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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||||||
5 | Sections 3-9005 and 5-1069.3 as follows:
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6 | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
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7 | Sec. 3-9005. Powers and duties of State's Attorney.
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8 | (a) The duty of each State's Attorney shall be:
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9 | (1) To commence and prosecute all actions, suits, | |||||||||||||||||||||||
10 | indictments and
prosecutions, civil and criminal, in the | |||||||||||||||||||||||
11 | circuit court for the county,
in which the people of the | |||||||||||||||||||||||
12 | State or county may be concerned.
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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 the county, or
to any | |||||||||||||||||||||||
17 | school district or road district in the county; also, to
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18 | prosecute all suits in the county against railroad or | |||||||||||||||||||||||
19 | transportation
companies, which may be prosecuted in the | |||||||||||||||||||||||
20 | name of the People of the
State of Illinois.
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21 | (3) To commence and prosecute all actions and | |||||||||||||||||||||||
22 | proceedings brought by
any county officer in the county | |||||||||||||||||||||||
23 | officer's official capacity.
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1 | (4) To defend all actions and proceedings brought | ||||||
2 | against the
county, or against any county or State | ||||||
3 | officer, in the county or State officer's official
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4 | capacity, within the county.
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5 | (5) To attend the examination of all persons brought | ||||||
6 | before any judge
on habeas corpus, when the prosecution is | ||||||
7 | in the county.
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8 | (6) To attend before judges and prosecute charges of | ||||||
9 | felony or
misdemeanor, for which the offender is required | ||||||
10 | to be recognized to appear
before the circuit court, when | ||||||
11 | in the State's Attorney's power so to do.
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12 | (7) To give the State's Attorney's opinion, without | ||||||
13 | fee or reward, to any county officer
in the county, upon | ||||||
14 | any question or law relating to any criminal or other
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15 | matter, in which the people or the county may be | ||||||
16 | concerned.
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17 | (8) To assist the Attorney General whenever it may be | ||||||
18 | necessary, and in
cases of appeal from the county to the | ||||||
19 | Supreme Court, to which it is the
duty of the Attorney | ||||||
20 | General to attend, the State's Attorney shall furnish the | ||||||
21 | Attorney General
at least 10 days before such is due to be | ||||||
22 | filed, a manuscript of a proposed
statement, brief and | ||||||
23 | argument to be printed and filed on behalf of the people,
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24 | prepared in accordance with the rules of the Supreme | ||||||
25 | Court. However, if
such brief, argument or other document | ||||||
26 | is due to be filed by law or order
of court within this |
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1 | 10-day period, then the State's Attorney shall furnish
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2 | such as soon as may be reasonable.
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3 | (9) To pay all moneys received by the State's Attorney | ||||||
4 | in trust, without delay, to the
officer who by law is | ||||||
5 | entitled to the custody thereof.
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6 | (10) To notify, by first class mail, complaining | ||||||
7 | witnesses of the ultimate
disposition of the cases arising | ||||||
8 | from an indictment or an information.
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9 | (11) To perform such other and further duties as may, | ||||||
10 | from time to time,
be enjoined on the State's Attorney by | ||||||
11 | law.
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12 | (12) To appear in all proceedings by collectors of | ||||||
13 | taxes against
delinquent taxpayers for judgments to sell | ||||||
14 | real estate, and see that all the
necessary preliminary | ||||||
15 | steps have been legally taken to make the judgment legal
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16 | and binding.
