HB1400 99TH GENERAL ASSEMBLY

LRB099 00145 JLK 20145 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1400

Introduced , by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-6019	from Ch. 34, par. 3-6019
65 ILCS 5/3.1-30-30 new

Amends the Counties Code and the Illinois Municipal Code. Requires the corporate authorities of a municipality with a population of less than 1,000,000 to adopt an ordinance appointing an inspector general on or before July 1, 2015. Provides that if such an ordinance is not adopted after that date, the sheriff of the county that encompasses the municipality or the majority of its territory shall assume and perform the duties of the inspector general.

A BILL FOR

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 3-6019 as follows:

(55 ILCS 5/3-6019) (from Ch. 34, par. 3-6019)

Sec. 3-6019. Duties of sheriff; office quarters and hours. Sheriffs shall serve and execute, within their respective counties, and return all warrants, process, orders and judgments of every description that may be legally directed or delivered to them. A sheriff of a county with a population of less than 1,000,000 may employ civilian personnel to serve process in civil matters. If an arrest warrant upon complaint under Section 107-9 of the Code of Criminal Procedure of 1963, or a warrant of arrest due to failure to appear under Section 107-12 of the Code, originated from a law enforcement agency other than the county sheriff's office, then the county sheriff of a county with a population of more than 600,000 may require that law enforcement agency to store and maintain the warrant. That law enforcement agency is responsible for entering the warrant into the Illinois Law Enforcement Agencies Data System (LEADS) and the National Crime Information Center Database (NCIC). The county sheriff may require the originating law enforcement agency to arrange for transportation of the wanted person to the county jail. Originating agencies may contract with the county sheriff or another law enforcement agency to store, maintain, and provide transportation of the wanted person to the county jail. Any law enforcement agency or regional dispatch center may act as holder of the warrant for an originating agency that has no telecommunications equipment.

Each sheriff shall keep and maintain his or her office at the county seat of the county for which he or she is the sheriff, and shall in counties having a population of less than 500,000 keep his or her office open and attend to the duties thereof from 8 o'clock in the forenoon to 5 o'clock in the afternoon of each working day, excepting such days and half days as, under any law, are or may be legal holidays, or half holidays. The hours of opening and closing of the office of the sheriff may be changed and otherwise fixed and determined by the county board of such county. Such action taken by the county board shall be by an appropriate resolution passed at a regular meeting.

Each sheriff shall as needed serve as the inspector general to each municipality whose territory lies within, or which has a majority of its territory within, the county to which the sheriff was elected to serve, if an inspector general has not been appointed by that municipality under Section 3.1-30-30 of the Illinois Municipal Code or during a vacancy in that office.

(Source: P.A. 98-250, eff. 8-9-13.)

Section 10. The Illinois Municipal Code is amended by adding Section 3.1-30-30 as follows:

(65 ILCS 5/3.1-30-30 new)

Sec. 3.1-30-30. Appointment of an inspector general. Notwithstanding any other provision of law to the contrary, on or before July 1, 2015, the corporate authorities of a municipality with a population of less than 1,000,000 shall adopt an ordinance authorizing the appointment of an inspector general and shall appoint an inspector general. If no appointment is made on or before July 1, 2015, after that date, and if at any time thereafter there should be a vacancy in the office of inspector general, the duties of that office shall be assumed and performed by the sheriff of the county that encompasses the municipality or a majority of its territory.