|
|
Public Act 096-0900
|
| SB3372 Enrolled |
LRB096 17855 RLC 35125 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The State's Attorneys Appellate Prosecutor's |
Act is amended by changing Sections 3, 6, and 7.06 as follows:
|
(725 ILCS 210/3) (from Ch. 14, par. 203)
|
Sec. 3.
There is created the Office of the State's |
Attorneys
Appellate Prosecutor as a judicial an agency of state |
government.
|
(a) The Office of the State's Attorneys Appellate |
Prosecutor shall
be governed by a board of governors which
|
shall consist
of 10 members as follows:
|
(1) Eight State's Attorneys, 2 to be elected from each |
District
containing less than 3,000,000 inhabitants;
|
(2) The State's Attorney of Cook County; and
|
(3) One State's Attorney to be annually appointed by the |
other 9 members.
|
(b) Voting for elected members shall be by District with |
each of the
State's Attorneys voting from their respective |
district. Each
board member must be duly elected or appointed |
and serving as
State's Attorney in the district from which he |
was elected or appointed.
|
(c) Elected members Members shall serve for a term of 2 |
|
years one year commencing upon their election on the
first day |
of July and until their successors are duly elected or
|
appointed and qualified.
|
(d) An annual election of members of the board
shall be |
held within 30 days prior or subsequent to the beginning of the |
fiscal year during the month of June, and the board shall |
certify
the results to the Secretary of State.
|
(e) The board shall promulgate rules of procedure for the
|
election of its members and the conduct of its meetings and |
shall elect
a Chairman and a Vice-Chairman and such other |
officers as it deems
appropriate. The board shall meet at least |
once every 3
months, and in addition thereto as directed by the |
Chairman, or upon the special
call of any 5 members of the |
board, in writing, sent to the
Chairman, designating the time |
and place of the meeting.
|
(f) Five members of the board shall constitute
a quorum for |
the purpose of transacting business.
|
(g) Members of the board shall serve without compensation, |
but
shall be reimbursed for necessary expenses incurred in the |
performance
of their duties.
|
(h) A position shall be vacated by either a member's |
resignation,
removal or inability to serve as State's Attorney.
|
(i) Vacancies on the board of elected members shall be |
filled
within 90 30 days of the occurrence of the vacancy by a |
special election
held by the State's Attorneys in the district |
where the vacancy
occurred. Vacancies on the board of the |
|
appointed member shall be
filled within 90 30 days of the |
occurrence of the vacancy by a special
election by the members. |
In the case of a special election, the tabulation and |
certification of the results may be conducted at any regularly |
scheduled quarterly or special meeting called for that purpose. |
A member elected or appointed to fill
such position shall serve |
for the unexpired term of the member whom he
is succeeding. Any |
member may be re-elected or re-appointed for
additional terms.
|
(Source: P.A. 84-1062.)
|
(725 ILCS 210/6) (from Ch. 14, par. 206)
|
Sec. 6. The Office is to be organized in the following |
manner:
|
(a) The staff of the Office of the State's Attorneys |
Appellate
Prosecutor shall
consist of a Director, 4 Deputy |
Directors, Staff Attorneys and such other
administrative, |
secretarial and clerical employees as may be necessary.
|
(b) The Director and all Office Attorneys
must be licensed |
to practice law in the State of Illinois. All full-time legal |
personnel Staff Attorneys
and Deputy Directors hired by the |
Director, with the concurrence of the
board, shall devote full |
time to their duties and may not
engage in the private practice |
of law, except as provided in Section 7.02.
|
(c) The Director and such other employees as may be hired |
hereunder shall
not be subject to the provisions of the |
Illinois Personnel Code.
|
|
(Source: P.A. 84-1062.)
|
(725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
|
Sec. 7.06.
(a) The Director may hire no more than 0 12 |
investigators to
provide
investigative services in criminal |
cases and tax objection cases for staff
counsel and county |
state's attorneys. Investigators may be authorized by
the board |
to carry tear gas gun projectors or bombs, pistols, revolvers,
|
stun guns, tasers or other firearms.
|
Subject to the qualifications set forth below, |
investigators shall be
peace officers and shall have all the |
powers possessed by policemen in
cities and by sheriffs; |
provided, that investigators shall exercise such
powers |
anywhere in the State only after contact and in cooperation |
with the
appropriate local law enforcement agencies.
|
No investigator shall have peace officer status or exercise |
police powers
unless he or she successfully completes the basic |
police training course
mandated and approved by the Illinois |
Law Enforcement Training Standards
Board or such board waives |
the training requirement by reason of the
investigator's prior |
law enforcement experience or training or both.
|
The board shall not waive the training requirement unless |
the
investigator has had a minimum of 5 years experience as a |
sworn officer of
a local, state or federal law enforcement |
agency, 2 of which shall have
been in an investigatory |
capacity.
|
|
(b) The Director must authorize to each investigator |
employed under this
Section and
to any other employee of the |
Office 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 and (ii)
contains a
unique identifying |
number.
No other badge shall be authorized by
the Office.
|
(Source: P.A. 91-883, eff. 1-1-01.)
|
(725 ILCS 210/9.04 rep.)
|
(725 ILCS 210/10 rep.)
|
Section 10. The State's Attorneys Appellate Prosecutor's |
Act is amended by repealing Sections 9.04 and 10.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|