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17 | (13) To notify, by first-class mail, the State | ||||||
18 | Superintendent of Education, the applicable regional | ||||||
19 | superintendent of schools, and the superintendent of the | ||||||
20 | employing school district or the chief school | ||||||
21 | administrator of the employing nonpublic school, if any, | ||||||
22 | upon the conviction of any individual known to possess a | ||||||
23 | certificate or license issued pursuant to Article 21 or | ||||||
24 | 21B, respectively, of the School Code of any offense set | ||||||
25 | forth in Section 21B-80 of the School Code or any other | ||||||
26 | felony conviction, providing the name of the certificate |
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1 | holder, the fact of the conviction, and the name and | ||||||
2 | location of the court where the conviction occurred. The | ||||||
3 | certificate holder must also be contemporaneously sent a | ||||||
4 | copy of the notice. | ||||||
5 | (b) The State's Attorney of each county shall have | ||||||
6 | authority to
appoint one or more special investigators to | ||||||
7 | serve subpoenas and summonses, make return
of process, and | ||||||
8 | conduct investigations which assist the State's Attorney in
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9 | the performance of the State's Attorney duties. In counties of | ||||||
10 | the first and second class, the fees for service of subpoenas | ||||||
11 | and summonses are allowed by this Section and shall be | ||||||
12 | consistent with those set forth in Section 4-5001 of this Act, | ||||||
13 | except when increased by county ordinance as provided for in | ||||||
14 | Section 4-5001. In counties of the third class, the fees for | ||||||
15 | service of subpoenas and summonses are allowed by this Section | ||||||
16 | and shall be consistent with those set forth in Section | ||||||
17 | 4-12001 of this Act. A special investigator shall not carry
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18 | firearms except with permission of the State's Attorney and | ||||||
19 | only while
carrying appropriate identification indicating the | ||||||
20 | special investigator's employment and in the
performance of | ||||||
21 | the special investigator's assigned duties .
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22 | Subject to the qualifications set forth in this | ||||||
23 | subsection, special
investigators shall be peace officers and | ||||||
24 | shall have all the powers possessed
by investigators under the | ||||||
25 | State's Attorneys Appellate Prosecutor's Act.
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26 | No special investigator employed by the State's Attorney |
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1 | shall have peace
officer status or exercise police powers | ||||||
2 | unless the special investigator successfully
completes the | ||||||
3 | basic police training course mandated and approved by the
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4 | Illinois Law Enforcement Training Standards Board or such
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5 | board waives the training requirement by reason of the special
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6 | investigator's prior law enforcement experience or training or | ||||||
7 | both. Any
State's Attorney appointing a special investigator | ||||||
8 | shall consult with all
affected local police agencies, to the | ||||||
9 | extent consistent with the public
interest, if the special | ||||||
10 | investigator is assigned to areas within that
agency's | ||||||
11 | jurisdiction.
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12 | Before a person is appointed as a special investigator, | ||||||
13 | the person's
fingerprints shall be taken and transmitted to | ||||||
14 | the Department of State
Police. The Department shall examine | ||||||
15 | its records and submit to the State's
Attorney of the county in | ||||||
16 | which the investigator seeks appointment any
conviction | ||||||
17 | information concerning the person on file with the Department.
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18 | No person shall be appointed as a special investigator if the | ||||||
19 | person has been
convicted of a felony or other offense | ||||||
20 | involving moral turpitude. A
special investigator shall be | ||||||
21 | paid a salary and be reimbursed for actual
expenses incurred | ||||||
22 | in performing the special investigator's assigned duties. The | ||||||
23 | county board
shall approve the salary and actual expenses and | ||||||
24 | appropriate the salary
and expenses in the manner prescribed | ||||||
25 | by law or ordinance.
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26 | A State's Attorney shall require annual mental health |
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1 | wellness checks for each special investigator appointed. The | ||||||
2 | annual mental health wellness checks for special investigators | ||||||
3 | shall be provided through the health insurance provided to | ||||||
4 | State's Attorney employees at no cost to the county or State's | ||||||
5 | Attorney's office. | ||||||
6 | (c) The State's
Attorney may request and receive from | ||||||
7 | employers, labor unions, telephone
companies, and utility | ||||||
8 | companies
location information concerning putative fathers and | ||||||
9 | noncustodial parents for
the purpose of establishing a child's | ||||||
10 | paternity or establishing, enforcing, or
modifying a child | ||||||
11 | support obligation. In this subsection, "location
information"
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12 | means information about (i) the physical whereabouts of a | ||||||
13 | putative father or
noncustodial parent, (ii) the putative | ||||||
14 | father or noncustodial parent's
employer, or
(iii) the salary, | ||||||
15 | wages, and other
compensation paid and the health insurance | ||||||
16 | coverage provided to the putative
father or noncustodial | ||||||
17 | parent by the employer of the putative father or
noncustodial | ||||||
18 | parent
or by a labor union of which the putative father or | ||||||
19 | noncustodial parent is a
member.
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20 | (d) (Blank).
