Illinois General Assembly - Full Text of SB3327
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Full Text of SB3327  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/7/2024, by Sen. John F. Curran


55 ILCS 5/3-9005  from Ch. 34, par. 3-9005

    Amends the Counties Code. Removes a provision limiting a special investigator appointed by a State's Attorney to carrying a firearm only in the performance of the special investigator's assigned duties (currently, a special investigator shall not carry firearms except with permission of the State's Attorney and only while carrying appropriate identification indicating the special investigator's employment and in the performance of the special investigator's assigned duties).

LRB103 36459 AWJ 66562 b





SB3327LRB103 36459 AWJ 66562 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Section 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 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 the 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 the county, or to any
17    school district or road district in the county; also, to
18    prosecute all suits in the 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 the county
23    officer's official capacity.



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



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1    10-day period, then the State's Attorney shall furnish
2    such as soon as may be reasonable.
3        (9) To pay all moneys received by the State's Attorney
4    in trust, without delay, to the officer who by law is
5    entitled to the custody thereof.
6        (10) To notify, by first class mail, complaining
7    witnesses of the ultimate disposition of the cases arising
8    from an indictment or an information.
9        (11) To perform such other and further duties as may,
10    from time to time, be enjoined on the State's Attorney by
11    law.
12        (12) To appear in all proceedings by collectors of
13    taxes against delinquent taxpayers for judgments to sell
14    real estate, and see that all the necessary preliminary
15    steps have been legally taken to make the judgment legal
16    and binding.
17        (13) To notify, by first-class mail, the State
18    Superintendent of Education, the applicable regional
19    superintendent of schools, and the superintendent of the
20    employing school district or the chief school
21    administrator of the employing nonpublic school, if any,
22    upon the conviction of any individual known to possess a
23    certificate or license issued pursuant to Article 21 or
24    21B, respectively, of the School Code of any offense set
25    forth in Section 21B-80 of the School Code or any other
26    felony conviction, providing the name of the certificate



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1    holder, the fact of the conviction, and the name and
2    location of the court where the conviction occurred. The
3    certificate holder must also be contemporaneously sent a
4    copy of the notice.
5    (b) The State's Attorney of each county shall have
6authority to appoint one or more special investigators to
7serve subpoenas and summonses, make return of process, and
8conduct investigations which assist the State's Attorney in
9the performance of the State's Attorney duties. In counties of
10the first and second class, the fees for service of subpoenas
11and summonses are allowed by this Section and shall be
12consistent with those set forth in Section 4-5001 of this Act,
13except when increased by county ordinance as provided for in
14Section 4-5001. In counties of the third class, the fees for
15service of subpoenas and summonses are allowed by this Section
16and shall be consistent with those set forth in Section
174-12001 of this Act. A special investigator shall not carry
18firearms except with permission of the State's Attorney and
19only while carrying appropriate identification indicating the
20special investigator's employment and in the performance of
21the special investigator's assigned duties.
22    Subject to the qualifications set forth in this
23subsection, special investigators shall be peace officers and
24shall have all the powers possessed by investigators under the
25State's Attorneys Appellate Prosecutor's Act.
26    No special investigator employed by the State's Attorney



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



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1employers, labor unions, telephone companies, and utility
2companies location information concerning putative fathers and
3noncustodial parents for the purpose of establishing a child's
4paternity or establishing, enforcing, or modifying a child
5support obligation. In this subsection, "location information"
6means information about (i) the physical whereabouts of a
7putative father or noncustodial parent, (ii) the putative
8father or noncustodial parent's employer, or (iii) the salary,
9wages, and other compensation paid and the health insurance
10coverage provided to the putative father or noncustodial
11parent by the employer of the putative father or noncustodial
12parent or by a labor union of which the putative father or
13noncustodial parent is a member.
14    (d) (Blank).
15    (e) The State's Attorney shall have the authority to enter
16into a written agreement with the Department of Revenue for
17pursuit of civil liability under subsection (E) of Section
1817-1 of the Criminal Code of 2012 against persons who have
19issued to the Department checks or other orders in violation
20of the provisions of paragraph (1) of subsection (B) of
21Section 17-1 of the Criminal Code of 2012, with the Department
22to retain the amount owing upon the dishonored check or order
23along with the dishonored check fee imposed under the Uniform
24Penalty and Interest Act, with the balance of damages, fees,
25and costs collected under subsection (E) of Section 17-1 of
26the Criminal Code of 2012 or under Section 17-1a of that Code



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1to be retained by the State's Attorney. The agreement shall
2not affect the allocation of fines and costs imposed in any
3criminal prosecution.
4    (f) In a county with less than 2,000,000 inhabitants, and
5only upon receipt of a written request by the superintendent
6of the county Veterans Assistance Commission for the county in
7which the State's Attorney is located, the State's Attorney
8shall have the discretionary authority to render an opinion,
9without fee or reward, upon any question of law relating to a
10matter in which the county Veterans Assistance Commission may
11be concerned. The State's Attorney shall have the discretion
12to grant or decline such a request.
13(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)