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




SB0805 EnrolledLRB099 03670 RJF 23681 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 2-115 as follows:
6    (625 ILCS 5/2-115)  (from Ch. 95 1/2, par. 2-115)
7    Sec. 2-115. Investigators.
8    (a) The Secretary of State, for the purpose of more
9effectively carrying out the provisions of the laws in relation
10to motor vehicles, shall have power to appoint such number of
11investigators as he may deem necessary. It shall be the duty of
12such investigators to investigate and enforce violations of the
13provisions of this Act administered by the Secretary of State
14and provisions of Chapters 11, 12, 13, 14 and 15 and to
15investigate and report any violation by any person who operates
16as a motor carrier of property as defined in Section 18-100 of
17this Act and does not hold a valid certificate or permit. Such
18investigators shall have and may exercise throughout the State
19all of the powers of peace officers.
20    No person may be retained in service as an investigator
21under this Section after he or she has reached 60 years of age,
22except for a person employed in the title of Capitol Police
23Investigator and who began employment on or after January 1,



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12011, in which case, they may not be retained in service after
2that person has reached 65 years of age.
3    The Secretary of State must authorize to each investigator
4employed under this Section and to any other employee of the
5Office of the Secretary of State exercising the powers of a
6peace officer a distinct badge that, on its face, (i) clearly
7states that the badge is authorized by the Office of the
8Secretary of State and (ii) contains a unique identifying
9number. No other badge shall be authorized by the Office of the
10Secretary of State.
11    (b) The Secretary may expend such sums as he deems
12necessary from Contractual Services appropriations for the
13Department of Police for the purchase of evidence, for the
14employment of persons to obtain evidence, and for the payment
15for any goods or services related to obtaining evidence. Such
16sums shall be advanced to investigators authorized by the
17Secretary to expend funds, on vouchers signed by the Secretary.
18In addition, the Secretary of State is authorized to maintain
19one or more commercial checking accounts with any State banking
20corporation or corporations organized under or subject to the
21Illinois Banking Act for the deposit and withdrawal of moneys
22to be used solely for the purchase of evidence and for the
23employment of persons to obtain evidence, or for the payment
24for any goods or services related to obtaining evidence;
25provided that no check may be written on nor any withdrawal
26made from any such account except on the written signatures of



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12 persons designated by the Secretary to write such checks and
2make such withdrawals, and provided further that the balance of
3moneys on deposit in any such account shall not exceed $5,000
4at any time, nor shall any one check written on or single
5withdrawal made from any such account exceed $5,000.
6    All fines or moneys collected or received by the Department
7of Police under any State or federal forfeiture statute;
8including, but not limited to moneys forfeited under Section 12
9of the Cannabis Control Act, moneys forfeited under Section 85
10of the Methamphetamine Control and Community Protection Act,
11and moneys distributed under Section 413 of the Illinois
12Controlled Substances Act, shall be deposited into the
13Secretary of State Evidence Fund.
14    In all convictions for offenses in violation of this Act,
15the Court may order restitution to the Secretary of any or all
16sums expended for the purchase of evidence, for the employment
17of persons to obtain evidence, and for the payment for any
18goods or services related to obtaining evidence. All such
19restitution received by the Secretary shall be deposited into
20the Secretary of State Evidence Fund. Moneys deposited into the
21fund shall, subject to appropriation, be used by the Secretary
22of State for the purposes provided for under the provisions of
23this Section.
24(Source: P.A. 94-556, eff. 9-11-05.)