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| Public Act 099-0208 | ||||
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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 3, 7.06, and 9.02 as | ||||
follows:
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(725 ILCS 210/3) (from Ch. 14, par. 203)
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Sec. 3.
There is created the Office of the State's | ||||
Attorneys
Appellate Prosecutor as a judicial agency of state | ||||
government.
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(a) The Office of the State's Attorneys Appellate | ||||
Prosecutor shall
be governed by a board of governors which
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shall consist
of 10 members as follows:
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(1) Eight State's Attorneys, 2 to be elected from each | ||||
District
containing less than 3,000,000 inhabitants;
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(2) The State's Attorney of Cook County or his or her | ||||
designee; and
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(3) One State's Attorney to be annually appointed by | ||||
the other 9 members.
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(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.
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(c) Elected members shall serve for a term of 2 years | ||
commencing upon their election and until their successors are | ||
duly elected or
appointed and qualified.
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(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, and the board shall certify
the results to the | ||
Secretary of State.
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(e) The board shall promulgate rules of procedure for the
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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.
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(f) Five members of the board shall constitute
a quorum for | ||
the purpose of transacting business.
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(g) Members of the board shall serve without compensation, | ||
but
shall be reimbursed for necessary expenses incurred in the | ||
performance
of their duties.
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(h) A position shall be vacated by either a member's | ||
resignation,
removal or inability to serve as State's Attorney.
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(i) Vacancies on the board of elected members shall be | ||
filled
within 90 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 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.
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(Source: P.A. 96-900, eff. 5-28-10.)
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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 or employ | ||
part-time such 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, unless the | ||
contact and cooperation would compromise an investigation in | ||
which they have a personal involvement.
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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 | ||
contracted or 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. Nothing in this subsection prohibits the Director from | ||
issuing shields or other distinctive identification to | ||
employees not exercising the powers of a peace officer if the | ||
Director determines that a shield or distinctive | ||
identification is necessary for the employee to carry out his | ||
or her duties and responsibilities.
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(Source: P.A. 96-900, eff. 5-28-10; 97-1012, eff. 8-17-12.)
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(725 ILCS 210/9.02) (from Ch. 14, par. 209.02)
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Sec. 9.02.
Within 90 30 days after the appropriation | ||
becomes law, the
board shall allocate the county shares of the | ||
expenses
to the participating counties
in proportion to | ||
population.
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(Source: P.A. 84-1062.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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