Full Text of HB0723 102nd General Assembly
HB0723 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0723 Introduced 2/8/2021, by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: |
| 15 ILCS 205/4 | from Ch. 14, par. 4 | 15 ILCS 205/10 new | | 55 ILCS 5/3-9005 | from Ch. 34, par. 3-9005 | 55 ILCS 5/3-9014 new | |
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Amends the Attorney General Act. Provides that the Attorney General shall appoint an Opioid Coordinator who shall be an attorney under the jurisdiction of the Office of the Attorney General. Provides for the responsibilities of the Opioid Coordinator appointed by the Attorney General. Provides that the Opioid Coordinator appointed by the Attorney General shall coordinate with and provide necessary assistance to all county opioid coordinators appointed by each county state's attorney. Amends the Counties Code. Provides for the appointment of an opioid coordinator by each state's attorney. Provides for the responsibilities of each opioid coordinator appointed by a state's attorney. Provides that each opioid coordinator shall, when necessary, coordinate with the State Opioid Coordinator appointed by the Attorney General. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Attorney General Act is amended by changing | 5 | | Section 4 and by adding Section 10 as follows:
| 6 | | (15 ILCS 205/4) (from Ch. 14, par. 4)
| 7 | | Sec. 4. The duties of the Attorney General shall be-- | 8 | | First - To appear for and represent the people of the State | 9 | | before the
supreme court in all cases in which the State or the | 10 | | people of the State
are interested.
| 11 | | Second - To institute and prosecute all actions and | 12 | | proceedings in favor
of or for the use of the State, which may | 13 | | be necessary in the execution of
the duties of any State | 14 | | officer.
| 15 | | Third - To defend all actions and proceedings against any | 16 | | State officer,
in his official capacity, in any of the courts | 17 | | of this State or the United
States.
| 18 | | Fourth - To consult with and advise the several State's | 19 | | Attorneys in
matters relating to the duties of their office; | 20 | | and when, in his judgment,
the interest of the people of the | 21 | | State requires it, he shall attend the
trial of any party | 22 | | accused of crime, and assist in the prosecution. When
the | 23 | | Attorney General has requested in writing that a State's |
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| 1 | | Attorney
initiate court proceedings to enforce any provisions | 2 | | of the Election Code
or to initiate a criminal prosecution | 3 | | with respect to a violation of the
Election Code, and when the | 4 | | State's Attorney has declined in writing to
initiate those | 5 | | proceedings or prosecutions or when the State's Attorney
has | 6 | | neither initiated the proceedings or prosecutions nor | 7 | | responded in
writing to the Attorney General within 60 days of | 8 | | the receipt of the request,
the Attorney General may, | 9 | | concurrently with or independently of the State's
Attorney, | 10 | | initiate such proceedings or prosecutions. The Attorney | 11 | | General may investigate and prosecute any violation of the | 12 | | Election Code at the request of the State Board of Elections or | 13 | | a State's Attorney.
| 14 | | Fifth - To investigate alleged violations of the statutes | 15 | | which the
Attorney General has a duty to enforce and to conduct | 16 | | other investigations
in connection with assisting in the | 17 | | prosecution of a criminal offense at
the request of a State's | 18 | | Attorney.
| 19 | | Sixth - To consult with and advise the governor and other | 20 | | State officers,
and give, when requested, written opinions | 21 | | upon all legal or constitutional
questions relating to the | 22 | | duties of such officers respectively.
| 23 | | Seventh - To prepare, when necessary, proper drafts for | 24 | | contracts and other
writings relating to subjects in which the | 25 | | State is interested.
| 26 | | Eighth - To give written opinions, when requested by |
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| 1 | | either branch of
the general assembly, or any committee | 2 | | thereof, upon constitutional or
legal questions.
| 3 | | Ninth - To enforce the proper application of funds | 4 | | appropriated to the
public institutions of the State, | 5 | | prosecute breaches of trust in the
administration of such | 6 | | funds, and, when necessary, prosecute corporations
for failure | 7 | | or refusal to make the reports required by law.
| 8 | | Tenth - To keep, a register of all cases prosecuted or | 9 | | defended by him,
in behalf of the State or its officers, and of | 10 | | all proceedings had in
relation thereto, and to deliver the | 11 | | same to his successor in office.
| 12 | | Eleventh - To keep on file in his office a copy of the | 13 | | official opinions
issued by the Attorney General and deliver | 14 | | same to his successor.
| 15 | | Twelfth - To pay into the State treasury all moneys | 16 | | received by him for
the use of the State.
| 17 | | Thirteenth - To attend to and perform any other duty which | 18 | | may, from time
to time, be required of him by law.
| 19 | | Fourteenth - To attend, present evidence to and prosecute | 20 | | indictments
returned by each Statewide Grand Jury.
