Full Text of HB5749 97th General Assembly
HB5749eng 97TH GENERAL ASSEMBLY |
| | HB5749 Engrossed | | LRB097 17713 RLC 62927 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State's Attorneys Appellate Prosecutor's | 5 | | Act is amended by changing Sections 4.01 and 7.06 as follows:
| 6 | | (725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
| 7 | | Sec. 4.01. The Office and all attorneys employed thereby | 8 | | may
represent the People of the State of Illinois on appeal in | 9 | | all cases
which emanate from
a county containing less than
| 10 | | 3,000,000 inhabitants, when requested to do so and at the | 11 | | direction of
the State's Attorney, otherwise responsible for | 12 | | prosecuting the appeal,
and may, with the advice and consent of | 13 | | the State's Attorney prepare,
file and argue such appellate | 14 | | briefs in the Illinois Appellate
Court
and, when requested and | 15 | | authorized to do so by the Attorney General, in the
Illinois | 16 | | Supreme Court.
The Office may also assist County State's | 17 | | Attorneys in the
discharge of their duties under the Illinois | 18 | | Controlled Substances Act,
the Cannabis Control Act, the | 19 | | Methamphetamine Control and Community Protection Act, the Drug | 20 | | Asset Forfeiture Procedure Act,
the Narcotics Profit | 21 | | Forfeiture Act, and the Illinois Public Labor Relations
Act,
| 22 | | including negotiations conducted on behalf of a county or | 23 | | pursuant to an
intergovernmental agreement as well as in the |
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| 1 | | trial
and appeal of said cases and of tax objections, and the | 2 | | counties which
use services relating to labor relations
shall | 3 | | reimburse the Office on pro-rated shares as determined by the
| 4 | | board based upon the population and number of labor relations | 5 | | cases of the
participating counties.
In addition, the Office | 6 | | and all attorneys employed by the Office may also
assist | 7 | | State's Attorneys in the discharge of their duties in the | 8 | | prosecution ,
and trial , or hearing on post-conviction of other | 9 | | cases when requested to do so by, and at the direction of,
the | 10 | | State's Attorney otherwise responsible for the case. In | 11 | | addition, the
Office and all attorneys employed by the Office | 12 | | may act as Special Prosecutor
if duly appointed to do so by a | 13 | | court having jurisdiction.
To be effective, the order | 14 | | appointing the Office or
its attorneys as Special Prosecutor | 15 | | must (i) identify the case and its
subject matter and (ii) | 16 | | state that the Special Prosecutor serves at the
pleasure of the | 17 | | Attorney General, who may substitute himself or herself as the
| 18 | | Special Prosecutor when, in his or her judgment, the interest | 19 | | of the people of
the State so requires. Within 5 days after | 20 | | receiving a copy of an order from
the
court appointing the | 21 | | Office or any of its attorneys as a Special Prosecutor,
the | 22 | | Office must forward a copy of the order to the Springfield | 23 | | office of the
Attorney General.
| 24 | | (Source: P.A. 94-556, eff. 9-11-05.)
| 25 | | (725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
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| 1 | | Sec. 7.06.
(a) The Director may contract for such hire no | 2 | | more than 0 investigators to
provide
investigative services in | 3 | | criminal cases and tax objection cases for staff
counsel and | 4 | | county state's attorneys. Investigators may be authorized by
| 5 | | the board to carry tear gas gun projectors or bombs, pistols, | 6 | | revolvers,
stun guns, tasers or other firearms.
| 7 | | Subject to the qualifications set forth below, | 8 | | investigators shall be
peace officers and shall have all the | 9 | | powers possessed by policemen in
cities and by sheriffs; | 10 | | provided, that investigators shall exercise such
powers | 11 | | anywhere in the State only after contact and in cooperation | 12 | | with the
appropriate local law enforcement agencies.
| 13 | | No investigator shall have peace officer status or exercise | 14 | | police powers
unless he or she successfully completes the basic | 15 | | police training course
mandated and approved by the Illinois | 16 | | Law Enforcement Training Standards
Board or such board waives | 17 | | the training requirement by reason of the
investigator's prior | 18 | | law enforcement experience or training or both.
| 19 | | The board shall not waive the training requirement unless | 20 | | the
investigator has had a minimum of 5 years experience as a | 21 | | sworn officer of
a local, state or federal law enforcement | 22 | | agency, 2 of which shall have
been in an investigatory | 23 | | capacity.
| 24 | | (b) The Director must authorize to each investigator | 25 | | employed under this
Section and
to any other employee of the | 26 | | Office exercising the powers of a peace officer a
distinct
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| 1 | | badge that, on its face, (i) clearly states that the badge is | 2 | | authorized by the
Office and (ii)
contains a
unique identifying | 3 | | number.
No other badge shall be authorized by
the Office.
| 4 | | (Source: P.A. 96-900, eff. 5-28-10.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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