Public Act 099-0169
 
SB1734 EnrolledLRB099 08064 AWJ 28210 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Counties Code is amended  by changing Section 
3-9005 as follows:
 


    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)


    Sec. 3-9005. Powers and duties of State's attorney. 

    (a) The duty of each State's attorney shall be:


        (1) To commence and prosecute all actions, suits, 
    indictments and
prosecutions, civil and criminal, in the 
    circuit court for his county,
in which the people of the 
    State or county may be concerned.


        (2) To prosecute all forfeited bonds and 
    recognizances, and all
actions and proceedings for the 
    recovery of debts, revenues, moneys,
fines, penalties and 
    forfeitures accruing to the State or his county, or
to any 
    school district or road district in his county; also, to

    prosecute all suits in his county against railroad or 
    transportation
companies, which may be prosecuted in the 
    name of the People of the
State of Illinois.


        (3) To commence and prosecute all actions and 
    proceedings brought by
any county officer in his official 
    capacity.


        (4) To defend all actions and proceedings brought 
    against his
county, or against any county or State officer, 
    in his official
capacity, within his county.


        (5) To attend the examination of all persons brought 
    before any judge
on habeas corpus, when the prosecution is 
    in his county.


        (6) To attend before judges and prosecute charges of 
    felony or
misdemeanor, for which the offender is required 
    to be recognized to appear
before the circuit court, when 
    in his power so to do.


        (7) To give his opinion, without fee or reward, to any 
    county officer
in his county, upon any question or law 
    relating to any criminal or other
matter, in which the 
    people or the county may be concerned.


        (8) To assist the attorney general whenever it may be 
    necessary, and in
cases of appeal from his county to the 
    Supreme Court, to which it is the
duty of the attorney 
    general to attend, he shall furnish the attorney general
at 
    least 10 days before such is due to be filed, a manuscript 
    of a proposed
statement, brief and argument to be printed 
    and filed on behalf of the people,
prepared in accordance 
    with the rules of the Supreme Court. However, if
such 
    brief, argument or other document is due to be filed by law 
    or order
of court within this 10 day period, then the 
    State's attorney shall furnish
such as soon as may be 
    reasonable.


        (9) To pay all moneys received by him in trust, without 
    delay, to the
officer who by law is entitled to the custody 
    thereof.


        (10) To notify, by first class mail, complaining 
    witnesses of the ultimate
disposition of the cases arising 
    from an indictment or an information.


        (11) To perform such other and further duties as may, 
    from time to time,
be enjoined on him by law.


        (12) To appear in all proceedings by collectors of 
    taxes against
delinquent taxpayers for judgments to sell 
    real estate, and see that all the
necessary preliminary 
    steps have been legally taken to make the judgment legal

    and binding.

        (13) To notify, by first-class mail, the State 
    Superintendent of Education, the applicable regional 
    superintendent of schools, and the superintendent of the 
    employing school district or the chief school 
    administrator of the employing nonpublic school, if any, 
    upon the conviction of any individual known to possess a 
    certificate or license issued pursuant to Article 21 or 
    21B, respectively, of the School Code of any offense set 
    forth in Section 21B-80 of the School Code or any other 
    felony conviction, providing the name of the certificate 
    holder, the fact of the conviction, and the name and 
    location of the court where the conviction occurred. The 
    certificate holder must also be contemporaneously sent a 
    copy of the notice. 
    (b) The State's Attorney of each county shall have 
authority to
appoint one or more special investigators to serve 
subpoenas, summonses, make return
of process, and conduct 
investigations which assist the State's Attorney in
the 
performance of his duties. In counties of the first and second 
class, the fees for service of subpoenas and summonses are 
allowed by this Section and shall be consistent with those set 
forth in Section 4-5001 of this Act, except when increased by 
county ordinance as provided for in Section 4-5001. In counties 
of the third class, the fees for service of subpoenas and 
summonses are allowed by this Section and shall be consistent 
with those set forth in Section 4-12001 of this Act.  A special 
investigator shall not carry
firearms except with permission of 
the State's Attorney and only while
carrying appropriate 
identification indicating his employment and in the

performance of his assigned duties.

    Subject to the qualifications set forth in this subsection, 
special
investigators shall be peace officers and shall have 
all the powers possessed
by investigators under the State's 
Attorneys Appellate Prosecutor's Act.

