Full Text of HB0749 99th General Assembly
HB0749 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0749 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 55 ILCS 5/3-9005 | from Ch. 34, par. 3-9005 |
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Amends the Counties Code. Makes a technical change in a Section concerning the
powers and duties of State's attorneys.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 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 Section | 5 | | 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
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 any | 17 | | school district or road district in his county; also, to
| 18 | | 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.
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| 1 | | (4) To defend all actions and proceedings brought | 2 | | against his
county, or against any county or State officer, | 3 | | in his official
capacity, within his county.
| 4 | | (5) To attend the examination of all persons brought | 5 | | before any judge
on habeas corpus, when the prosecution is | 6 | | in his county.
| 7 | | (6) To attend before judges and prosecute charges of | 8 | | felony or
misdemeanor, for which the offender is required | 9 | | to be recognized to appear
before the circuit court, when | 10 | | in his power so to do.
| 11 | | (7) To give his opinion, without fee or reward, to any | 12 | | county officer
in his county, upon any question or law | 13 | | relating to any criminal or other
matter, in which the | 14 | | people or the county may be concerned.
| 15 | | (8) To assist the attorney general whenever it may be | 16 | | necessary, and in
cases of appeal from his county to the | 17 | | Supreme Court, to which it is the
duty of the attorney | 18 | | general to attend, he shall furnish the attorney general
at | 19 | | least 10 days before such is due to be filed, a manuscript | 20 | | of a proposed
statement, brief and argument to be printed | 21 | | and filed on behalf of the people,
prepared in accordance | 22 | | with the rules of the Supreme Court. However, if
such | 23 | | brief, argument or other document is due to be filed by law | 24 | | or order
of court within this 10 day period, then the | 25 | | State's attorney shall furnish
such as soon as may be | 26 | | reasonable.
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| 1 | | (9) To pay all moneys received by him in trust, without | 2 | | delay, to the
officer who by law is entitled to the custody | 3 | | thereof.
| 4 | | (10) To notify, by first class mail, complaining | 5 | | witnesses of the ultimate
disposition of the cases arising | 6 | | from an indictment or an information.
| 7 | | (11) To perform such other and further duties as may, | 8 | | from time to time,
be enjoined on him by law.
| 9 | | (12) To appear in all proceedings by collectors of | 10 | | taxes against
delinquent taxpayers for judgments to sell | 11 | | real estate, and see that all the
necessary preliminary | 12 | | steps have been legally taken to make the judgment legal
| 13 | | and binding.
| 14 | | (13) To notify, by first-class mail, the State | 15 | | Superintendent of Education, the applicable regional | 16 | | superintendent of schools, and the superintendent of the | 17 | | employing school district or the chief school | 18 | | administrator of the employing nonpublic school, if any, | 19 | | upon the conviction of any individual known to possess a | 20 | | certificate or license issued pursuant to Article 21 or | 21 | | 21B, respectively, of the School Code of any offense set | 22 | | forth in Section 21B-80 of the School Code or any other | 23 | | felony conviction, providing the name of the certificate | 24 | | holder, the fact of the conviction, and the name and | 25 | | location of the court where the conviction occurred. The | 26 | | certificate holder must also be contemporaneously sent a |
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| 1 | | copy of the notice. | 2 | | (b) The State's Attorney of each county shall have | 3 | | authority to
appoint one or more special investigators to serve | 4 | | subpoenas, make return
of process and conduct investigations | 5 | | which assist the State's Attorney in
the performance of his | 6 | | duties. A special investigator shall not carry
firearms except | 7 | | with permission of the State's Attorney and only while
carrying | 8 | | appropriate identification indicating his employment and in | 9 | | the
performance of his assigned duties.
| 10 | | Subject to the qualifications set forth in this subsection, | 11 | | special
investigators shall be peace officers and shall have | 12 | | all the powers possessed
by investigators under the State's | 13 | | Attorneys Appellate Prosecutor's Act.
