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Public Act 099-0169 | ||||
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AN ACT concerning local government.
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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 Counties Code is amended by changing Section | ||||
3-9005 as follows:
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(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
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Sec. 3-9005. Powers and duties of State's attorney.
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(a) The duty of each State's attorney shall be:
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(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.
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(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
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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.
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(3) To commence and prosecute all actions and | ||||
proceedings brought by
any county officer in his official | ||||
capacity.
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(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.
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(5) To attend the examination of all persons brought | ||
before any judge
on habeas corpus, when the prosecution is | ||
in his county.
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(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.
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(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.
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(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 | ||
reasonable.
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(9) To pay all moneys received by him in trust, without | ||
delay, to the
officer who by law is entitled to the custody | ||
thereof.
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(10) To notify, by first class mail, complaining | ||
witnesses of the ultimate
disposition of the cases arising | ||
from an indictment or an information.
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(11) To perform such other and further duties as may, | ||
from time to time,
be enjoined on him by law.
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(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
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and binding.
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(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
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performance of his assigned duties.
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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.
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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
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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 | ||
jurisdiction.
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Before a person is appointed as a special investigator, his
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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
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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.
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(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"
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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
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or by a labor union of which the putative father or | ||
noncustodial parent is a
member.
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(d) For each State fiscal year, the
State's Attorney of | ||
Cook County shall appear before the General Assembly and
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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.
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(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
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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
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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 | ||
prosecution.
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(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.)
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Section 10. The Code of Civil Procedure is amended by | ||
changing Section 2-202 as follows:
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(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
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Sec. 2-202. Persons authorized to serve process; Place of
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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
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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.
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(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
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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
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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;
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(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 | ||
pending; | ||
(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; |
and | ||
(4) a private detective who works for a private | ||
detective agency as an employee.
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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.
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(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
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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.
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(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 | ||
proceedings.
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(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
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orders of possession for that housing authority.
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(f) In counties with a population of 3,000,000 or more, | ||
process may be
served, with special appointment by the court,
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by a private process server or
a law enforcement agency other | ||
than the county sheriff
in proceedings instituted under the
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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 | ||
Act.
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(Source: P.A. 96-1451, eff. 8-20-10; 97-427, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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