Public Act 099-0896
 
SB0805 EnrolledLRB099 03670 RJF 23681 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 2-115 as follows:
 
    (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 and who began employment on or after January 1,
2011, in which case, they 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. 94-556, eff. 9-11-05.)