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90_HB1891
55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
Amends the Counties Code concerning the powers and duties
of a State's Attorney. Makes a technical change.
LRB9005226MWcd
LRB9005226MWcd
1 AN ACT to amend the Counties Code by changing Section
2 3-9005.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 3-9005 as follows:
7 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
8 Sec. 3-9005. Powers and duties of a State's Attorney.
9 (a) The duty of each State's attorney shall be:
10 (1) To commence and prosecute all actions, suits,
11 indictments and prosecutions, civil and criminal, in the
12 circuit court for his county, in which the people of the
13 State or county may be concerned.
14 (2) To prosecute all forfeited bonds and
15 recognizances, and all actions and proceedings for the
16 recovery of debts, revenues, moneys, fines, penalties and
17 forfeitures accruing to the State or his county, or to
18 any school district or road district in his county; also,
19 to prosecute all suits in his county against railroad or
20 transportation companies, which may be prosecuted in the
21 name of the People of the State of Illinois.
22 (3) To commence and prosecute all actions and
23 proceedings brought by any county officer in his official
24 capacity.
25 (4) To defend all actions and proceedings brought
26 against his county, or against any county or State
27 officer, in his official capacity, within his county.
28 (5) To attend the examination of all persons
29 brought before any judge on habeas corpus, when the
30 prosecution is in his county.
31 (6) To attend before judges and prosecute charges
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1 of felony or misdemeanor, for which the offender is
2 required to be recognized to appear before the circuit
3 court, when in his power so to do.
4 (7) To give his opinion, without fee or reward, to
5 any county officer in his county, upon any question or
6 law relating to any criminal or other matter, in which
7 the people or the county may be concerned.
8 (8) To assist the attorney general whenever it may
9 be necessary, and in cases of appeal from his county to
10 the Supreme Court, to which it is the duty of the
11 attorney general to attend, he shall furnish the attorney
12 general at least 10 days before such is due to be filed,
13 a manuscript of a proposed statement, brief and argument
14 to be printed and filed on behalf of the people, prepared
15 in accordance with the rules of the Supreme Court.
16 However, if such brief, argument or other document is due
17 to be filed by law or order of court within this 10 day
18 period, then the State's attorney shall furnish such as
19 soon as may be reasonable.
20 (9) To pay all moneys received by him in trust,
21 without delay, to the officer who by law is entitled to
22 the custody thereof.
23 (10) To notify, by first class mail, complaining
24 witnesses of the ultimate disposition of the cases
25 arising from an indictment or an information.
26 (11) To perform such other and further duties as
27 may, from time to time, be enjoined on him by law.
28 (12) To appear in all proceedings by collectors of
29 taxes against delinquent taxpayers for judgments to sell
30 real estate, and see that all the necessary preliminary
31 steps have been legally taken to make the judgment legal
32 and binding.
33 (b) The State's Attorney of each county shall have
34 authority to appoint one or more special investigators to
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1 serve subpoenas, make return of process and conduct
2 investigations which assist the State's Attorney in the
3 performance of his duties. A special investigator shall not
4 carry firearms except with permission of the State's Attorney
5 and only while carrying appropriate identification indicating
6 his employment and in the performance of his assigned duties.
7 Subject to the qualifications set forth in this
8 subsection, special investigators shall be peace officers and
9 shall have all the powers possessed by investigators under
10 the State's Attorneys Appellate Prosecutor's Act.
11 No special investigator employed by the State's Attorney
12 shall have peace officer status or exercise police powers
13 unless he or she successfully completes the basic police
14 training course mandated and approved by the Illinois Law
15 Enforcement Training Standards Board or such board waives the
16 training requirement by reason of the special investigator's
17 prior law enforcement experience or training or both. Any
18 State's Attorney appointing a special investigator shall
19 consult with all affected local police agencies, to the
20 extent consistent with the public interest, if the special
21 investigator is assigned to areas within that agency's
22 jurisdiction.
23 Before a person is appointed as a special investigator,
24 his fingerprints shall be taken and transmitted to the
25 Department of State Police. The Department shall examine its
26 records and submit to the State's Attorney of the county in
27 which the investigator seeks appointment any conviction
28 information concerning the person on file with the
29 Department. No person shall be appointed as a special
30 investigator if he has been convicted of a felony or other
31 offense involving moral turpitude. A special investigator
32 shall be paid a salary and be reimbursed for actual expenses
33 incurred in performing his assigned duties. The county board
34 shall approve the salary and actual expenses and appropriate
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1 the salary and expenses in the manner prescribed by law or
2 ordinance.
3 (c) The State's Attorney may request and receive from
4 employers, labor unions, telephone companies, and utility
5 companies location information concerning putative fathers
6 and noncustodial parents for the purpose of establishing a
7 child's paternity or establishing, enforcing, or modifying a
8 child support obligation. In this subsection, "location
9 information" means information about (i) the physical
10 whereabouts of a putative father or noncustodial parent, (ii)
11 the putative father or noncustodial parent's employer, or
12 (iii) the salary, wages, and other compensation paid and the
13 health insurance coverage provided to the putative father or
14 noncustodial parent by the employer of the putative father or
15 noncustodial parent or by a labor union of which the putative
16 father or noncustodial parent is a member.
17 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)