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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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