compensation paid and the health insurance
22coverage provided to the putative father or noncustodial parent
23by the employer of the putative father or noncustodial parent
24or by a labor union of which the putative father or
25noncustodial parent is a member.
26    (d) For each State fiscal year, the State's Attorney of

 

 

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1Cook County shall appear before the General Assembly and
2request appropriations to be made from the Capital Litigation
3Trust Fund to the State Treasurer for the purpose of providing
4assistance in the prosecution of capital cases in Cook County
5and for the purpose of providing assistance to the State in
6post-conviction proceedings in capital cases under Article 122
7of the Code of Criminal Procedure of 1963 and in relation to
8petitions filed under Section 2-1401 of the Code of Civil
9Procedure in relation to capital cases. The State's Attorney
10may appear before the General Assembly at other times during
11the State's fiscal year to request supplemental appropriations
12from the Trust Fund to the State Treasurer.
13    (e) The State's Attorney shall have the authority to enter
14into a written agreement with the Department of Revenue for
15pursuit of civil liability under Section 17-1a of the Criminal
16Code of 1961 against persons who have issued to the Department
17checks or other orders in violation of the provisions of
18paragraph (d) of subsection (B) of Section 17-1 of the Criminal
19Code of 1961, with the Department to retain the amount owing
20upon the dishonored check or order along with the dishonored
21check fee imposed under the Uniform Penalty and Interest Act,
22with the balance of damages, fees, and costs collected under
23Section 17-1a of the Criminal Code of 1961 to be retained by
24the State's Attorney. The agreement shall not affect the
25allocation of fines and costs imposed in any criminal
26prosecution.

 

 

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1(Source: P.A. 96-431, eff. 8-13-09.)