Full Text of SB1734 099th General Assembly
SB1734enr 99TH GENERAL ASSEMBLY |
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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 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, summonses, make return
of process , and conduct | 5 | | investigations which assist the State's Attorney in
the | 6 | | performance of his duties. In counties of the first and second | 7 | | class, the fees for service of subpoenas and summonses are | 8 | | allowed by this Section and shall be consistent with those set | 9 | | forth in Section 4-5001 of this Act, except when increased by | 10 | | county ordinance as provided for in Section 4-5001. In counties | 11 | | of the third class, the fees for service of subpoenas and | 12 | | summonses are allowed by this Section and shall be consistent | 13 | | with those set forth in Section 4-12001 of this Act. A special | 14 | | investigator shall not carry
firearms except with permission of | 15 | | the State's Attorney and only while
carrying appropriate | 16 | | identification indicating his employment and in the
| 17 | | performance of his assigned duties.
| 18 | | Subject to the qualifications set forth in this subsection, | 19 | | special
investigators shall be peace officers and shall have | 20 | | all the powers possessed
by investigators under the State's | 21 | | Attorneys Appellate Prosecutor's Act.
| 22 | | No special investigator employed by the State's Attorney | 23 | | shall have peace
officer status or exercise police powers | 24 | | unless he or she successfully
completes the basic police | 25 | | training course mandated and approved by the
Illinois Law | 26 | | Enforcement Training Standards Board or such
board waives the |
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| 1 | | training requirement by reason of the special
investigator's | 2 | | prior law enforcement experience or training or both. Any
| 3 | | State's Attorney appointing a special investigator shall | 4 | | consult with all
affected local police agencies, to the extent | 5 | | consistent with the public
interest, if the special | 6 | | investigator is assigned to areas within that
agency's | 7 | | jurisdiction.
| 8 | | Before a person is appointed as a special investigator, his
| 9 | | fingerprints shall be taken and transmitted to the Department | 10 | | of State
Police. The Department shall examine its records and | 11 | | submit to the State's
Attorney of the county in which the | 12 | | investigator seeks appointment any
conviction information | 13 | | concerning the person on file with the Department.
No person | 14 | | shall be appointed as a special investigator if he has been
| 15 | | convicted of a felony or other offense involving moral | 16 | | turpitude. A
special investigator shall be paid a salary and be | 17 | | reimbursed for actual
expenses incurred in performing his | 18 | | assigned duties. The county board
shall approve the salary and | 19 | | actual expenses and appropriate the salary
and expenses in the | 20 | | manner prescribed by law or ordinance.
| 21 | | (c) The State's
Attorney may request and receive from | 22 | | employers, labor unions, telephone
companies, and utility | 23 | | companies
location information concerning putative fathers and | 24 | | noncustodial parents for
the purpose of establishing a child's | 25 | | paternity or establishing, enforcing, or
modifying a child | 26 | | support obligation. In this subsection, "location
information"
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| 1 | | means information about (i) the physical whereabouts of a | 2 | | putative father or
noncustodial parent, (ii) the putative | 3 | | father or noncustodial parent's
employer, or
(iii) the salary, | 4 | | wages, and other
compensation paid and the health insurance | 5 | | coverage provided to the putative
father or noncustodial parent | 6 | | by the employer of the putative father or
noncustodial parent
| 7 | | or by a labor union of which the putative father or | 8 | | noncustodial parent is a
member.
| 9 | | (d) For each State fiscal year, the
State's Attorney of | 10 | | Cook County shall appear before the General Assembly and
| 11 | | request appropriations to be made from the Capital Litigation | 12 | | Trust Fund to the
State Treasurer for the purpose of providing | 13 | | assistance in the prosecution of
capital cases in Cook County | 14 | | and for the purpose of providing assistance to the State in | 15 | | post-conviction proceedings in capital cases under Article 122 | 16 | | of the Code of Criminal Procedure of 1963 and in relation to | 17 | | petitions filed under Section 2-1401 of the Code of Civil | 18 | | Procedure in relation to capital cases. The State's Attorney | 19 | | may appear before the
General Assembly at other times during | 20 | | the State's fiscal year to request
supplemental appropriations | 21 | | from the Trust Fund to the State Treasurer.
