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| [ Senate Amendment 002 ] |
90_SB0182
55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
55 ILCS 5/4-2003 from Ch. 34, par. 4-2003
Amends the Counties Code. Deletes provision requiring a
State's Attorney who appoints a special investigator to
consult with local police agencies if the investigator is
assigned to areas within the agencies' jurisdiction.
Provides that the number and compensation of special
investigators shall be fixed by the State's Attorney subject
to budgetary limitations established by the county board (now
the county board approves the salary and actual expenses and
appropriates them in the manner prescribed by law or
ordinance). Deletes provision requiring the number of
assistant State's Attorneys to be determined by the county
board and that their salaries be paid in quarterly annual
installments on the order of the county board. Places those
responsibilities under the State's Attorney subject to county
board budgetary limitations. Effective immediately.
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1 AN ACT to amend the Counties Code by changing Sections
2 3-9005 and 4-2003.
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 Sections 3-9005 and 4-2003 as follows:
7 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
8 Sec. 3-9005. Powers and duties of 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,
17 and forfeitures accruing to the State or his county, or
18 to any school district or road district in his county;
19 also, to prosecute all suits in his county against
20 railroad or transportation companies, which may be
21 prosecuted in the name of the People of the State of
22 Illinois.
23 (3) To commence and prosecute all actions and
24 proceedings brought by any county officer in his official
25 capacity.
26 (4) To defend all actions and proceedings brought
27 against his county, or against any county or State
28 officer, in his official capacity, within his county.
29 (5) To attend the examination of all persons
30 brought before any judge on habeas corpus, when the
31 prosecution is in his county.
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1 (6) To attend before judges and prosecute charges
2 of felony or misdemeanor, for which the offender is
3 required to be recognized to appear before the circuit
4 court, when in his power so to do.
5 (7) To give his opinion, without fee or reward, to
6 any county officer in his county, upon any question or
7 law relating to any criminal or other matter, in which
8 the people or the county may be concerned.
9 (8) To assist the Attorney General whenever it may
10 be necessary, and in cases of appeal from his county to
11 the Supreme Court, to which it is the duty of the
12 Attorney General to attend, he shall furnish the Attorney
13 General at least 10 days before such is due to be filed,
14 a manuscript of a proposed statement, brief and argument
15 to be printed and filed on behalf of the people, prepared
16 in accordance with the rules of the Supreme Court.
17 However, if such brief, argument or other document is due
18 to be filed by law or order of court within this 10 day
19 period, then the State's Attorney shall furnish such as
20 soon as may be reasonable.
21 (9) To pay all moneys received by him in trust,
22 without delay, to the officer who by law is entitled to
23 the custody thereof.
24 (10) To notify, by first class mail, complaining
25 witnesses of the ultimate disposition of the cases
26 arising from an indictment or an information.
27 (11) To perform such other and further duties as
28 may, from time to time, be enjoined on him by law.
29 (12) To appear in all proceedings by collectors of
30 taxes against delinquent taxpayers for judgments to sell
31 real estate, and see that all the necessary preliminary
32 steps have been legally taken to make the judgment legal
33 and binding.
34 (b) The State's Attorney of each county shall have
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1 authority to appoint one or more special investigators to
2 serve subpoenas, make return of process and conduct
3 investigations which assist the State's Attorney in the
4 performance of his duties. A special investigator shall not
5 carry firearms except with permission of the State's Attorney
6 and only while carrying appropriate identification indicating
7 his employment and in the performance of his assigned duties.
8 Subject to the qualifications set forth in this
9 subsection, special investigators shall be peace officers and
10 shall have all the powers possessed by investigators under
11 the State's Attorneys Appellate Prosecutor's Act.
12 No special investigator employed by the State's Attorney
13 shall have peace officer status or exercise police powers
14 unless he or she successfully completes the basic police
15 training course mandated and approved by the Illinois Law
16 Enforcement Training Standards Board or such board waives the
17 training requirement by reason of the special investigator's
18 prior law enforcement experience or training or both. Any
19 State's Attorney appointing a special investigator shall
20 consult with all affected local police agencies, to the
21 extent consistent with the public interest, if the special
22 investigator is assigned to areas within that agency's
23 jurisdiction.
24 Before a person is appointed as a special investigator,
25 his fingerprints shall be taken and transmitted to the
26 Department of State Police. The Department shall examine its
27 records and submit to the State's Attorney of the county in
28 which the investigator seeks appointment any conviction
29 information concerning the person on file with the
30 Department. No person shall be appointed as a special
31 investigator if he has been convicted of a felony or other
32 offense involving moral turpitude. A special investigator
33 shall be paid a salary and be reimbursed for actual expenses
34 incurred in performing his assigned duties. The number and
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1 compensation of special investigators shall be fixed by the
2 State's Attorney subject to budgetary limitations established
3 by the county board. The county board shall approve the
4 salary and actual expenses and appropriate the salary and
5 expenses in the manner prescribed by law or ordinance.
6 (c) The State's Attorney may request and receive from
7 employers, labor unions, telephone companies, and utility
8 companies location information concerning putative fathers
9 and noncustodial parents for the purpose of establishing a
10 child's paternity or establishing, enforcing, or modifying a
11 child support obligation. In this subsection, "location
12 information" means information about (i) the physical
13 whereabouts of a putative father or noncustodial parent, (ii)
14 the putative father or noncustodial parent's employer, or
15 (iii) the salary, wages, and other compensation paid and the
16 health insurance coverage provided to the putative father or
17 noncustodial parent by the employer of the putative father or
18 noncustodial parent or by a labor union of which the putative
19 father or noncustodial parent is a member.
20 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)
21 (55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
22 Sec. 4-2003. Assistants. Where assistant State's
23 attorneys are required in any county, the number of such
24 assistants shall be determined by the county board, and the
25 salaries of such assistants shall be fixed by the State's
26 Attorney subject to budgetary limitations established by the
27 county board and paid out of the county treasury in quarterly
28 annual installments, on the order of the county board on the
29 treasurer of said county. Such assistant State's attorneys to
30 be named by the State's attorney of the county, and when so
31 appointed shall take oath of office in like manner as State's
32 attorneys, and shall be under the supervision of the State's
33 attorney.
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1 (Source: P.A. 86-962; 86-1303.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.