| 14 | | No special investigator employed by the State's Attorney | 15 | | shall have peace
officer status or exercise police powers | 16 | | unless he or she successfully
completes the basic police | 17 | | training course mandated and approved by the
Illinois Law | 18 | | Enforcement Training Standards Board or such
board waives the | 19 | | training requirement by reason of the special
investigator's | 20 | | prior law enforcement experience or training or both. Any
| 21 | | State's Attorney appointing a special investigator shall | 22 | | consult with all
affected local police agencies, to the extent | 23 | | consistent with the public
interest, if the special | 24 | | investigator is assigned to areas within that
agency's | 25 | | jurisdiction.
| 26 | | Before a person is appointed as a special investigator, his
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| 1 | | fingerprints shall be taken and transmitted to the Department | 2 | | of State
Police. The Department shall examine its records and | 3 | | submit to the State's
Attorney of the county in which the | 4 | | investigator seeks appointment any
conviction information | 5 | | concerning the person on file with the Department.
No person | 6 | | shall be appointed as a special investigator if he has been
| 7 | | convicted of a felony or other offense involving moral | 8 | | turpitude. A
special investigator shall be paid a salary and be | 9 | | reimbursed for actual
expenses incurred in performing his | 10 | | assigned duties. The county board
shall approve the salary and | 11 | | actual expenses and appropriate the salary
and expenses in the | 12 | | manner prescribed by law or ordinance.
| 13 | | (c) The State's
Attorney may request and receive from | 14 | | employers, labor unions, telephone
companies, and utility | 15 | | companies
location information concerning putative fathers and | 16 | | noncustodial parents for
the purpose of establishing a child's | 17 | | paternity or establishing, enforcing, or
modifying a child | 18 | | support obligation. In this subsection, "location
information"
| 19 | | means information about (i) the physical whereabouts of a | 20 | | putative father or
noncustodial parent, (ii) the putative | 21 | | father or noncustodial parent's
employer, or
(iii) the salary, | 22 | | wages, and other
compensation paid and the health insurance | 23 | | coverage provided to the putative
father or noncustodial parent | 24 | | by the employer of the putative father or
noncustodial parent
| 25 | | or by a labor union of which the putative father or | 26 | | noncustodial parent is a
member.
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| 1 | | (d) For each State fiscal year, the
State's Attorney of | 2 | | Cook County shall appear before the General Assembly and
| 3 | | request appropriations to be made from the Capital Litigation | 4 | | Trust Fund to the
State Treasurer for the purpose of providing | 5 | | assistance in the prosecution of
capital cases in Cook County | 6 | | and for the purpose of providing assistance to the State in | 7 | | post-conviction proceedings in capital cases under Article 122 | 8 | | of the Code of Criminal Procedure of 1963 and in relation to | 9 | | petitions filed under Section 2-1401 of the Code of Civil | 10 | | Procedure in relation to capital cases. The State's Attorney | 11 | | may appear before the
General Assembly at other times during | 12 | | the State's fiscal year to request
supplemental appropriations | 13 | | from the Trust Fund to the State Treasurer.
| 14 | | (e) The State's Attorney shall have the authority to enter | 15 | | into a written
agreement with the Department of Revenue for | 16 | | pursuit of civil
liability under subsection (E) of Section 17-1 | 17 | | of the Criminal Code of 2012 against persons who
have issued to | 18 | | the Department checks or other orders in violation of the
| 19 | | provisions of paragraph (1) of subsection (B) of Section 17-1 | 20 | | of the Criminal
Code of 2012, with the Department to retain the | 21 | | amount owing upon the
dishonored check or order along with the | 22 | | dishonored check fee imposed under the
Uniform Penalty and | 23 | | Interest Act, with the balance of damages, fees, and costs
| 24 | | collected under subsection (E) of Section 17-1 of the Criminal | 25 | | Code of 2012 or under Section 17-1a of that Code to be retained | 26 | | by
the State's Attorney. The agreement shall not affect the |
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| 1 | | allocation of fines
and costs imposed in any criminal | 2 | | prosecution.
| 3 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11; | 4 | | 97-607, eff. 8-26-11; 97-1150, eff. 1-25-13.)
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