96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5911


 
Introduced 2/10/2010, by Rep. Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:
 		





 


  



20 ILCS 2505/2505-305
  was 20 ILCS 2505/39b15.1








     Amends the Department of Revenue Law of the
Civil Administrative Code of Illinois. Provides that if a Department of Revenue investigator, except an investigator appointed to enforce taxing or other measures under the Liquor Control Act of 1934, discovers any criminal offense or violation unrelated to taxing or other measures administered by the Department, then the investigator may exercise the powers of a police officer if (i) the criminal offense or violation creates a threat to the life or safety of the investigator or any other person and (ii) the investigator notifies the proper local or State law enforcement agency as soon as it is practical. Effective immediately.
  















LRB096 18159 HLH 33534 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5911

LRB096 18159 HLH 33534 b





  
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    AN ACT concerning State government.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Department of Revenue Law of the
Civil 
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Administrative Code of Illinois is amended  by changing Section 
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2505-305 as follows:
 



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    (20 ILCS 2505/2505-305)  (was 20 ILCS 2505/39b15.1)



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    Sec. 2505-305. Investigators. 

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    (a) The Department has the power to
appoint investigators 
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to conduct all investigations,
searches, seizures, arrests, 
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and other duties imposed under the provisions
of any law 
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administered by the Department.

Except as provided in 
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subsection (c), these investigators have
and
may exercise all 
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the powers of peace officers solely for the purpose of

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enforcing taxing or other measures administered by the 
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Department.

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    (a-5) In addition to the powers provided in subsection (a), 
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if an investigator, except an investigator appointed to enforce 
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taxing or other measures under the Liquor Control Act of 1934, 
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discovers any criminal offense or violation unrelated to taxing 
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or other measures administered by the Department, then the 
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investigator may exercise the powers of a police officer if (i) 
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the criminal offense or violation creates a threat to the life 
 


 






HB5911
- 2 -
LRB096 18159 HLH 33534 b




1
or safety of the investigator or any other person and (ii) the 
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investigator notifies the proper local or State law enforcement 
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agency as soon as it is practical. 
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    (b) The Director must authorize to each investigator 
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employed under this
Section and
to any other employee of the 
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Department exercising the powers of a peace
officer a
distinct 
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badge that, on its face, (i) clearly states that the badge is

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authorized
by the
Department and (ii)
contains a unique 
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identifying number.
No other badge shall be authorized by
the 
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Department.

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    (c) The Department may enter into agreements with the 
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Illinois Gaming Board providing that investigators appointed 
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under this Section shall exercise the peace officer powers set 
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forth in paragraph (20.6) of subsection (c) of Section 5 of the 
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Riverboat Gambling Act.


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(Source: P.A. 96-37, eff. 7-13-09.)

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