HB3137 102ND GENERAL ASSEMBLY

LRB102 12545 AWJ 17883 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3137

Introduced 2/19/2021, by Rep. Suzanne Ness

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-6015.5 new
55 ILCS 5/5-1186 new

Amends the Counties Code. Provides that a sheriff's department or a department of a county authorized by the county board or board of county commissioners is allowed to conduct independent investigations of abuse, neglect, or infectious disease within the county, even if another law enforcement agency or State agency is investigating, or already has investigated, the same abuse, neglect, or infectious disease. Provides that a county's investigative jurisdiction and authority is concurrent with any other entity investigating such abuse, neglect, or infectious disease, except that investigations of a sheriff's department or county department that are running concurrently with a law enforcement agency or State agency investigation is subordinate to the law enforcement agency or State agency with primary jurisdiction over the abuse, neglect, or infectious disease. Provides for sharing of information and documents between law enforcement agencies, State agencies and county investigators. Defines terms.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Sections 3-6015.5 and 5-1186 as follows:

(55 ILCS 5/3-6015.5 new)

Sec. 3-6015.5. Investigation of abuse, neglect, or infectious disease. A sheriff and his or her deputies may investigate abuse, neglect, or infectious disease as provided in Section 5-1186.

(55 ILCS 5/5-1186 new)

Sec. 5-1186. Investigation of abuse, neglect, or infectious disease.

(a) As used in this Section:

"Infectious disease" has the meaning given to that term in Section 2.01c of the Department of Veterans' Affairs Act.

"Law enforcement agency" means a county, municipal, or State law enforcement agency.

(b) A sheriff's department or a department of a county authorized by the county board or board of county commissioners is allowed to conduct independent investigations of abuse, neglect, or infectious disease within the county, even if another law enforcement agency or State agency is investigating, or already has investigated, the same abuse, neglect, or infectious disease. A county's investigative jurisdiction and authority under this Section is concurrent with any other entity investigating such abuse, neglect, or infectious disease. However, investigations of a sheriff's department or county department that are running concurrently with a law enforcement agency or State agency investigation is subordinate to the law enforcement agency or State agency with primary jurisdiction over the abuse, neglect, or infectious disease.

(c) A law enforcement agency or State agency shall, as soon as is reasonably practicable, provide the sheriff's department or county department with any information or documentation requested by the sheriff's department or county department during an investigation authorized under this Section. Any information that is confidential, privileged, or otherwise not disclosable to the public shall be marked as such and shall not be disclosed outside of the investigation by the sheriff's department or county department without authorization from the agency that provided the information or unless otherwise provided by law.

(d) A sheriff's department or county department aware of a concurrent investigation by a law enforcement agency or State agency shall, as soon as is reasonably practicable, share its investigative discovery, findings, reports, and any relevant information obtained through the course of the concurrent investigation with law enforcement agency or State agency.

(e) The investigating agents of a sheriff's department or county department under this Section have the general power of subpoena, including the authority to issue a subpoena to a medical provider, pursuant to Section 8-802 of the Code of Civil Procedure.

(f) The provisions of this Section are notwithstanding any other provision of law.