| 21 | | Fifteenth - To give written binding and advisory public | 22 | | access opinions as provided in Section 7 of this Act. | 23 | | Sixteenth – To appoint an Opioid Coordinator as provided | 24 | | under Section 10 of this Act. | 25 | | (Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)
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| 1 | | (15 ILCS 205/10 new) | 2 | | Sec. 10. State Opioid Coordinator. | 3 | | (a) The Attorney General shall appoint an Opioid | 4 | | Coordinator who shall be an attorney under the jurisdiction of | 5 | | the Office of the Attorney General. | 6 | | (b) The Opioid Coordinator shall be responsible for: (i) | 7 | | facilitating intake of cases involving prescription opioids, | 8 | | heroin, and fentanyl; (ii) convening a task force of State and | 9 | | local law enforcement personnel to identify opioid cases for | 10 | | prosecution, facilitate interdiction efforts, and tailor the | 11 | | State's response to the needs of its citizens; (iii) providing | 12 | | legal advice and training to Assistant Attorneys General | 13 | | regarding the prosecution of opioid offenses; (iv) maintaining | 14 | | statistics on the opioid prosecutions in the State; and (v) | 15 | | developing and continually evaluating the effectiveness of the | 16 | | Attorney General's strategy to combat the opioid epidemic. | 17 | | (c) The Opioid Coordinator appointed by the Attorney | 18 | | General shall coordinate with and provide necessary assistance | 19 | | to all county opioid coordinators appointed by each county | 20 | | state's attorney under Section 3-8014 of the Counties Code. | 21 | | Section 10. The Counties Code is amended by changing | 22 | | Section 3-9005 and by adding Section 3-9014 as follows:
| 23 | | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| 24 | | Sec. 3-9005. Powers and duties of State's Attorney.
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| 1 | | (a) The duty of each State's Attorney shall be:
| 2 | | (1) To commence and prosecute all actions, suits, | 3 | | indictments and
prosecutions, civil and criminal, in the | 4 | | circuit court for his county,
in which the people of the | 5 | | State or county may be concerned.
| 6 | | (2) To prosecute all forfeited bonds and | 7 | | recognizances, and all
actions and proceedings for the | 8 | | recovery of debts, revenues, moneys,
fines, penalties and | 9 | | forfeitures accruing to the State or his county, or
to any | 10 | | school district or road district in his county; also, to
| 11 | | prosecute all suits in his county against railroad or | 12 | | transportation
companies, which may be prosecuted in the | 13 | | name of the People of the
State of Illinois.
| 14 | | (3) To commence and prosecute all actions and | 15 | | proceedings brought by
any county officer in his official | 16 | | capacity.
| 17 | | (4) To defend all actions and proceedings brought | 18 | | against his
county, or against any county or State | 19 | | officer, in his official
capacity, within his county.
| 20 | | (5) To attend the examination of all persons brought | 21 | | before any judge
on habeas corpus, when the prosecution is | 22 | | in his county.
| 23 | | (6) To attend before judges and prosecute charges of | 24 | | felony or
misdemeanor, for which the offender is required | 25 | | to be recognized to appear
before the circuit court, when | 26 | | in his power so to do.
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| 1 | | (7) To give his opinion, without fee or reward, to any | 2 | | county officer
in his county, upon any question or law | 3 | | relating to any criminal or other
matter, in which the | 4 | | people or the county may be concerned.
| 5 | | (8) To assist the Attorney General whenever it may be | 6 | | necessary, and in
cases of appeal from his county to the | 7 | | Supreme Court, to which it is the
duty of the Attorney | 8 | | General to attend, he shall furnish the Attorney General
| 9 | | at least 10 days before such is due to be filed, a | 10 | | manuscript of a proposed
statement, brief and argument to | 11 | | be printed and filed on behalf of the people,
prepared in | 12 | | accordance with the rules of the Supreme Court. However, | 13 | | if
such brief, argument or other document is due to be | 14 | | filed by law or order
of court within this 10-day period, | 15 | | then the State's Attorney shall furnish
such as soon as | 16 | | may be reasonable.
| 17 | | (9) To pay all moneys received by him in trust, | 18 | | without delay, to the
officer who by law is entitled to the | 19 | | custody thereof.
| 20 | | (10) To notify, by first class mail, complaining | 21 | | witnesses of the ultimate
disposition of the cases arising | 22 | | from an indictment or an information.
| 23 | | (11) To perform such other and further duties as may, | 24 | | from time to time,
be enjoined on him by law.
| 25 | | (12) To appear in all proceedings by collectors of | 26 | | taxes against
delinquent taxpayers for judgments to sell |
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| 1 | | real estate, and see that all the
necessary preliminary | 2 | | steps have been legally taken to make the judgment legal
| 3 | | and binding.
