Illinois General Assembly - Full Text of SB1398
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Full Text of SB1398  93rd General Assembly

SB1398 93rd General Assembly


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 1        AN ACT concerning counties.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Counties  Code  is amended by changing
 5    Section 3-9005 as follows:

 6        (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
 7        Sec. 3-9005.  Powers and duties of State's attorney.
 8        (a)  The duty of each State's attorney shall be:
 9             (1)  To commence and prosecute all  actions,  suits,
10        indictments  and prosecutions, civil and criminal, in the
11        circuit court for his county, in which the people of  the
12        State or county may be concerned.
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 his county, or to
17        any school district or road district in his county; also,
18        to prosecute all suits in his county against railroad  or
19        transportation  companies, which may be prosecuted in the
20        name of the People of the State of Illinois.
21             (3)  To  commence  and  prosecute  all  actions  and
22        proceedings brought by any county officer in his official
23        capacity.
24             (4)  To defend all actions and  proceedings  brought
25        against  his  county,  or  against  any  county  or State
26        officer, in his official capacity, within his county.
27             (5)  To  attend  the  examination  of  all   persons
28        brought  before  any  judge  on  habeas  corpus, when the
29        prosecution is in his county.
30             (6)  To attend before judges and  prosecute  charges
31        of  felony  or  misdemeanor, for which an the offender is
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 1        required to be recognized to appear  before  the  circuit
 2        court, when in his power so to do.
 3             (7)  To  give his opinion, without fee or reward, to
 4        any county officer in his county, upon  any  question  or
 5        law  relating  to  any criminal or other matter, in which
 6        the people or the county may be concerned.
 7             (8)  To assist the attorney general whenever it  may
 8        be  necessary,  and in cases of appeal from his county to
 9        the Supreme Court,  to  which  it  is  the  duty  of  the
10        attorney general to attend, he shall furnish the attorney
11        general  at least 10 days before such is due to be filed,
12        a manuscript of a proposed statement, brief and  argument
13        to be printed and filed on behalf of the people, prepared
14        in  accordance  with  the  rules  of  the  Supreme Court.
15        However, if such brief, argument or other document is due
16        to be filed by law or order of court within this  10  day
17        period,  then  the State's attorney shall furnish such as
18        soon as may be reasonable.
19             (9)  To pay all moneys received  by  him  in  trust,
20        without  delay,  to the officer who by law is entitled to
21        the custody thereof.
22             (10)  To notify, by first  class  mail,  complaining
23        witnesses  of  the  ultimate  disposition  of  the  cases
24        arising from an indictment or an information.
25             (11)  To  perform  such  other and further duties as
26        may, from time to time, be enjoined on him by law.
27             (12)  To appear in all proceedings by collectors  of
28        taxes  against delinquent taxpayers for judgments to sell
29        real estate, and see that all the  necessary  preliminary
30        steps  have been legally taken to make the judgment legal
31        and binding.
32        (b)  The State's  Attorney  of  each  county  shall  have
33    authority  to  appoint  one  or more special investigators to
34    serve  subpoenas,  make  return  of   process   and   conduct
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 1    investigations  which  assist  the  State's  Attorney  in the
 2    performance of his duties.  A special investigator shall  not
 3    carry firearms except with permission of the State's Attorney
 4    and only while carrying appropriate identification indicating
 5    his employment and in the performance of his assigned duties.
 6        Subject   to   the   qualifications  set  forth  in  this
 7    subsection, special investigators shall be peace officers and
 8    shall have all the powers possessed  by  investigators  under
 9    the State's Attorneys Appellate Prosecutor's Act.
10        No  special investigator employed by the State's Attorney
11    shall have peace officer status  or  exercise  police  powers
12    unless  he  or  she  successfully  completes the basic police
13    training course mandated and approved  by  the  Illinois  Law
14    Enforcement Training Standards Board or such board waives the
15    training  requirement by reason of the special investigator's
16    prior law enforcement experience or  training  or  both.  Any
17    State's  Attorney  appointing  a  special  investigator shall
18    consult with all  affected  local  police  agencies,  to  the
19    extent  consistent  with  the public interest, if the special
20    investigator  is  assigned  to  areas  within  that  agency's
21    jurisdiction.
22        Before a person is appointed as a  special  investigator,
23    his  fingerprints  shall  be  taken  and  transmitted  to the
24    Department of State Police.  The Department shall examine its
25    records and submit to the State's Attorney of the  county  in
26    which  the  investigator  seeks  appointment  any  conviction
27    information   concerning   the   person   on  file  with  the
28    Department.  No  person  shall  be  appointed  as  a  special
29    investigator if he has been convicted of a  felony  or  other
30    offense  involving  moral  turpitude.  A special investigator
31    shall be paid a salary and be reimbursed for actual  expenses
32    incurred in performing his assigned duties.  The county board
33    shall  approve the salary and actual expenses and appropriate
34    the salary and expenses in the manner prescribed  by  law  or
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 1    ordinance.
 2        (c)  The  State's  Attorney  may request and receive from
 3    employers, labor unions,  telephone  companies,  and  utility
 4    companies  location  information  concerning putative fathers
 5    and noncustodial parents for the purpose  of  establishing  a
 6    child's  paternity or establishing, enforcing, or modifying a
 7    child support  obligation.   In  this  subsection,  "location
 8    information"   means   information  about  (i)  the  physical
 9    whereabouts of a putative father or noncustodial parent, (ii)
10    the putative father or  noncustodial  parent's  employer,  or
11    (iii)  the salary, wages, and other compensation paid and the
12    health insurance coverage provided to the putative father  or
13    noncustodial parent by the employer of the putative father or
14    noncustodial parent or by a labor union of which the putative
15    father or noncustodial parent is a member.
16        (d)  For  each State fiscal year, the State's Attorney of
17    Cook County shall appear  before  the  General  Assembly  and
18    request appropriations to be made from the Capital Litigation
19    Trust  Fund  to  the  State  Treasurer  for  the  purpose  of
20    providing  assistance  in the prosecution of capital cases in
21    Cook County.  The State's  Attorney  may  appear  before  the
22    General  Assembly  at  other  times during the State's fiscal
23    year to request supplemental appropriations  from  the  Trust
24    Fund to the State Treasurer.
25        (e)  The  State's  Attorney  shall  have the authority to
26    enter into a written agreement with the Department of Revenue
27    for pursuit of civil liability under  Section  17-1a  of  the
28    Criminal  Code of 1961 against persons who have issued to the
29    Department  checks  or  other  orders  in  violation  of  the
30    provisions of paragraph (d) of subsection (B) of Section 17-1
31    of the Criminal Code of 1961, with the Department  to  retain
32    the  amount  owing  upon  the dishonored check or order along
33    with the dishonored  check  fee  imposed  under  the  Uniform
34    Penalty  and Interest Act, with the balance of damages, fees,
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 1    and costs collected under Section 17-1a of the Criminal  Code
 2    of  1961  to  be  retained  by  the  State's  Attorney.   The
 3    agreement  shall not affect the allocation of fines and costs
 4    imposed in any criminal prosecution.
 5    (Source: P.A. 91-589, eff. 1-1-00; 92-492, eff. 1-1-02.)