| 22 | | (e) The State's Attorney shall have the authority to enter | 23 | | into a written
agreement with the Department of Revenue for | 24 | | pursuit of civil
liability under subsection (E) of Section 17-1 | 25 | | of the Criminal Code of 2012 against persons who
have issued to | 26 | | the Department checks or other orders in violation of the
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| 1 | | provisions of paragraph (1) of subsection (B) of Section 17-1 | 2 | | of the Criminal
Code of 2012, with the Department to retain the | 3 | | amount owing upon the
dishonored check or order along with the | 4 | | dishonored check fee imposed under the
Uniform Penalty and | 5 | | Interest Act, with the balance of damages, fees, and costs
| 6 | | collected under subsection (E) of Section 17-1 of the Criminal | 7 | | Code of 2012 or under Section 17-1a of that Code to be retained | 8 | | by
the State's Attorney. The agreement shall not affect the | 9 | | allocation of fines
and costs imposed in any criminal | 10 | | prosecution.
| 11 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11; | 12 | | 97-607, eff. 8-26-11; 97-1150, eff. 1-25-13.)
| 13 | | Section 10. The Code of Civil Procedure is amended by | 14 | | changing Section 2-202 as follows:
| 15 | | (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
| 16 | | Sec. 2-202. Persons authorized to serve process; Place of
| 17 | | service; Failure to make return. | 18 | | (a) Process shall be served by a
sheriff, or if the sheriff | 19 | | is disqualified, by a coroner of some county of the
State. In | 20 | | matters where the county or State is an interested party, | 21 | | process may be served by a special investigator appointed by | 22 | | the State's Attorney of the county, as defined in Section | 23 | | 3-9005 of the Counties Code. A sheriff of a county with a | 24 | | population of less than 2,000,000
may employ civilian personnel |
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| 1 | | to serve process. In
counties with a population of less than | 2 | | 2,000,000, process may
be served, without special appointment, | 3 | | by a person who is licensed or
registered as a private | 4 | | detective under the Private Detective, Private
Alarm, Private
| 5 | | Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a | 6 | | registered
employee of a private detective
agency certified | 7 | | under that Act as defined in Section (a-5). A private detective | 8 | | or licensed
employee must supply the sheriff of any county in | 9 | | which he serves process
with a copy of his license or | 10 | | certificate; however, the failure of a person
to supply the | 11 | | copy shall not in any way impair the validity of process
served | 12 | | by the person. The court may, in its discretion upon motion, | 13 | | order
service to be made by a private person over 18 years of | 14 | | age and not a party
to the action.
It is not necessary that | 15 | | service be made by a sheriff or
coroner of the county in which | 16 | | service is made. If served or sought to be
served by a sheriff | 17 | | or coroner, he or she shall endorse his or her return
thereon, | 18 | | and if by a private person the return shall be by affidavit.
