Illinois General Assembly - Full Text of SB0805
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Full Text of SB0805  99th General Assembly


Rep. Barbara Flynn Currie

Filed: 5/20/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 805, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Section 2-115 as follows:
7    (625 ILCS 5/2-115)  (from Ch. 95 1/2, par. 2-115)
8    Sec. 2-115. Investigators.
9    (a) The Secretary of State, for the purpose of more
10effectively carrying out the provisions of the laws in relation
11to motor vehicles, shall have power to appoint such number of
12investigators as he may deem necessary. It shall be the duty of
13such investigators to investigate and enforce violations of the
14provisions of this Act administered by the Secretary of State
15and provisions of Chapters 11, 12, 13, 14 and 15 and to
16investigate and report any violation by any person who operates



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1as a motor carrier of property as defined in Section 18-100 of
2this Act and does not hold a valid certificate or permit. Such
3investigators shall have and may exercise throughout the State
4all of the powers of peace officers.
5    No person may be retained in service as an investigator
6under this Section after he or she has reached 60 years of age,
7except for a person employed in the title of Capitol Police
8Investigator and who began employment on or after January 1,
92011, in which case, they may not be retained in service after
10that person has reached 65 years of age.
11    The Secretary of State must authorize to each investigator
12employed under this Section and to any other employee of the
13Office of the Secretary of State exercising the powers of a
14peace officer a distinct badge that, on its face, (i) clearly
15states that the badge is authorized by the Office of the
16Secretary of State and (ii) contains a unique identifying
17number. No other badge shall be authorized by the Office of the
18Secretary of State.
19    (b) The Secretary may expend such sums as he deems
20necessary from Contractual Services appropriations for the
21Department of Police for the purchase of evidence, for the
22employment of persons to obtain evidence, and for the payment
23for any goods or services related to obtaining evidence. Such
24sums shall be advanced to investigators authorized by the
25Secretary to expend funds, on vouchers signed by the Secretary.
26In addition, the Secretary of State is authorized to maintain



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1one or more commercial checking accounts with any State banking
2corporation or corporations organized under or subject to the
3Illinois Banking Act for the deposit and withdrawal of moneys
4to be used solely for the purchase of evidence and for the
5employment of persons to obtain evidence, or for the payment
6for any goods or services related to obtaining evidence;
7provided that no check may be written on nor any withdrawal
8made from any such account except on the written signatures of
92 persons designated by the Secretary to write such checks and
10make such withdrawals, and provided further that the balance of
11moneys on deposit in any such account shall not exceed $5,000
12at any time, nor shall any one check written on or single
13withdrawal made from any such account exceed $5,000.
14    All fines or moneys collected or received by the Department
15of Police under any State or federal forfeiture statute;
16including, but not limited to moneys forfeited under Section 12
17of the Cannabis Control Act, moneys forfeited under Section 85
18of the Methamphetamine Control and Community Protection Act,
19and moneys distributed under Section 413 of the Illinois
20Controlled Substances Act, shall be deposited into the
21Secretary of State Evidence Fund.
22    In all convictions for offenses in violation of this Act,
23the Court may order restitution to the Secretary of any or all
24sums expended for the purchase of evidence, for the employment
25of persons to obtain evidence, and for the payment for any
26goods or services related to obtaining evidence. All such



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1restitution received by the Secretary shall be deposited into
2the Secretary of State Evidence Fund. Moneys deposited into the
3fund shall, subject to appropriation, be used by the Secretary
4of State for the purposes provided for under the provisions of
5this Section.
6(Source: P.A. 94-556, eff. 9-11-05.)".