    No special investigator employed by the State's Attorney 
shall have peace
officer status or exercise police powers 
unless he or she successfully
completes the basic police 
training course mandated and approved by the
Illinois Law 
Enforcement Training Standards Board or such
board waives the 
training requirement by reason of the special
investigator's 
prior law enforcement experience or training or both. Any

State's Attorney appointing a special investigator shall 
consult with all
affected local police agencies, to the extent 
consistent with the public
interest, if the special 
investigator is assigned to areas within that
agency's 
jurisdiction.

    Before a person is appointed as a special investigator, his

fingerprints shall be taken and transmitted to the Department 
of State
Police.  The Department shall examine its records and 
submit to the State's
Attorney of the county in which the 
investigator seeks appointment any
conviction information 
concerning the person on file with the Department.
No person 
shall be appointed as a special investigator if he has been

convicted of a felony or other offense involving moral 
turpitude.  A
special investigator shall be paid a salary and be 
reimbursed for actual
expenses incurred in performing his 
assigned duties.  The county board
shall approve the salary and 
actual expenses and appropriate the salary
and expenses in the 
manner prescribed by law or ordinance.

    (c) The State's
Attorney may request and receive from 
employers, labor unions, telephone
companies, and utility 
companies
location information concerning putative fathers and 
noncustodial parents for
the purpose of establishing a child's 
paternity or establishing, enforcing, or
modifying a child 
support obligation.  In this subsection, "location
information"

means information about (i) the physical whereabouts of a 
putative father or
noncustodial parent, (ii) the putative 
father or noncustodial parent's
employer, or
(iii) the salary, 
wages, and other
compensation paid and the health insurance 
coverage provided to the putative
father or noncustodial parent 
by the employer of the putative father or
noncustodial parent

or by a labor union of which the putative father or 
noncustodial parent is a
member.

    (d) For each State fiscal year, the
State's Attorney of 
Cook County shall appear before the General Assembly and

request appropriations to be made from the Capital Litigation 
Trust Fund to the
State Treasurer for the purpose of providing 
assistance in the prosecution of
capital cases in Cook County 
and for the purpose of providing assistance to the State in 
post-conviction proceedings in capital cases under Article 122 
of the Code of Criminal Procedure of 1963 and in relation to 
petitions filed under Section 2-1401 of the Code of Civil 
Procedure in relation to capital cases.  The State's Attorney 
may appear before the
General Assembly at other times during 
the State's fiscal year to request
supplemental appropriations 
from the Trust Fund to the State Treasurer.

    (e) The State's Attorney shall have the authority to enter 
into a written
agreement with the Department of Revenue for 
pursuit of civil
liability under subsection (E) of Section 17-1 
of the Criminal Code of 2012 against persons who
have issued to 
the Department checks or other orders in violation of the

provisions of paragraph (1) of subsection (B) of Section 17-1 
of the Criminal
Code of 2012, with the Department to retain the 
amount owing upon the
dishonored check or order along with the 
dishonored check fee imposed under the
Uniform Penalty and 
Interest Act, with the balance of damages, fees, and costs

collected under subsection (E) of Section 17-1 of the Criminal 
Code of 2012 or under Section 17-1a of that Code to be retained 
by
the State's Attorney.  The agreement shall not affect the 
allocation of fines
and costs imposed in any criminal 
prosecution.

(Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11; 
97-607, eff. 8-26-11; 97-1150, eff. 1-25-13.)

 
    Section 10. The Code of Civil Procedure is amended  by 
changing Section 2-202 as follows:
 



    (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)


    Sec. 2-202. Persons authorized to serve process; Place of

service; Failure to make return.
    (a) Process shall be served by a
sheriff, or if the sheriff 
is disqualified, by a coroner of some county of the
State. In 
matters where the county or State is an interested party, 
process may be served by a special investigator appointed by 
the State's Attorney of the county, as defined in Section 
3-9005 of the Counties Code.  A sheriff of a county with a 
population of less than 2,000,000
may employ civilian personnel 
to serve process.  In
counties with a population of less than 
2,000,000, process may
be served, without special appointment, 
by a person who is licensed or
registered as a private 
detective under the Private Detective, Private
Alarm,  Private

Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a 
registered
employee of a private detective
agency certified 
under that Act as defined in Section (a-5).  A private detective 
or licensed
employee must supply the sheriff of any county in 
which he serves process
with a copy of his license or 
certificate; however, the failure of a person
to supply the 
copy shall not in any way impair the validity of process
served 
by the person. The court may, in its discretion upon motion, 
order
service to be made by a private person over 18 years of 
age and not a party
to the action.
It is not necessary that 
service be made by a sheriff or
coroner of the county in which 
service is made. If served or sought to be
served by a sheriff 
or coroner, he or she shall endorse his or her return
thereon, 
and if by a private person the return shall be by affidavit.

