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| Public Act 099-0896 | ||||
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AN ACT concerning transportation.
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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 Illinois Vehicle Code is amended by changing | ||||
Section 2-115 as follows:
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(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
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Sec. 2-115. Investigators.
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(a) The Secretary of State, for the purpose
of
more | ||||
effectively carrying out the provisions of the laws in relation | ||||
to
motor vehicles, shall have power to appoint such number of | ||||
investigators as
he may deem necessary. It shall be the duty of | ||||
such investigators to
investigate and enforce violations of the | ||||
provisions of this
Act administered by the Secretary of State | ||||
and provisions of Chapters 11,
12, 13, 14 and 15 and to | ||||
investigate and report any violation by any person
who operates | ||||
as a motor carrier of property as defined in Section 18-100 of
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this Act and does not hold a valid certificate or permit. Such | ||||
investigators
shall have and may exercise throughout the State | ||||
all of the powers of
peace officers.
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No person may be retained in service as an investigator | ||||
under this
Section after he or she has reached 60 years of age, | ||||
except for a person employed in the title of Capitol Police | ||||
Investigator and who began employment on or after January 1, | ||||
2011, in which case, they may not be retained in service after | ||
that person has reached 65 years of age.
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The Secretary of State must authorize to each investigator | ||
employed under
this
Section and to any other employee of the | ||
Office of the Secretary of State
exercising the
powers of a | ||
peace officer a distinct badge that, on its face, (i) clearly
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states that the
badge is authorized by
the Office of the | ||
Secretary of State and (ii) contains a unique identifying
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number.
No other badge shall be authorized by
the Office of the | ||
Secretary of State.
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(b) The Secretary may expend such sums as he deems | ||
necessary from
Contractual
Services appropriations for the | ||
Department of Police
for the purchase of evidence, for the | ||
employment of persons to obtain
evidence, and for the payment | ||
for any goods or services related to
obtaining evidence. Such | ||
sums shall be advanced to investigators authorized by
the
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Secretary to expend funds, on vouchers signed by the Secretary. | ||
In
addition, the Secretary of State is authorized to maintain | ||
one or more
commercial checking accounts with any State banking | ||
corporation or
corporations organized under or subject to the | ||
Illinois Banking Act for the
deposit and withdrawal of moneys | ||
to be used solely for the purchase of
evidence and for the | ||
employment of persons to obtain evidence, or for the
payment | ||
for any goods or services related to obtaining evidence; | ||
provided
that no check may be written on nor any withdrawal | ||
made from any such
account except on the written signatures of | ||
2 persons designated by the
Secretary to write such checks and | ||
make such withdrawals, and provided
further that the balance of | ||
moneys on deposit in any such account shall not
exceed $5,000 | ||
at any time, nor shall any one check written on or single
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withdrawal made from any such account exceed $5,000.
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All fines or moneys collected or received by the Department | ||
of Police under
any State or federal forfeiture statute; | ||
including, but not limited to moneys
forfeited under Section 12 | ||
of the Cannabis Control Act, moneys forfeited under Section 85 | ||
of the Methamphetamine Control and Community Protection Act,
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and moneys distributed
under Section 413 of the Illinois | ||
Controlled Substances Act, shall be deposited
into the | ||
Secretary of State Evidence Fund.
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In all convictions for offenses in violation of this Act, | ||
the Court may
order restitution to the Secretary of any or all | ||
sums expended for the
purchase of evidence, for the employment | ||
of persons to obtain evidence,
and for the payment for any | ||
goods or services related to obtaining evidence.
All such | ||
restitution received by the Secretary shall be deposited into | ||
the
Secretary of State Evidence Fund. Moneys deposited into the | ||
fund shall,
subject to appropriation, be used by the Secretary | ||
of State for the
purposes provided for under the provisions of | ||
this Section.
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(Source: P.A. 94-556, eff. 9-11-05.)
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