Full Text of SB3372 096th General Assembly
SB3372enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State's Attorneys Appellate Prosecutor's | 5 |
| Act is amended by changing Sections 3, 6, and 7.06 as follows:
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| (725 ILCS 210/3) (from Ch. 14, par. 203)
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| Sec. 3.
There is created the Office of the State's | 8 |
| Attorneys
Appellate Prosecutor as a judicial an agency of state | 9 |
| government.
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| (a) The Office of the State's Attorneys Appellate | 11 |
| Prosecutor shall
be governed by a board of governors which
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| shall consist
of 10 members as follows:
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| (1) Eight State's Attorneys, 2 to be elected from each | 14 |
| District
containing less than 3,000,000 inhabitants;
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| (2) The State's Attorney of Cook County; and
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| (3) One State's Attorney to be annually appointed by the | 17 |
| other 9 members.
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| (b) Voting for elected members shall be by District with | 19 |
| each of the
State's Attorneys voting from their respective | 20 |
| district. Each
board member must be duly elected or appointed | 21 |
| and serving as
State's Attorney in the district from which he | 22 |
| was elected or appointed.
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| (c) Elected members Members shall serve for a term of 2 |
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| years one year commencing upon their election on the
first day | 2 |
| of July and until their successors are duly elected or
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| appointed and qualified.
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| (d) An annual election of members of the board
shall be | 5 |
| held within 30 days prior or subsequent to the beginning of the | 6 |
| fiscal year during the month of June , and the board shall | 7 |
| certify
the results to the Secretary of State.
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| (e) The board shall promulgate rules of procedure for the
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| election of its members and the conduct of its meetings and | 10 |
| shall elect
a Chairman and a Vice-Chairman and such other | 11 |
| officers as it deems
appropriate. The board shall meet at least | 12 |
| once every 3
months, and in addition thereto as directed by the | 13 |
| Chairman, or upon the special
call of any 5 members of the | 14 |
| board, in writing, sent to the
Chairman, designating the time | 15 |
| and place of the meeting.
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| (f) Five members of the board shall constitute
a quorum for | 17 |
| the purpose of transacting business.
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| (g) Members of the board shall serve without compensation, | 19 |
| but
shall be reimbursed for necessary expenses incurred in the | 20 |
| performance
of their duties.
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| (h) A position shall be vacated by either a member's | 22 |
| resignation,
removal or inability to serve as State's Attorney.
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| (i) Vacancies on the board of elected members shall be | 24 |
| filled
within 90 30 days of the occurrence of the vacancy by a | 25 |
| special election
held by the State's Attorneys in the district | 26 |
| where the vacancy
occurred. Vacancies on the board of the |
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| appointed member shall be
filled within 90 30 days of the | 2 |
| occurrence of the vacancy by a special
election by the members. | 3 |
| In the case of a special election, the tabulation and | 4 |
| certification of the results may be conducted at any regularly | 5 |
| scheduled quarterly or special meeting called for that purpose. | 6 |
| A member elected or appointed to fill
such position shall serve | 7 |
| for the unexpired term of the member whom he
is succeeding. Any | 8 |
| member may be re-elected or re-appointed for
additional terms.
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| (Source: P.A. 84-1062.)
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| (725 ILCS 210/6) (from Ch. 14, par. 206)
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| Sec. 6. The Office is to be organized in the following | 12 |
| manner:
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| (a) The staff of the Office of the State's Attorneys | 14 |
| Appellate
Prosecutor shall
consist of a Director, 4 Deputy | 15 |
| Directors, Staff Attorneys and such other
administrative, | 16 |
| secretarial and clerical employees as may be necessary.
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| (b) The Director and all Office Attorneys
must be licensed | 18 |
| to practice law in the State of Illinois. All full-time legal | 19 |
| personnel Staff Attorneys
and Deputy Directors hired by the | 20 |
| Director, with the concurrence of the
board, shall devote full | 21 |
| time to their duties and may not
engage in the private practice | 22 |
| of law, except as provided in Section 7.02.
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| (c) The Director and such other employees as may be hired | 24 |
| hereunder shall
not be subject to the provisions of the | 25 |
| Illinois Personnel Code.
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| (Source: P.A. 84-1062.)
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| (725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
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| Sec. 7.06.
(a) The Director may hire no more than 0 12 | 4 |
| investigators to
provide
investigative services in criminal | 5 |
| cases and tax objection cases for staff
counsel and county | 6 |
| state's attorneys. Investigators may be authorized by
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| to carry tear gas gun projectors or bombs, pistols, revolvers,
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| stun guns, tasers or other firearms.
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| Subject to the qualifications set forth below, | 10 |
| investigators shall be
peace officers and shall have all the | 11 |
| powers possessed by policemen in
cities and by sheriffs; | 12 |
| provided, that investigators shall exercise such
powers | 13 |
| anywhere in the State only after contact and in cooperation | 14 |
| with the
appropriate local law enforcement agencies.
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| No investigator shall have peace officer status or exercise | 16 |
| police powers
unless he or she successfully completes the basic | 17 |
| police training course
mandated and approved by the Illinois | 18 |
| Law Enforcement Training Standards
Board or such board waives | 19 |
| the training requirement by reason of the
investigator's prior | 20 |
| law enforcement experience or training or both.
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| The board shall not waive the training requirement unless | 22 |
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investigator has had a minimum of 5 years experience as a | 23 |
| sworn officer of
a local, state or federal law enforcement | 24 |
| agency, 2 of which shall have
been in an investigatory | 25 |
| capacity.
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| (b) The Director must authorize to each investigator | 2 |
| employed under this
Section and
to any other employee of the | 3 |
| Office exercising the powers of a peace officer a
distinct
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| badge that, on its face, (i) clearly states that the badge is | 5 |
| authorized by the
Office and (ii)
contains a
unique identifying | 6 |
| number.
No other badge shall be authorized by
the Office.
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| (Source: P.A. 91-883, eff. 1-1-01.)
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| (725 ILCS 210/9.04 rep.)
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| (725 ILCS 210/10 rep.)
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| Section 10. The State's Attorneys Appellate Prosecutor's | 11 |
| Act is amended by repealing Sections 9.04 and 10.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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