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21 | (e) The State's Attorney shall have the authority to enter | ||||||
22 | into a written
agreement with the Department of Revenue for | ||||||
23 | pursuit of civil
liability under subsection (E) of Section | ||||||
24 | 17-1 of the Criminal Code of 2012 against persons who
have | ||||||
25 | issued to the Department checks or other orders in violation | ||||||
26 | of the
provisions of paragraph (1) of subsection (B) of |
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1 | Section 17-1 of the Criminal
Code of 2012, with the Department | ||||||
2 | to retain the amount owing upon the
dishonored check or order | ||||||
3 | along with the dishonored check fee imposed under the
Uniform | ||||||
4 | Penalty and Interest Act, with the balance of damages, fees, | ||||||
5 | and costs
collected under subsection (E) of Section 17-1 of | ||||||
6 | the Criminal Code of 2012 or under Section 17-1a of that Code | ||||||
7 | to be retained by
the State's Attorney. The agreement shall | ||||||
8 | not affect the allocation of fines
and costs imposed in any | ||||||
9 | criminal prosecution.
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10 | (f) In a county with less than 2,000,000 inhabitants, and | ||||||
11 | only upon receipt of a written request by the superintendent | ||||||
12 | of the county Veterans Assistance Commission for the county in | ||||||
13 | which the State's Attorney is located, the State's Attorney | ||||||
14 | shall have the discretionary authority to render an opinion, | ||||||
15 | without fee or reward, upon any question of law relating to a | ||||||
16 | matter in which the county Veterans Assistance Commission may | ||||||
17 | be concerned. The State's Attorney shall have the discretion | ||||||
18 | to grant or decline such a request. | ||||||
19 | (Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
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20 | (55 ILCS 5/5-1069.3)
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21 | Sec. 5-1069.3. Required health benefits. If a county, | ||||||
22 | including a home
rule
county, is a self-insurer for purposes | ||||||
23 | of providing health insurance coverage
for its employees, the | ||||||
24 | coverage shall include coverage for the post-mastectomy
care | ||||||
25 | benefits required to be covered by a policy of accident and |
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1 | health
insurance under Section 356t and the coverage required | ||||||
2 | under Sections 356g, 356g.5, 356g.5-1, 356q, 356u,
356w, 356x, | ||||||
3 | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||||||
4 | 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, | ||||||
5 | 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, | ||||||
6 | 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, and 356z.53 and | ||||||
7 | 356z.43 of
the Illinois Insurance Code. The coverage shall | ||||||
8 | comply with Sections 155.22a, 355b, 356z.19, and 370c of
the | ||||||
9 | Illinois Insurance Code. The Department of Insurance shall | ||||||
10 | enforce the requirements of this Section. The requirement that | ||||||
11 | health benefits be covered
as provided in this Section is an
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12 | exclusive power and function of the State and is a denial and | ||||||
13 | limitation under
Article VII, Section 6, subsection (h) of the | ||||||
14 | Illinois Constitution. A home
rule county to which this | ||||||
15 | Section applies must comply with every provision of
this | ||||||
16 | Section.
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17 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
18 | any, is conditioned on the rules being adopted in accordance | ||||||
19 | with all provisions of the Illinois Administrative Procedure | ||||||
20 | Act and all rules and procedures of the Joint Committee on | ||||||
21 | Administrative Rules; any purported rule not so adopted, for | ||||||
22 | whatever reason, is unauthorized. | ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; | ||||||
24 | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. | ||||||
25 | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, | ||||||
26 | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; |
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1 | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised | ||||||
2 | 10-26-21.)
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3 | Section 10. The Illinois Insurance Code is amended by | ||||||
4 | adding Section 356z.53 as follows: | ||||||
5 | (215 ILCS 5/356z.53 new) | ||||||
6 | Sec. 356z.53. Coverage for annual mental health wellness | ||||||
7 | checks for State's Attorney special investigators. A group or | ||||||
8 | individual policy of accident and health insurance (or a | ||||||
9 | managed care plan) that is amended, delivered, issued, or | ||||||
10 | renewed on or after January 1, 2023 shall provide coverage for | ||||||
11 | annual mental health wellness checks for State's Attorney | ||||||
12 | special investigators. A policy subject to this Section shall | ||||||
13 | not impose a deductible, coinsurance, copayment, or any other | ||||||
14 | cost-sharing requirement on the coverage provided and provide | ||||||
15 | the coverage at no additional cost to the county or State's | ||||||
16 | Attorney's office that provides the insurance for the special | ||||||
17 | investigators. |