Illinois General Assembly - Full Text of Public Act 099-0169
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Public Act 099-0169





Public Act 099-0169
SB1734 EnrolledLRB099 08064 AWJ 28210 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Counties Code is amended by changing Section
3-9005 as follows:
    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
    Sec. 3-9005. Powers and duties of State's attorney.
    (a) The duty of each State's attorney shall be:
        (1) To commence and prosecute all actions, suits,
    indictments and prosecutions, civil and criminal, in the
    circuit court for his county, in which the people of the
    State or county may be concerned.
        (2) To prosecute all forfeited bonds and
    recognizances, and all actions and proceedings for the
    recovery of debts, revenues, moneys, fines, penalties and
    forfeitures accruing to the State or his county, or to any
    school district or road district in his county; also, to
    prosecute all suits in his county against railroad or
    transportation companies, which may be prosecuted in the
    name of the People of the State of Illinois.
        (3) To commence and prosecute all actions and
    proceedings brought by any county officer in his official
        (4) To defend all actions and proceedings brought
    against his county, or against any county or State officer,
    in his official capacity, within his county.
        (5) To attend the examination of all persons brought
    before any judge on habeas corpus, when the prosecution is
    in his county.
        (6) To attend before judges and prosecute charges of
    felony or misdemeanor, for which the offender is required
    to be recognized to appear before the circuit court, when
    in his power so to do.
        (7) To give his opinion, without fee or reward, to any
    county officer in his county, upon any question or law
    relating to any criminal or other matter, in which the
    people or the county may be concerned.
        (8) To assist the attorney general whenever it may be
    necessary, and in cases of appeal from his county to the
    Supreme Court, to which it is the duty of the attorney
    general to attend, he shall furnish the attorney general at
    least 10 days before such is due to be filed, a manuscript
    of a proposed statement, brief and argument to be printed
    and filed on behalf of the people, prepared in accordance
    with the rules of the Supreme Court. However, if such
    brief, argument or other document is due to be filed by law
    or order of court within this 10 day period, then the
    State's attorney shall furnish such as soon as may be
        (9) To pay all moneys received by him in trust, without
    delay, to the officer who by law is entitled to the custody
        (10) To notify, by first class mail, complaining
    witnesses of the ultimate disposition of the cases arising
    from an indictment or an information.
        (11) To perform such other and further duties as may,
    from time to time, be enjoined on him by law.
        (12) To appear in all proceedings by collectors of
    taxes against delinquent taxpayers for judgments to sell
    real estate, and see that all the necessary preliminary
    steps have been legally taken to make the judgment legal
    and binding.
        (13) To notify, by first-class mail, the State
    Superintendent of Education, the applicable regional
    superintendent of schools, and the superintendent of the
    employing school district or the chief school
    administrator of the employing nonpublic school, if any,
    upon the conviction of any individual known to possess a
    certificate or license issued pursuant to Article 21 or
    21B, respectively, of the School Code of any offense set
    forth in Section 21B-80 of the School Code or any other
    felony conviction, providing the name of the certificate
    holder, the fact of the conviction, and the name and
    location of the court where the conviction occurred. The
    certificate holder must also be contemporaneously sent a
    copy of the notice.
    (b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to serve
subpoenas, summonses, make return of process, and conduct
investigations which assist the State's Attorney in the
performance of his duties. In counties of the first and second
class, the fees for service of subpoenas and summonses are
allowed by this Section and shall be consistent with those set
forth in Section 4-5001 of this Act, except when increased by
county ordinance as provided for in Section 4-5001. In counties
of the third class, the fees for service of subpoenas and
summonses are allowed by this Section and shall be consistent
with those set forth in Section 4-12001 of this Act. A special
investigator shall not carry firearms except with permission of
the State's Attorney and only while carrying appropriate
identification indicating his employment and in the
performance of his assigned duties.
    Subject to the qualifications set forth in this subsection,
special investigators shall be peace officers and shall have
all the powers possessed by investigators under the State's
Attorneys Appellate Prosecutor's Act.
    No special investigator employed by the State's Attorney
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 special investigator's
prior law enforcement experience or training or both. Any
State's Attorney appointing a special investigator shall
consult with all affected local police agencies, to the extent
consistent with the public interest, if the special
investigator is assigned to areas within that agency's
    Before a person is appointed as a special investigator, his
fingerprints shall be taken and transmitted to the Department
of State Police. The Department shall examine its records and
submit to the State's Attorney of the county in which the
investigator seeks appointment any conviction information
concerning the person on file with the Department. No person
shall be appointed as a special investigator if he has been
convicted of a felony or other offense involving moral
turpitude. A special investigator shall be paid a salary and be
reimbursed for actual expenses incurred in performing his
assigned duties. The county board shall approve the salary and
actual expenses and appropriate the salary and expenses in the
manner prescribed by law or ordinance.
    (c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative
father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial parent
by the employer of the putative father or noncustodial parent
or by a labor union of which the putative father or
noncustodial parent is a member.