    (a-5) Upon motion and in its discretion, the court may 
appoint as a
special process
server a
private detective agency 
certified under the Private Detective, Private Alarm,
Private

Security, Fingerprint Vendor, and Locksmith Act of 2004.  Under 
the appointment,
any employee of
the
private detective agency 
who is registered under that Act may serve the
process.  The

motion and the order of appointment must contain the number of 
the certificate
issued to
the private detective agency by the 
Department of Professional Regulation under
the
Private 
Detective, Private Alarm, Private Security, Fingerprint 
Vendor, and Locksmith Act of
2004. A private detective or 
private detective agency shall send, one time only, a copy of 
his, her, or its individual private detective license or 
private detective agency certificate to the county sheriff in 
each county in which the detective or detective agency or his, 
her, or its employees serve process, regardless of size of the 
population of the county. As long as the license or certificate 
is valid and meets the requirements of the Department of 
Financial and Professional Regulation, a new copy of the 
current license or certificate need not be sent to the sheriff.  
A private detective agency shall maintain a list of its 
registered employees.  Registered employees shall consist of:
        (1) an employee who works for the agency holding a 
    valid Permanent Employee Registration Card; 

        (2) a person who has applied for a Permanent Employee 
    Registration Card, has had his or her fingerprints 
    processed and cleared by the Department of State Police and 
    the FBI, and as to whom the Department of Financial and 
    Professional Regulation website shows that the person's 
    application for a Permanent Employee Registration Card is 
    pending;
        (3) a person employed by a private detective agency who 
    is exempt from a Permanent Employee Registration Card 
    requirement because the person is a current peace officer; 
    and
        (4) a private detective who works for a private 
    detective agency as an employee.

A detective agency shall maintain this list and forward it to 
any sheriff's department that requests this list within 5 
business days after the receipt of the request. 
    (b) Summons may be served upon the defendants wherever they 
may be
found in the State, by any person authorized to serve 
process. An officer
may serve summons in his or her official 
capacity outside his or her county,
but fees for mileage 
outside the county of the officer cannot be taxed
as costs. The 
person serving the process in a foreign county may make
return 
by mail.

    (c) If any sheriff, coroner, or other person to whom any 
process is
delivered, neglects or refuses to make return of the 
same, the plaintiff
may petition the court to enter a rule 
requiring the sheriff, coroner,
or other person, to make return 
of the process on a day to be fixed by
the court, or to show 
cause on that day why that person should not be attached
for 
contempt of the court. The plaintiff shall then cause a written

notice of the rule to be served on the sheriff, coroner, or 
other
person. If good and sufficient cause be not shown to 
excuse the officer
or other person, the court shall adjudge him 
or her guilty of a contempt, and
shall impose punishment as in 
other cases of contempt.

    (d) If process is served by a sheriff, or coroner, or 
special investigator appointed by the State's Attorney, the 
court may tax
the fee of the sheriff, or coroner, or State's 
Attorney's special investigator as costs in the proceeding.  If 
process
is served by a private person or entity, the court may 
establish a fee
therefor and tax such fee as costs in the 
proceedings.

    (e) In addition to the powers stated in Section 8.1a of the 
Housing
Authorities Act, in counties with a population of 
3,000,000 or more
inhabitants,
members of a housing authority 
police force may serve process for forcible
entry and detainer 
actions commenced by that housing authority and may execute

orders of possession for that housing authority.

    (f) In counties with a population of 3,000,000 or more, 
process may be
served, with special appointment by the court,

by a private process server or
a law enforcement agency other 
than the county sheriff
in proceedings instituted under the

Forcible Entry and Detainer Article of this Code as a result of 
a lessor or
lessor's assignee declaring a lease void pursuant 
to Section 11 of the
Controlled Substance and Cannabis Nuisance 
Act.

(Source: P.A. 96-1451, eff. 8-20-10; 97-427, eff. 1-1-12.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.