Full Text of HB1766 95th General Assembly
HB1766 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1766
Introduced 2/23/2007, by Rep. John D'Amico SYNOPSIS AS INTRODUCED: |
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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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HB1766 |
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LRB095 10061 HLH 30275 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 3-9005 as follows:
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| (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
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| Sec. 3-9005. Powers and duties of State's attorney.
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| (a) The
The duty of each State's attorney shall be:
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| (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.
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| (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
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| 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.
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| (3) To commence and prosecute all actions and | 22 |
| proceedings brought by
any county officer in his official | 23 |
| capacity.
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| (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.
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| (5) To attend the examination of all persons brought | 5 |
| before any judge
on habeas corpus, when the prosecution is | 6 |
| in his county.
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| (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.
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| (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.
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| (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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| (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.
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| (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.
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| (11) To perform such other and further duties as may, | 8 |
| from time to time,
be enjoined on him by law.
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| (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
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| and binding.
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| (b) The State's Attorney of each county shall have | 15 |
| authority to
appoint one or more special investigators to serve | 16 |
| subpoenas, make return
of process and conduct investigations | 17 |
| which assist the State's Attorney in
the performance of his | 18 |
| duties. A special investigator shall not carry
firearms except | 19 |
| with permission of the State's Attorney and only while
carrying | 20 |
| appropriate identification indicating his employment and in | 21 |
| the
performance of his assigned duties.
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| Subject to the qualifications set forth in this subsection, | 23 |
| special
investigators shall be peace officers and shall have | 24 |
| all the powers possessed
by investigators under the State's | 25 |
| Attorneys Appellate Prosecutor's Act.
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| No special investigator employed by the State's Attorney |
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| shall have peace
officer status or exercise police powers | 2 |
| unless he or she successfully
completes the basic police | 3 |
| training course mandated and approved by the
Illinois Law | 4 |
| Enforcement Training Standards Board or such
board waives the | 5 |
| training requirement by reason of the special
investigator's | 6 |
| prior law enforcement experience or training or both. Any
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| State's Attorney appointing a special investigator shall | 8 |
| consult with all
affected local police agencies, to the extent | 9 |
| consistent with the public
interest, if the special | 10 |
| investigator is assigned to areas within that
agency's | 11 |
| jurisdiction.
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| Before a person is appointed as a special investigator, his
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| fingerprints shall be taken and transmitted to the Department | 14 |
| of State
Police. The Department shall examine its records and | 15 |
| submit to the State's
Attorney of the county in which the | 16 |
| investigator seeks appointment any
conviction information | 17 |
| concerning the person on file with the Department.
No person | 18 |
| shall be appointed as a special investigator if he has been
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| convicted of a felony or other offense involving moral | 20 |
| turpitude. A
special investigator shall be paid a salary and be | 21 |
| reimbursed for actual
expenses incurred in performing his | 22 |
| assigned duties. The county board
shall approve the salary and | 23 |
| actual expenses and appropriate the salary
and expenses in the | 24 |
| manner prescribed by law or ordinance.
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| (c) The State's
Attorney may request and receive from | 26 |
| employers, labor unions, telephone
companies, and utility |
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| companies
location information concerning putative fathers and | 2 |
| noncustodial parents for
the purpose of establishing a child's | 3 |
| paternity or establishing, enforcing, or
modifying a child | 4 |
| support obligation. In this subsection, "location
information"
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| means information about (i) the physical whereabouts of a | 6 |
| putative father or
noncustodial parent, (ii) the putative | 7 |
| father or noncustodial parent's
employer, or
(iii) the salary, | 8 |
| wages, and other
compensation paid and the health insurance | 9 |
| coverage provided to the putative
father or noncustodial parent | 10 |
| by the employer of the putative father or
noncustodial parent
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| or by a labor union of which the putative father or | 12 |
| noncustodial parent is a
member.
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| (d) For each State fiscal year, the
State's Attorney of | 14 |
| Cook County shall appear before the General Assembly and
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| request appropriations to be made from the Capital Litigation | 16 |
| Trust Fund to the
State Treasurer for the purpose of providing | 17 |
| assistance in the prosecution of
capital cases in Cook County | 18 |
| and for the purpose of providing assistance to the State in | 19 |
| post-conviction proceedings in capital cases under Article 122 | 20 |
| of the Code of Criminal Procedure of 1963 and in relation to | 21 |
| petitions filed under Section 2-1401 of the Code of Civil | 22 |
| Procedure in relation to capital cases. The State's Attorney | 23 |
| may appear before the
General Assembly at other times during | 24 |
| the State's fiscal year to request
supplemental appropriations | 25 |
| from the Trust Fund to the State Treasurer.
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| (e) The State's Attorney shall have the authority to enter |
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| into a written
agreement with the Department of Revenue for | 2 |
| pursuit of civil
liability under Section 17-1a of the Criminal | 3 |
| Code of 1961 against persons who
have issued to the Department | 4 |
| checks or other orders in violation of the
provisions of | 5 |
| paragraph (d) of subsection (B) of Section 17-1 of the Criminal
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| Code of 1961, with the Department to retain the amount owing | 7 |
| upon the
dishonored check or order along with the dishonored | 8 |
| check fee imposed under the
Uniform Penalty and Interest Act, | 9 |
| with the balance of damages, fees, and costs
collected under | 10 |
| Section 17-1a of the Criminal Code of 1961 to be retained by
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| the State's Attorney. The agreement shall not affect the | 12 |
| allocation of fines
and costs imposed in any criminal | 13 |
| prosecution.
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| (Source: P.A. 92-492, eff. 1-1-02; 93-972, eff. 8-20-04.)
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