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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 5 | Section 2-115 as follows:
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| 6 | (625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
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| 7 | Sec. 2-115. Investigators.
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| 8 | (a) The Secretary of State, for the purpose
of
more | ||||||
| 9 | effectively carrying out the provisions of the laws in relation | ||||||
| 10 | to
motor vehicles, shall have power to appoint such number of | ||||||
| 11 | investigators as
he may deem necessary. It shall be the duty of | ||||||
| 12 | such investigators to
investigate and enforce violations of the | ||||||
| 13 | provisions of this
Act administered by the Secretary of State | ||||||
| 14 | and provisions of Chapters 11,
12, 13, 14 and 15 and to | ||||||
| 15 | investigate and report any violation by any person
who operates | ||||||
| 16 | as a motor carrier of property as defined in Section 18-100 of
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| 17 | this Act and does not hold a valid certificate or permit. Such | ||||||
| 18 | investigators
shall have and may exercise throughout the State | ||||||
| 19 | all of the powers of
peace officers.
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| 20 | No person may be retained in service as an investigator | ||||||
| 21 | under this
Section after he or she has reached 60 years of age, | ||||||
| 22 | except for a person employed in the title of Capitol Police | ||||||
| 23 | Investigator and who began employment on or after January 1, | ||||||
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| 1 | 2011, in which case, they may not be retained in service after | ||||||
| 2 | that person has reached 65 years of age.
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| 3 | The Secretary of State must authorize to each investigator | ||||||
| 4 | employed under
this
Section and to any other employee of the | ||||||
| 5 | Office of the Secretary of State
exercising the
powers of a | ||||||
| 6 | peace officer a distinct badge that, on its face, (i) clearly
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| 7 | states that the
badge is authorized by
the Office of the | ||||||
| 8 | Secretary of State and (ii) contains a unique identifying
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| 9 | number.
No other badge shall be authorized by
the Office of the | ||||||
| 10 | Secretary of State.
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| 11 | (b) The Secretary may expend such sums as he deems | ||||||
| 12 | necessary from
Contractual
Services appropriations for the | ||||||
| 13 | Department of Police
for the purchase of evidence, for the | ||||||
| 14 | employment of persons to obtain
evidence, and for the payment | ||||||
| 15 | for any goods or services related to
obtaining evidence. Such | ||||||
| 16 | sums shall be advanced to investigators authorized by
the
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| 17 | Secretary to expend funds, on vouchers signed by the Secretary. | ||||||
| 18 | In
addition, the Secretary of State is authorized to maintain | ||||||
| 19 | one or more
commercial checking accounts with any State banking | ||||||
| 20 | corporation or
corporations organized under or subject to the | ||||||
| 21 | Illinois Banking Act for the
deposit and withdrawal of moneys | ||||||
| 22 | to be used solely for the purchase of
evidence and for the | ||||||
| 23 | employment of persons to obtain evidence, or for the
payment | ||||||
| 24 | for any goods or services related to obtaining evidence; | ||||||
| 25 | provided
that no check may be written on nor any withdrawal | ||||||
| 26 | made from any such
account except on the written signatures of | ||||||
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| 1 | 2 persons designated by the
Secretary to write such checks and | ||||||
| 2 | make such withdrawals, and provided
further that the balance of | ||||||
| 3 | moneys on deposit in any such account shall not
exceed $5,000 | ||||||
| 4 | at any time, nor shall any one check written on or single
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| 5 | withdrawal made from any such account exceed $5,000.
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| 6 | All fines or moneys collected or received by the Department | ||||||
| 7 | of Police under
any State or federal forfeiture statute; | ||||||
| 8 | including, but not limited to moneys
forfeited under Section 12 | ||||||
| 9 | of the Cannabis Control Act, moneys forfeited under Section 85 | ||||||
| 10 | of the Methamphetamine Control and Community Protection Act,
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| 11 | and moneys distributed
under Section 413 of the Illinois | ||||||
| 12 | Controlled Substances Act, shall be deposited
into the | ||||||
| 13 | Secretary of State Evidence Fund.
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| 14 | In all convictions for offenses in violation of this Act, | ||||||
| 15 | the Court may
order restitution to the Secretary of any or all | ||||||
| 16 | sums expended for the
purchase of evidence, for the employment | ||||||
| 17 | of persons to obtain evidence,
and for the payment for any | ||||||
| 18 | goods or services related to obtaining evidence.
All such | ||||||
| 19 | restitution received by the Secretary shall be deposited into | ||||||
| 20 | the
Secretary of State Evidence Fund. Moneys deposited into the | ||||||
| 21 | fund shall,
subject to appropriation, be used by the Secretary | ||||||
| 22 | of State for the
purposes provided for under the provisions of | ||||||
| 23 | this Section.
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| 24 | (Source: P.A. 94-556, eff. 9-11-05.)
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