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90_SB0182sam002
SRS90SB0182PMsaam01
1 AMENDMENT TO SENATE BILL 182
2 AMENDMENT NO. . Amend Senate Bill 182, on page 1 by
3 replacing line 2 with the following:
4 "3-9005."; and
5 by replacing everything after the enacting clause with the
6 following:
7 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
8 Sec. 3-9005. Powers and duties of State's attorney.
9 (a) The duty of each State's attorney shall be:
10 (1) To commence and prosecute all actions, suits,
11 indictments, and prosecutions, civil and criminal, in the
12 circuit court for his county, in which the people of the
13 State or county may be concerned.
14 (2) To prosecute all forfeited bonds and
15 recognizances, and all actions and proceedings for the
16 recovery of debts, revenues, moneys, fines, penalties and
17 forfeitures accruing to the State or his county, or to
18 any school district or road district in his county; also,
19 to prosecute all suits in his county against railroad or
20 transportation companies, which may be prosecuted in the
21 name of the People of the State of Illinois.
22 (3) To commence and prosecute all actions and
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1 proceedings brought by any county officer in his official
2 capacity.
3 (4) To defend all actions and proceedings brought
4 against his county, or against any county or State
5 officer, in his official capacity, within his county.
6 (5) To attend the examination of all persons
7 brought before any judge on habeas corpus, when the
8 prosecution is in his county.
9 (6) To attend before judges and prosecute charges
10 of felony or misdemeanor, for which the offender is
11 required to be recognized to appear before the circuit
12 court, when in his power so to do.
13 (7) To give his opinion, without fee or reward, to
14 any county officer in his county, upon any question or
15 law relating to any criminal or other matter, in which
16 the people or the county may be concerned.
17 (8) To assist the attorney general whenever it may
18 be necessary, and in cases of appeal from his county to
19 the Supreme Court, to which it is the duty of the
20 attorney general to attend, he shall furnish the attorney
21 general at least 10 days before such is due to be filed,
22 a manuscript of a proposed statement, brief and argument
23 to be printed and filed on behalf of the people, prepared
24 in accordance with the rules of the Supreme Court.
25 However, if such brief, argument or other document is due
26 to be filed by law or order of court within this 10 day
27 period, then the State's attorney shall furnish such as
28 soon as may be reasonable.
29 (9) To pay all moneys received by him in trust,
30 without delay, to the officer who by law is entitled to
31 the custody thereof.
32 (10) To notify, by first class mail, complaining
33 witnesses of the ultimate disposition of the cases
34 arising from an indictment or an information.
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1 (11) To perform such other and further duties as
2 may, from time to time, be enjoined on him by law.
3 (12) To appear in all proceedings by collectors of
4 taxes against delinquent taxpayers for judgments to sell
5 real estate, and see that all the necessary preliminary
6 steps have been legally taken to make the judgment legal
7 and binding.
8 (b) The State's Attorney of each county shall have
9 authority to appoint one or more special investigators to
10 serve subpoenas, make return of process and conduct
11 investigations which assist the State's Attorney in the
12 performance of his duties. A special investigator shall not
13 carry firearms except with permission of the State's Attorney
14 and only while carrying appropriate identification indicating
15 his employment and in the performance of his assigned duties.
16 Subject to the qualifications set forth in this
17 subsection, special investigators shall be peace officers and
18 shall have all the powers possessed by investigators under
19 the State's Attorneys Appellate Prosecutor's Act.
20 No special investigator employed by the State's Attorney
21 shall have peace officer status or exercise police powers
22 unless he or she successfully completes the basic police
23 training course mandated and approved by the Illinois Law
24 Enforcement Training Standards Board or such board waives the
25 training requirement by reason of the special investigator's
26 prior law enforcement experience or training or both. Any
27 State's Attorney appointing a special investigator shall
28 consult with all affected local police agencies, to the
29 extent consistent with the public interest, if the special
30 investigator is assigned to areas within that agency's
31 jurisdiction.
32 Before a person is appointed as a special investigator,
33 his fingerprints shall be taken and transmitted to the
34 Department of State Police. The Department shall examine its
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1 records and submit to the State's Attorney of the county in
2 which the investigator seeks appointment any conviction
3 information concerning the person on file with the
4 Department. No person shall be appointed as a special
5 investigator if he has been convicted of a felony or other
6 offense involving moral turpitude. A special investigator
7 shall be paid a salary and be reimbursed for actual expenses
8 incurred in performing his assigned duties. The county board
9 shall approve the salary and actual expenses and appropriate
10 the salary and expenses in the manner prescribed by law or
11 ordinance.
12 (c) The State's Attorney may request and receive from
13 employers, labor unions, telephone companies, and utility
14 companies location information concerning putative fathers
15 and noncustodial parents for the purpose of establishing a
16 child's paternity or establishing, enforcing, or modifying a
17 child support obligation. In this subsection, "location
18 information" means information about (i) the physical
19 whereabouts of a putative father or noncustodial parent, (ii)
20 the putative father or noncustodial parent's employer, or
21 (iii) the salary, wages, and other compensation paid and the
22 health insurance coverage provided to the putative father or
23 noncustodial parent by the employer of the putative father or
24 noncustodial parent or by a labor union of which the putative
25 father or noncustodial parent is a member.
26 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)