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| Public Act 097-1012 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State's Attorneys Appellate Prosecutor's | ||||
Act is amended by changing Sections 4.01 and 7.06 as follows:
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(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
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Sec. 4.01. The Office and all attorneys employed thereby | ||||
may
represent the People of the State of Illinois on appeal in | ||||
all cases
which emanate from
a county containing less than
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3,000,000 inhabitants, when requested to do so and at the | ||||
direction of
the State's Attorney, otherwise responsible for | ||||
prosecuting the appeal,
and may, with the advice and consent of | ||||
the State's Attorney prepare,
file and argue such appellate | ||||
briefs in the Illinois Appellate
Court
and, when requested and | ||||
authorized to do so by the Attorney General, in the
Illinois | ||||
Supreme Court.
The Office may also assist County State's | ||||
Attorneys in the
discharge of their duties under the Illinois | ||||
Controlled Substances Act,
the Cannabis Control Act, the | ||||
Methamphetamine Control and Community Protection Act, the Drug | ||||
Asset Forfeiture Procedure Act,
the Narcotics Profit | ||||
Forfeiture Act, and the Illinois Public Labor Relations
Act,
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including negotiations conducted on behalf of a county or | ||||
pursuant to an
intergovernmental agreement as well as in the | ||||
trial
and appeal of said cases and of tax objections, and the | ||
counties which
use services relating to labor relations
shall | ||
reimburse the Office on pro-rated shares as determined by the
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board based upon the population and number of labor relations | ||
cases of the
participating counties.
In addition, the Office | ||
and all attorneys employed by the Office may also
assist | ||
State's Attorneys in the discharge of their duties in the | ||
prosecution,
and trial, or hearing on post-conviction of other | ||
cases when requested to do so by, and at the direction of,
the | ||
State's Attorney otherwise responsible for the case. In | ||
addition, the
Office and all attorneys employed by the Office | ||
may act as Special Prosecutor
if duly appointed to do so by a | ||
court having jurisdiction.
To be effective, the order | ||
appointing the Office or
its attorneys as Special Prosecutor | ||
must (i) identify the case and its
subject matter and (ii) | ||
state that the Special Prosecutor serves at the
pleasure of the | ||
Attorney General, who may substitute himself or herself as the
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Special Prosecutor when, in his or her judgment, the interest | ||
of the people of
the State so requires. Within 5 days after | ||
receiving a copy of an order from
the
court appointing the | ||
Office or any of its attorneys as a Special Prosecutor,
the | ||
Office must forward a copy of the order to the Springfield | ||
office of the
Attorney General.
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(Source: P.A. 94-556, eff. 9-11-05.)
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(725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
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Sec. 7.06.
(a) The Director may contract for such hire no | ||
more than 0 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
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the board to carry tear gas gun projectors or bombs, pistols, | ||
revolvers,
stun guns, tasers or other firearms.
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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.
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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.
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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.
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(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
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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.
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(Source: P.A. 96-900, eff. 5-28-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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