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Public Act 099-0208
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| SB0809 Enrolled | LRB099 05872 MRW 25920 b |
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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 |
Act is amended by changing Sections 3, 7.06, and 9.02 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 |
Attorneys
Appellate Prosecutor as a judicial agency of state |
government.
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(a) The Office of the State's Attorneys Appellate |
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 |
District
containing less than 3,000,000 inhabitants;
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(2) The State's Attorney of Cook County or his or her |
designee; and
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(3) One State's Attorney to be annually appointed by |
the other 9 members.
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(b) Voting for elected members shall be by District with |
each of the
State's Attorneys voting from their respective |
district. Each
board member must be duly elected or appointed |
and serving as
State's Attorney in the district from which he |
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was elected or appointed.
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(c) Elected members shall serve for a term of 2 years |
commencing upon their election and until their successors are |
duly elected or
appointed and qualified.
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(d) An annual election of members of the board
shall be |
held within 30 days prior or subsequent to the beginning of the |
fiscal year, and the board shall 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 |
shall elect
a Chairman and a Vice-Chairman and such other |
officers as it deems
appropriate. The board shall meet at least |
once every 3
months, and in addition thereto as directed by the |
Chairman, or upon the special
call of any 5 members of the |
board, in writing, sent to the
Chairman, designating the time |
and place of the meeting.
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(f) Five members of the board shall constitute
a quorum for |
the purpose of transacting business.
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(g) Members of the board shall serve without compensation, |
but
shall be reimbursed for necessary expenses incurred in the |
performance
of their duties.
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(h) A position shall be vacated by either a member's |
resignation,
removal or inability to serve as State's Attorney.
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(i) Vacancies on the board of elected members shall be |
filled
within 90 days of the occurrence of the vacancy by a |
special election
held by the State's Attorneys in the district |
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where the vacancy
occurred. Vacancies on the board of the |
appointed member shall be
filled within 90 days of the |
occurrence of the vacancy by a special
election by the members. |
In the case of a special election, the tabulation and |
certification of the results may be conducted at any regularly |
scheduled quarterly or special meeting called for that purpose. |
A member elected or appointed to fill
such position shall serve |
for the unexpired term of the member whom he
is succeeding. Any |
member may be re-elected or re-appointed for
additional terms.
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(Source: P.A. 96-900, eff. 5-28-10.)
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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 contract for or employ |
part-time such investigators to
provide
investigative services |
in criminal cases and tax objection cases for staff
counsel and |
county state's attorneys. Investigators may be authorized by
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the board to carry tear gas gun projectors or bombs, pistols, |
revolvers,
stun guns, tasers or other firearms.
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Subject to the qualifications set forth below, |
investigators shall be
peace officers and shall have all the |
powers possessed by policemen in
cities and by sheriffs; |
provided, that investigators shall exercise such
powers |
anywhere in the State only after contact and in cooperation |
with the
appropriate local law enforcement agencies, unless the |
contact and cooperation would compromise an investigation in |
which they have a personal involvement.
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No investigator shall have peace officer status or exercise |
police powers
unless he or she successfully completes the basic |
police training course
mandated and approved by the Illinois |
Law Enforcement Training Standards
Board or such board waives |
the training requirement by reason of the
investigator's prior |
law enforcement experience or training or both.
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The board shall not waive the training requirement unless |
the
investigator has had a minimum of 5 years experience as a |
sworn officer of
a local, state or federal law enforcement |
agency, 2 of which shall have
been in an investigatory |
capacity.
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(b) The Director must authorize to each investigator |
contracted or employed under this
Section and
to any other |
employee of the Office exercising the powers of a peace officer |
a
distinct
badge that, on its face, (i) clearly states that the |
badge is authorized by the
Office and (ii)
contains a
unique |
identifying number.
No other badge shall be authorized by
the |
Office. Nothing in this subsection prohibits the Director from |
issuing shields or other distinctive identification to |
employees not exercising the powers of a peace officer if the |
Director determines that a shield or distinctive |
identification is necessary for the employee to carry out his |
or her duties and responsibilities.
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(Source: P.A. 96-900, eff. 5-28-10; 97-1012, eff. 8-17-12.)
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(725 ILCS 210/9.02) (from Ch. 14, par. 209.02)
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