093_SB0056
LRB093 03281 RLC 03298 b
1 AN ACT in relation to Crime Stoppers.
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
5 changing Section 4 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
9 State before the supreme court in all cases in which the
10 State or the people of the State are interested.
11 Notwithstanding this provision, the Office of Public Counsel
12 shall be authorized to represent the interests of the people
13 of the State in all proceedings pertinent to utility
14 regulation, including cases before the supreme court, where
15 any such case is properly brought by the Office pursuant to
16 its statutory duties and powers.
17 Second - To institute and prosecute all actions and
18 proceedings in favor of or for the use of the State, which
19 may be necessary in the execution of the duties of any State
20 officer.
21 Third - To defend all actions and proceedings against any
22 State officer, in his official capacity, in any of the courts
23 of this State or the United States.
24 Fourth - To consult with and advise the several State's
25 Attorneys in matters relating to the duties of their office;
26 and when, in his judgment, the interest of the people of the
27 State requires it, he shall attend the trial of any party
28 accused of crime, and assist in the prosecution. When the
29 Attorney General has requested in writing that a State's
30 Attorney initiate court proceedings to enforce any provisions
31 of the Election Code or to initiate a criminal prosecution
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1 with respect to a violation of the Election Code, and when
2 the State's Attorney has declined in writing to initiate
3 those proceedings or prosecutions or when the State's
4 Attorney has neither initiated the proceedings or
5 prosecutions nor responded in writing to the Attorney General
6 within 60 days of the receipt of the request, the Attorney
7 General may, concurrently with or independently of the
8 State's Attorney, initiate such proceedings or prosecutions.
9 Fifth - To investigate alleged violations of the statutes
10 which the Attorney General has a duty to enforce and to
11 conduct other investigations in connection with assisting in
12 the prosecution of a criminal offense at the request of a
13 State's Attorney.
14 Sixth - To consult with and advise the governor and other
15 State officers, and give, when requested, written opinions
16 upon all legal or constitutional questions relating to the
17 duties of such officers respectively.
18 Seventh - To prepare, when necessary, proper drafts for
19 contracts and other writings relating to subjects in which
20 the State is interested.
21 Eighth - To give written opinions, when requested by
22 either branch of the general assembly, or any committee
23 thereof, upon constitutional or legal questions.
24 Ninth - To enforce the proper application of funds
25 appropriated to the public institutions of the State,
26 prosecute breaches of trust in the administration of such
27 funds, and, when necessary, prosecute corporations for
28 failure or refusal to make the reports required by law.
29 Tenth - To keep, a register of all cases prosecuted or
30 defended by him, in behalf of the State or its officers, and
31 of all proceedings had in relation thereto, and to deliver
32 the same to his successor in office.
33 Eleventh - To keep on file in his office a copy of the
34 official opinions issued by the Attorney General and deliver
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1 same to his successor.
2 Twelfth - To pay into the State treasury all moneys
3 received by him for the use of the State.
4 Thirteenth - To attend to and perform any other duty
5 which may, from time to time, be required of him by law.
6 Fourteenth - To attend, present evidence to and prosecute
7 indictments returned by each Statewide Grand Jury.
8 Fifteenth - To certify Crime Stoppers organizations as
9 defined in Section 8-802.3 of the Code of Civil Procedure.
10 (Source: P.A. 87-466.)
11 Section 10. The Code of Civil Procedure is amended by
12 adding Section 8-802.3 as follows:
13 (735 ILCS 5/8-802.3 new)
14 Sec. 8-802.3. Privileged information to Crime Stoppers
15 organizations.
16 (a) Definitions. In this Section:
17 "Crime Stoppers organization" means a private, nonprofit
18 organization certified by the Attorney General that accepts
19 and expends donations for rewards to persons who report to
20 the organization information concerning criminal activity and
21 that forwards the information to the appropriate law
22 enforcement agency.
23 "Privileged information" means the identity of the person
24 reporting criminal activity to a Crime Stoppers organization,
25 any records, statements (oral, written, or recorded), papers,
26 documents, or any materials whatsoever utilized by a Crime
27 Stoppers organization that identifies the person reporting
28 criminal activity to a Crime Stoppers organization or in
29 processing such information that contains the identity of the
30 person reporting the criminal activity to a Crime Stoppers
31 organization, whether such information is in the possession
32 of a Crime Stoppers organization, a police "Crime Stoppers"
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1 coordinator or his or her staff, or a law enforcement agency
2 receiving such information from a Crime Stoppers
3 organization.
4 (b) Nondisclosure of privileged information. No person
5 may disclose, by way of testimony or any other means
6 privileged information; nor shall the person be required to
7 produce, under subpoena, any records, documentary evidence,
8 opinions, or decisions relating to the privileged information
9 (i) in connection with any criminal case, any criminal
10 proceeding, or any administrative hearing of whatever nature,
11 or (ii) by way of any discovery procedure.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.