Illinois General Assembly - Illinois Compiled Statutes

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625 ILCS 5/2-115

(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)

Sec. 2-115. Investigators.

(a) The Secretary of State, for the purpose
of
more effectively carrying out the provisions of the laws in relation to
motor vehicles, shall have power to appoint such number of investigators as
he may deem necessary.  It shall be the duty of such investigators to
investigate and enforce violations of the provisions of this
Act administered by the Secretary of State and provisions of Chapters 11,
12, 13, 14, and 15 and to investigate and report any violation by any person
who operates as a motor carrier of property as defined in Section 18-100 of
this Act and does not hold a valid certificate or permit.  Such investigators
shall have and may exercise throughout the State all of the powers of
peace officers.

No person may be retained in service as an investigator under this
Section after he or she has reached 60 years of age, except for a person employed in the title of Capitol Police Investigator, in which case, that person may not be retained in service after that person has reached 65 years of age.

The Secretary of State must authorize to each investigator employed under
this
Section and to any other employee of the Office of the Secretary of State
exercising the
powers of a peace officer a distinct badge that, on its face, (i) clearly
states that the
badge is authorized by
the Office of the Secretary of State and (ii) contains a unique identifying
number.
No other badge shall be authorized by
the Office of the Secretary of State.

(b) The Secretary may expend such sums as he deems necessary from
Contractual
Services appropriations for the Department of Police
for the purchase of evidence, for the employment of persons to obtain
evidence, and for the payment for any goods or services related to
obtaining evidence.  Such sums shall be advanced to investigators authorized by
the
Secretary to expend funds, on vouchers signed by the Secretary.  In
addition, the Secretary of State is authorized to maintain one or more
commercial checking accounts with any State banking corporation or
corporations organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain evidence, or for the
payment for any goods or services related to obtaining evidence; provided
that no check may be written on nor any withdrawal made from any such
account except on the written signatures of 2 persons designated by the
Secretary to write such checks and make such withdrawals, and provided
further that the balance of moneys on deposit in any such account shall not
exceed $5,000 at any time, nor shall any one check written on or single
withdrawal made from any such account exceed $5,000.

All fines or moneys collected or received by the Department of Police under
any State or federal forfeiture statute; including, but not limited to moneys
forfeited under Section 12 of the Cannabis Control Act, moneys forfeited under Section 85 of the Methamphetamine Control and Community Protection Act,
and moneys distributed
under Section 413 of the Illinois Controlled Substances Act, shall be deposited
into the Secretary of State Evidence Fund.

In all convictions for offenses in violation of this Act, the Court may
order restitution to the Secretary of any or all sums expended for the
purchase of evidence, for the employment of persons to obtain evidence,
and for the payment for any goods or services related to obtaining evidence.
All such restitution received by the Secretary shall be deposited into the
Secretary of State Evidence Fund.  Moneys deposited into the fund shall,
subject to appropriation, be used by the Secretary of State for the
purposes provided for under the provisions of this Section.

(Source: P.A. 100-201, eff. 8-18-17; 101-610, eff. 1-1-20.)