Public Act 099-0208
 
SB0809 EnrolledLRB099 05872 MRW 25920 b


  
    AN ACT concerning criminal law.
  
 
    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 Sections 3, 7.06, and 9.02 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 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) An annual election of members of the board
shall be 
held within 30 days prior or subsequent to the beginning of the 
fiscal 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 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. 96-900, eff. 5-28-10.)

 



    (725 ILCS 210/7.06)  (from Ch. 14, par. 207.06)



    Sec. 7.06. 
(a) The Director may contract for or employ 
part-time such investigators to
provide
investigative services 
in criminal cases and tax objection cases for staff
counsel and 
county state's attorneys. Investigators may be authorized by

the board to carry tear gas gun projectors or bombs, pistols, 
revolvers,
stun guns, tasers or other firearms.

    Subject to the qualifications set forth below, 
investigators shall be
peace officers and shall have all the 
powers possessed by policemen in
cities and by sheriffs; 
provided, that investigators shall exercise such
powers 
anywhere in the State only after contact and in cooperation 
with the
appropriate local law enforcement agencies, unless the 
contact and cooperation would compromise an investigation in 
which they have a personal involvement.

    No investigator 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
investigator's prior 
law enforcement experience or training or both.

    The board shall not waive the training requirement unless 
the
investigator has had a minimum of 5 years experience as a 
sworn officer of
a local, state or federal law enforcement 
agency, 2 of which shall have
been in an investigatory 
capacity.

    (b) The Director must authorize to each investigator 
contracted or employed under this
Section and
to any other 
employee of the Office exercising the powers of a peace officer 
a
distinct
badge that, on its face, (i) clearly states that the 
badge is authorized by the
Office and (ii)
contains a
unique 
identifying number.
No other badge shall be authorized by
the 
Office. Nothing in this subsection prohibits the Director from 
issuing shields or other distinctive identification to 
employees not exercising the powers of a peace officer if the 
Director determines that a shield or distinctive 
identification is necessary for the employee to carry out his 
or her duties and responsibilities. 

(Source: P.A. 96-900, eff. 5-28-10; 97-1012, eff. 8-17-12.)

 



    (725 ILCS 210/9.02)  (from Ch. 14, par. 209.02)



    Sec. 9.02. 
Within 90 30 days after the appropriation 
becomes law, the
board shall allocate the county shares of the 
expenses
to the participating counties
in proportion to 
population.

(Source: P.A. 84-1062.)

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