96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3138

 

Introduced 2/24/2009, by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-9005   from Ch. 34, par. 3-9005

    Amends the Counties Code. Makes a technical change in a Section concerning the powers and duties of State's attorneys.


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A BILL FOR

 

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1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing Section
5 3-9005 as follows:
 
6     (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
7     Sec. 3-9005. Powers and duties of State's attorney.
8     (a) The The duty of each State's attorney shall be:
9         (1) To commence and prosecute all actions, suits,
10     indictments and prosecutions, civil and criminal, in the
11     circuit court for his county, in which the people of the
12     State or county may be concerned.
13         (2) To prosecute all forfeited bonds and
14     recognizances, and all actions and proceedings for the
15     recovery of debts, revenues, moneys, fines, penalties and
16     forfeitures accruing to the State or his county, or to any
17     school district or road district in his county; also, to
18     prosecute all suits in his county against railroad or
19     transportation companies, which may be prosecuted in the
20     name of the People of the State of Illinois.
21         (3) To commence and prosecute all actions and
22     proceedings brought by any county officer in his official
23     capacity.

 

 

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1         (4) To defend all actions and proceedings brought
2     against his county, or against any county or State officer,
3     in his official capacity, within his county.
4         (5) To attend the examination of all persons brought
5     before any judge on habeas corpus, when the prosecution is
6     in his county.
7         (6) To attend before judges and prosecute charges of
8     felony or misdemeanor, for which the offender is required
9     to be recognized to appear before the circuit court, when
10     in his power so to do.
11         (7) To give his opinion, without fee or reward, to any
12     county officer in his county, upon any question or law
13     relating to any criminal or other matter, in which the
14     people or the county may be concerned.
15         (8) To assist the attorney general whenever it may be
16     necessary, and in cases of appeal from his county to the
17     Supreme Court, to which it is the duty of the attorney
18     general to attend, he shall furnish the attorney general at
19     least 10 days before such is due to be filed, a manuscript
20     of a proposed statement, brief and argument to be printed
21     and filed on behalf of the people, prepared in accordance
22     with the rules of the Supreme Court. However, if such
23     brief, argument or other document is due to be filed by law
24     or order of court within this 10 day period, then the
25     State's attorney shall furnish such as soon as may be
26     reasonable.

 

 

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1         (9) To pay all moneys received by him in trust, without
2     delay, to the officer who by law is entitled to the custody
3     thereof.
4         (10) To notify, by first class mail, complaining
5     witnesses of the ultimate disposition of the cases arising
6     from an indictment or an information.
7         (11) To perform such other and further duties as may,
8     from time to time, be enjoined on him by law.
9         (12) To appear in all proceedings by collectors of
10     taxes against delinquent taxpayers for judgments to sell
11     real estate, and see that all the necessary preliminary
12     steps have been legally taken to make the judgment legal
13     and binding.
14     (b) The State's Attorney of each county shall have
15 authority to appoint one or more special investigators to serve
16 subpoenas, make return of process and conduct investigations
17 which assist the State's Attorney in the performance of his
18 duties. A special investigator shall not carry firearms except
19 with permission of the State's Attorney and only while carrying
20 appropriate identification indicating his employment and in
21 the performance of his assigned duties.
22     Subject to the qualifications set forth in this subsection,
23 special investigators shall be peace officers and shall have
24 all the powers possessed by investigators under the State's
25 Attorneys Appellate Prosecutor's Act.
26     No special investigator employed by the State's Attorney

 

 

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1 shall have peace officer status or exercise police powers
2 unless he or she successfully completes the basic police
3 training course mandated and approved by the Illinois Law
4 Enforcement Training Standards Board or such board waives the
5 training requirement by reason of the special investigator's
6 prior law enforcement experience or training or both. Any
7 State's Attorney appointing a special investigator shall
8 consult with all affected local police agencies, to the extent
9 consistent with the public interest, if the special
10 investigator is assigned to areas within that agency's
11 jurisdiction.
12     Before a person is appointed as a special investigator, his
13 fingerprints shall be taken and transmitted to the Department
14 of State Police. The Department shall examine its records and
15 submit to the State's Attorney of the county in which the
16 investigator seeks appointment any conviction information
17 concerning the person on file with the Department. No person
18 shall be appointed as a special investigator if he has been
19 convicted of a felony or other offense involving moral
20 turpitude. A special investigator shall be paid a salary and be
21 reimbursed for actual expenses incurred in performing his
22 assigned duties. The county board shall approve the salary and
23 actual expenses and appropriate the salary and expenses in the
24 manner prescribed by law or ordinance.
25     (c) The State's Attorney may request and receive from
26 employers, labor unions, telephone companies, and utility

 

 

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1 companies location information concerning putative fathers and
2 noncustodial parents for the purpose of establishing a child's
3 paternity or establishing, enforcing, or modifying a child
4 support obligation. In this subsection, "location information"
5 means information about (i) the physical whereabouts of a
6 putative father or noncustodial parent, (ii) the putative
7 father or noncustodial parent's employer, or (iii) the salary,
8 wages, and other compensation paid and the health insurance
9 coverage provided to the putative father or noncustodial parent
10 by the employer of the putative father or noncustodial parent
11 or by a labor union of which the putative father or
12 noncustodial parent is a member.
13     (d) For each State fiscal year, the State's Attorney of
14 Cook County shall appear before the General Assembly and
15 request appropriations to be made from the Capital Litigation
16 Trust Fund to the State Treasurer for the purpose of providing
17 assistance in the prosecution of capital cases in Cook County
18 and for the purpose of providing assistance to the State in
19 post-conviction proceedings in capital cases under Article 122
20 of the Code of Criminal Procedure of 1963 and in relation to
21 petitions filed under Section 2-1401 of the Code of Civil
22 Procedure in relation to capital cases. The State's Attorney
23 may appear before the General Assembly at other times during
24 the State's fiscal year to request supplemental appropriations
25 from the Trust Fund to the State Treasurer.
26     (e) The State's Attorney shall have the authority to enter

 

 

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1 into a written agreement with the Department of Revenue for
2 pursuit of civil liability under Section 17-1a of the Criminal
3 Code of 1961 against persons who have issued to the Department
4 checks or other orders in violation of the provisions of
5 paragraph (d) of subsection (B) of Section 17-1 of the Criminal
6 Code of 1961, with the Department to retain the amount owing
7 upon the dishonored check or order along with the dishonored
8 check fee imposed under the Uniform Penalty and Interest Act,
9 with the balance of damages, fees, and costs collected under
10 Section 17-1a of the Criminal Code of 1961 to be retained by
11 the State's Attorney. The agreement shall not affect the
12 allocation of fines and costs imposed in any criminal
13 prosecution.
14 (Source: P.A. 92-492, eff. 1-1-02; 93-972, eff. 8-20-04.)