    (d) For each State fiscal year, the State's Attorney of
Cook County shall appear before the General Assembly and
request appropriations to be made from the Capital Litigation
Trust Fund to the State Treasurer for the purpose of providing
assistance in the prosecution of capital cases in Cook County
and for the purpose of providing assistance to the State in
post-conviction proceedings in capital cases under Article 122
of the Code of Criminal Procedure of 1963 and in relation to
petitions filed under Section 2-1401 of the Code of Civil
Procedure in relation to capital cases. The State's Attorney
may appear before the General Assembly at other times during
the State's fiscal year to request supplemental appropriations
from the Trust Fund to the State Treasurer.
    (e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section 17-1
of the Criminal Code of 2012 against persons who have issued to
the Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1
of the Criminal Code of 2012, with the Department to retain the
amount owing upon the dishonored check or order along with the
dishonored check fee imposed under the Uniform Penalty and
Interest Act, with the balance of damages, fees, and costs
collected under subsection (E) of Section 17-1 of the Criminal
Code of 2012 or under Section 17-1a of that Code to be retained
by the State's Attorney. The agreement shall not affect the
allocation of fines and costs imposed in any criminal
(Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11;
97-607, eff. 8-26-11; 97-1150, eff. 1-25-13.)
    Section 10. The Code of Civil Procedure is amended by
changing Section 2-202 as follows:
    (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)
    Sec. 2-202. Persons authorized to serve process; Place of
service; Failure to make return.
    (a) Process shall be served by a sheriff, or if the sheriff
is disqualified, by a coroner of some county of the State. In
matters where the county or State is an interested party,
process may be served by a special investigator appointed by
the State's Attorney of the county, as defined in Section
3-9005 of the Counties Code. A sheriff of a county with a
population of less than 2,000,000 may employ civilian personnel
to serve process. In counties with a population of less than
2,000,000, process may be served, without special appointment,
by a person who is licensed or registered as a private
detective under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a
registered employee of a private detective agency certified
under that Act as defined in Section (a-5). A private detective
or licensed employee must supply the sheriff of any county in
which he serves process with a copy of his license or
certificate; however, the failure of a person to supply the
copy shall not in any way impair the validity of process served
by the person. The court may, in its discretion upon motion,
order service to be made by a private person over 18 years of
age and not a party to the action. It is not necessary that
service be made by a sheriff or coroner of the county in which
service is made. If served or sought to be served by a sheriff
or coroner, he or she shall endorse his or her return thereon,
and if by a private person the return shall be by affidavit.
    (a-5) Upon motion and in its discretion, the court may
appoint as a special process server a private detective agency
certified under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
the appointment, any employee of the private detective agency
who is registered under that Act may serve the process. The
motion and the order of appointment must contain the number of
the certificate issued to the private detective agency by the
Department of Professional Regulation under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. A private detective or
private detective agency shall send, one time only, a copy of
his, her, or its individual private detective license or
private detective agency certificate to the county sheriff in
each county in which the detective or detective agency or his,
her, or its employees serve process, regardless of size of the
population of the county. As long as the license or certificate
is valid and meets the requirements of the Department of
Financial and Professional Regulation, a new copy of the
current license or certificate need not be sent to the sheriff.
A private detective agency shall maintain a list of its
registered employees. Registered employees shall consist of:
        (1) an employee who works for the agency holding a
    valid Permanent Employee Registration Card;
        (2) a person who has applied for a Permanent Employee
    Registration Card, has had his or her fingerprints
    processed and cleared by the Department of State Police and
    the FBI, and as to whom the Department of Financial and
    Professional Regulation website shows that the person's
    application for a Permanent Employee Registration Card is
        (3) a person employed by a private detective agency who
    is exempt from a Permanent Employee Registration Card
    requirement because the person is a current peace officer;
        (4) a private detective who works for a private
    detective agency as an employee.
A detective agency shall maintain this list and forward it to
any sheriff's department that requests this list within 5
business days after the receipt of the request.
    (b) Summons may be served upon the defendants wherever they
may be found in the State, by any person authorized to serve
process. An officer may serve summons in his or her official
capacity outside his or her county, but fees for mileage
outside the county of the officer cannot be taxed as costs. The
person serving the process in a foreign county may make return
by mail.
    (c) If any sheriff, coroner, or other person to whom any
process is delivered, neglects or refuses to make return of the
same, the plaintiff may petition the court to enter a rule
requiring the sheriff, coroner, or other person, to make return
of the process on a day to be fixed by the court, or to show
cause on that day why that person should not be attached for
contempt of the court. The plaintiff shall then cause a written
notice of the rule to be served on the sheriff, coroner, or
other person. If good and sufficient cause be not shown to
excuse the officer or other person, the court shall adjudge him
or her guilty of a contempt, and shall impose punishment as in
other cases of contempt.
    (d) If process is served by a sheriff, or coroner, or
special investigator appointed by the State's Attorney, the
court may tax the fee of the sheriff, or coroner, or State's
Attorney's special investigator as costs in the proceeding. If
process is served by a private person or entity, the court may
establish a fee therefor and tax such fee as costs in the
    (e) In addition to the powers stated in Section 8.1a of the
Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for forcible entry and detainer
actions commenced by that housing authority and may execute
orders of possession for that housing authority.
    (f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under the
Forcible Entry and Detainer Article of this Code as a result of
a lessor or lessor's assignee declaring a lease void pursuant
to Section 11 of the Controlled Substance and Cannabis Nuisance
(Source: P.A. 96-1451, eff. 8-20-10; 97-427, eff. 1-1-12.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/28/2015