| 4 | | (13) To notify, by first-class mail, the State | 5 | | Superintendent of Education, the applicable regional | 6 | | superintendent of schools, and the superintendent of the | 7 | | employing school district or the chief school | 8 | | administrator of the employing nonpublic school, if any, | 9 | | upon the conviction of any individual known to possess a | 10 | | certificate or license issued pursuant to Article 21 or | 11 | | 21B, respectively, of the School Code of any offense set | 12 | | forth in Section 21B-80 of the School Code or any other | 13 | | felony conviction, providing the name of the certificate | 14 | | holder, the fact of the conviction, and the name and | 15 | | location of the court where the conviction occurred. The | 16 | | certificate holder must also be contemporaneously sent a | 17 | | copy of the notice. | 18 | | (14) To appoint an opioid coordinator as provided | 19 | | under Section 3-9014 of this Code. | 20 | | (b) The State's Attorney of each county shall have | 21 | | authority to
appoint one or more special investigators to | 22 | | serve subpoenas and summonses, make return
of process, and | 23 | | conduct investigations which assist the State's Attorney in
| 24 | | the performance of his duties. In counties of the first and | 25 | | second class, the fees for service of subpoenas and summonses | 26 | | are allowed by this Section and shall be consistent with those |
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| 1 | | set forth in Section 4-5001 of this Act, except when increased | 2 | | by county ordinance as provided for in Section 4-5001. In | 3 | | counties of the third class, the fees for service of subpoenas | 4 | | and summonses are allowed by this Section and shall be | 5 | | consistent with those set forth in Section 4-12001 of this | 6 | | Act. A special investigator shall not carry
firearms except | 7 | | with permission of the State's Attorney and only while
| 8 | | carrying appropriate identification indicating his employment | 9 | | and in the
performance of his assigned duties.
| 10 | | Subject to the qualifications set forth in this | 11 | | subsection, special
investigators shall be peace officers and | 12 | | shall have all the powers possessed
by investigators under the | 13 | | State's 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, |
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| 1 | | his
fingerprints shall be taken and transmitted to the | 2 | | Department of State
Police. The Department shall examine its | 3 | | records and submit to the State's
Attorney of the county in | 4 | | which the investigator seeks appointment any
conviction | 5 | | information concerning the person on file with the Department.
| 6 | | No person shall be appointed as a special investigator if he | 7 | | has been
convicted of a felony or other offense involving | 8 | | moral turpitude. A
special investigator shall be paid a salary | 9 | | and be reimbursed for actual
expenses incurred in performing | 10 | | his assigned duties. The county board
shall approve the salary | 11 | | and actual expenses and appropriate the salary
and expenses in | 12 | | the 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 | 24 | | parent by the employer of the putative father or
noncustodial | 25 | | parent
or by a labor union of which the putative father or | 26 | | noncustodial parent is a
member.
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| 1 | | (d) (Blank).
| 2 | | (e) The State's Attorney shall have the authority to enter | 3 | | into a written
agreement with the Department of Revenue for | 4 | | pursuit of civil
liability under subsection (E) of Section | 5 | | 17-1 of the Criminal Code of 2012 against persons who
have | 6 | | issued to the Department checks or other orders in violation | 7 | | of the
provisions of paragraph (1) of subsection (B) of | 8 | | Section 17-1 of the Criminal
Code of 2012, with the Department | 9 | | to retain the amount owing upon the
dishonored check or order | 10 | | along with the dishonored check fee imposed under the
Uniform | 11 | | Penalty and Interest Act, with the balance of damages, fees, | 12 | | and costs
collected under subsection (E) of Section 17-1 of | 13 | | the Criminal Code of 2012 or under Section 17-1a of that Code | 14 | | to be retained by
the State's Attorney. The agreement shall | 15 | | not affect the allocation of fines
and costs imposed in any | 16 | | criminal prosecution.
| 17 | | (Source: P.A. 101-275, eff. 8-9-19.)
| 18 | | (55 ILCS 5/3-9014 new) | 19 | | Sec. 3-9014. County opioid coordinators. | 20 | | (a) Each state's attorney shall appoint an opioid | 21 | | coordinator who shall be an attorney under the jurisdiction of | 22 | | each state's attorney. | 23 | | (b) Each opioid coordinator shall be responsible for: (i) | 24 | | facilitating intake of cases involving prescription opioids, | 25 | | heroin, and fentanyl; (ii) convening a task force of local law |
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| 1 | | enforcement personnel to identify opioid cases for | 2 | | prosecution, facilitate interdiction efforts, and tailor the | 3 | | county's response to the needs of the community; (iii) | 4 | | providing legal advice and training to assistant state's | 5 | | attorneys regarding the prosecution of opioid offenses; (iv) | 6 | | maintaining statistics on the opioid prosecutions in the | 7 | | county; and (v) developing and continually evaluating the | 8 | | effectiveness of each state's attorney's strategy to combat | 9 | | the opioid epidemic. | 10 | | (c) Each opioid coordinator shall, when necessary, | 11 | | coordinate with the State Opioid Coordinator appointed by the | 12 | | Attorney General under Section 10 of the Attorney General Act.
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