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
    (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
    (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
    (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.

Effective Date: 5/28/2010