| 19 | | (a-5) Upon motion and in its discretion, the court may | 20 | | appoint as a
special process
server a
private detective agency | 21 | | certified under the Private Detective, Private Alarm,
Private
| 22 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | 23 | | the appointment,
any employee of
the
private detective agency | 24 | | who is registered under that Act may serve the
process. The
| 25 | | motion and the order of appointment must contain the number of | 26 | | the certificate
issued to
the private detective agency by the |
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| 1 | | Department of Professional Regulation under
the
Private | 2 | | Detective, Private Alarm, Private Security, Fingerprint | 3 | | Vendor, and Locksmith Act of
2004. A private detective or | 4 | | private detective agency shall send, one time only, a copy of | 5 | | his, her, or its individual private detective license or | 6 | | private detective agency certificate to the county sheriff in | 7 | | each county in which the detective or detective agency or his, | 8 | | her, or its employees serve process, regardless of size of the | 9 | | population of the county. As long as the license or certificate | 10 | | is valid and meets the requirements of the Department of | 11 | | Financial and Professional Regulation, a new copy of the | 12 | | current license or certificate need not be sent to the sheriff. | 13 | | A private detective agency shall maintain a list of its | 14 | | registered employees. Registered employees shall consist of: | 15 | | (1) an employee who works for the agency holding a | 16 | | valid Permanent Employee Registration Card;
| 17 | | (2) a person who has applied for a Permanent Employee | 18 | | Registration Card, has had his or her fingerprints | 19 | | processed and cleared by the Department of State Police and | 20 | | the FBI, and as to whom the Department of Financial and | 21 | | Professional Regulation website shows that the person's | 22 | | application for a Permanent Employee Registration Card is | 23 | | pending; | 24 | | (3) a person employed by a private detective agency who | 25 | | is exempt from a Permanent Employee Registration Card | 26 | | requirement because the person is a current peace officer; |
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| 1 | | and | 2 | | (4) a private detective who works for a private | 3 | | detective agency as an employee.
| 4 | | A detective agency shall maintain this list and forward it to | 5 | | any sheriff's department that requests this list within 5 | 6 | | business days after the receipt of the request. | 7 | | (b) Summons may be served upon the defendants wherever they | 8 | | may be
found in the State, by any person authorized to serve | 9 | | process. An officer
may serve summons in his or her official | 10 | | capacity outside his or her county,
but fees for mileage | 11 | | outside the county of the officer cannot be taxed
as costs. The | 12 | | person serving the process in a foreign county may make
return | 13 | | by mail.
| 14 | | (c) If any sheriff, coroner, or other person to whom any | 15 | | process is
delivered, neglects or refuses to make return of the | 16 | | same, the plaintiff
may petition the court to enter a rule | 17 | | requiring the sheriff, coroner,
or other person, to make return | 18 | | of the process on a day to be fixed by
the court, or to show | 19 | | cause on that day why that person should not be attached
for | 20 | | contempt of the court. The plaintiff shall then cause a written
| 21 | | notice of the rule to be served on the sheriff, coroner, or | 22 | | other
person. If good and sufficient cause be not shown to | 23 | | excuse the officer
or other person, the court shall adjudge him | 24 | | or her guilty of a contempt, and
shall impose punishment as in | 25 | | other cases of contempt.
| 26 | | (d) If process is served by a sheriff , or coroner, or |
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| 1 | | special investigator appointed by the State's Attorney, the | 2 | | court may tax
the fee of the sheriff , or coroner , or State's | 3 | | Attorney's special investigator as costs in the proceeding. If | 4 | | process
is served by a private person or entity, the court may | 5 | | establish a fee
therefor and tax such fee as costs in the | 6 | | proceedings.
| 7 | | (e) In addition to the powers stated in Section 8.1a of the | 8 | | Housing
Authorities Act, in counties with a population of | 9 | | 3,000,000 or more
inhabitants,
members of a housing authority | 10 | | police force may serve process for forcible
entry and detainer | 11 | | actions commenced by that housing authority and may execute
| 12 | | orders of possession for that housing authority.
| 13 | | (f) In counties with a population of 3,000,000 or more, | 14 | | process may be
served, with special appointment by the court,
| 15 | | by a private process server or
a law enforcement agency other | 16 | | than the county sheriff
in proceedings instituted under the
| 17 | | Forcible Entry and Detainer Article of this Code as a result of | 18 | | a lessor or
lessor's assignee declaring a lease void pursuant | 19 | | to Section 11 of the
Controlled Substance and Cannabis Nuisance | 20 | | Act.
| 21 | | (Source: P.A. 96-1451, eff. 8-20-10; 97-427, eff. 1-1-12.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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