99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1734

 

Introduced 2/20/2015, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-9005  from Ch. 34, par. 3-9005
735 ILCS 5/2-202  from Ch. 110, par. 2-202

    Amends the Counties Code. Provides that in counties of the first, second, and third class, the fees for service of subpoenas and summons by special investigators are allowed and the special investigators may charge service fees in an amount as prescribed in other sections of the Counties Code, unless the service fee is increased by county ordinance. Amends the Code of Civil Procedure. Provides that a special investigator appointed by the State's Attorney may serve process when the county or State is an interested party and a court may charge the special investigator's service fees as costs in the proceeding. Effective immediately.


LRB099 08064 AWJ 28210 b

 

 

A BILL FOR

 

SB1734LRB099 08064 AWJ 28210 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
53-9005 as follows:
 
6    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
7    Sec. 3-9005. Powers and duties of State's attorney.
8    (a) The duty of each State's attorney shall be:
9        (1) To commence and prosecute all actions, suits,
10    indictments and prosecutions, civil and criminal, in the
11    circuit court for his county, in which the people of the
12    State or county may be concerned.
13        (2) To prosecute all forfeited bonds and
14    recognizances, and all actions and proceedings for the
15    recovery of debts, revenues, moneys, fines, penalties and
16    forfeitures accruing to the State or his county, or to any
17    school district or road district in his county; also, to
18    prosecute all suits in his county against railroad or
19    transportation companies, which may be prosecuted in the
20    name of the People of the State of Illinois.
21        (3) To commence and prosecute all actions and
22    proceedings brought by any county officer in his official
23    capacity.

 

 

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1        (4) To defend all actions and proceedings brought
2    against his county, or against any county or State officer,
3    in his official capacity, within his county.
4        (5) To attend the examination of all persons brought
5    before any judge on habeas corpus, when the prosecution is
6    in his county.
7        (6) To attend before judges and prosecute charges of
8    felony or misdemeanor, for which the offender is required
9    to be recognized to appear before the circuit court, when
10    in his power so to do.
11        (7) To give his opinion, without fee or reward, to any
12    county officer in his county, upon any question or law
13    relating to any criminal or other matter, in which the
14    people or the county may be concerned.
15        (8) To assist the attorney general whenever it may be
16    necessary, and in cases of appeal from his county to the
17    Supreme Court, to which it is the duty of the attorney
18    general to attend, he shall furnish the attorney general at
19    least 10 days before such is due to be filed, a manuscript
20    of a proposed statement, brief and argument to be printed
21    and filed on behalf of the people, prepared in accordance
22    with the rules of the Supreme Court. However, if such
23    brief, argument or other document is due to be filed by law
24    or order of court within this 10 day period, then the
25    State's attorney shall furnish such as soon as may be
26    reasonable.

 

 

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1        (9) To pay all moneys received by him in trust, without
2    delay, to the officer who by law is entitled to the custody
3    thereof.
4        (10) To notify, by first class mail, complaining
5    witnesses of the ultimate disposition of the cases arising
6    from an indictment or an information.
7        (11) To perform such other and further duties as may,
8    from time to time, be enjoined on him by law.
9        (12) To appear in all proceedings by collectors of
10    taxes against delinquent taxpayers for judgments to sell
11    real estate, and see that all the necessary preliminary
12    steps have been legally taken to make the judgment legal
13    and binding.
14        (13) To notify, by first-class mail, the State
15    Superintendent of Education, the applicable regional
16    superintendent of schools, and the superintendent of the
17    employing school district or the chief school
18    administrator of the employing nonpublic school, if any,
19    upon the conviction of any individual known to possess a
20    certificate or license issued pursuant to Article 21 or
21    21B, respectively, of the School Code of any offense set
22    forth in Section 21B-80 of the School Code or any other
23    felony conviction, providing the name of the certificate
24    holder, the fact of the conviction, and the name and
25    location of the court where the conviction occurred. The
26    certificate holder must also be contemporaneously sent a

 

 

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1    copy of the notice.
2    (b) The State's Attorney of each county shall have
3authority to appoint one or more special investigators to serve
4subpoenas, summonses, make return of process, and conduct
5investigations which assist the State's Attorney in the
6performance of his duties. In counties of the first and second
7class, the fees for service of subpoenas and summonses are
8allowed by this Section and shall be consistent with those set
9forth in Section 4-5001 of this Act, except when increased by
10county ordinance as provided for in Section 4-5001. In counties
11of the third class, the fees for service of subpoenas and
12summonses are allowed by this Section and shall be consistent
13with those set forth in Section 4-12001 of this Act. A special
14investigator shall not carry firearms except with permission of
15the State's Attorney and only while carrying appropriate
16identification indicating his employment and in the
17performance of his assigned duties.
18    Subject to the qualifications set forth in this subsection,
19special investigators shall be peace officers and shall have
20all the powers possessed by investigators under the State's
21Attorneys Appellate Prosecutor's Act.
22    No special investigator employed by the State's Attorney
23shall have peace officer status or exercise police powers
24unless he or she successfully completes the basic police
25training course mandated and approved by the Illinois Law
26Enforcement Training Standards Board or such board waives the

 

 

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1training requirement by reason of the special investigator's
2prior law enforcement experience or training or both. Any
3State's Attorney appointing a special investigator shall
4consult with all affected local police agencies, to the extent
5consistent with the public interest, if the special
6investigator is assigned to areas within that agency's
7jurisdiction.
8    Before a person is appointed as a special investigator, his
9fingerprints shall be taken and transmitted to the Department
10of State Police. The Department shall examine its records and
11submit to the State's Attorney of the county in which the
12investigator seeks appointment any conviction information
13concerning the person on file with the Department. No person
14shall be appointed as a special investigator if he has been
15convicted of a felony or other offense involving moral
16turpitude. A special investigator shall be paid a salary and be
17reimbursed for actual expenses incurred in performing his
18assigned duties. The county board shall approve the salary and
19actual expenses and appropriate the salary and expenses in the
20manner prescribed by law or ordinance.
21    (c) The State's Attorney may request and receive from
22employers, labor unions, telephone companies, and utility
23companies location information concerning putative fathers and
24noncustodial parents for the purpose of establishing a child's
25paternity or establishing, enforcing, or modifying a child
26support obligation. In this subsection, "location information"

 

 

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1means information about (i) the physical whereabouts of a
2putative father or noncustodial parent, (ii) the putative
3father or noncustodial parent's employer, or (iii) the salary,
4wages, and other compensation paid and the health insurance
5coverage provided to the putative father or noncustodial parent
6by the employer of the putative father or noncustodial parent
7or by a labor union of which the putative father or
8noncustodial parent is a member.
9    (d) For each State fiscal year, the State's Attorney of
10Cook County shall appear before the General Assembly and
11request appropriations to be made from the Capital Litigation
12Trust Fund to the State Treasurer for the purpose of providing
13assistance in the prosecution of capital cases in Cook County
14and for the purpose of providing assistance to the State in
15post-conviction proceedings in capital cases under Article 122
16of the Code of Criminal Procedure of 1963 and in relation to
17petitions filed under Section 2-1401 of the Code of Civil
18Procedure in relation to capital cases. The State's Attorney
19may appear before the General Assembly at other times during
20the State's fiscal year to request supplemental appropriations
21from the Trust Fund to the State Treasurer.
22    (e) The State's Attorney shall have the authority to enter
23into a written agreement with the Department of Revenue for
24pursuit of civil liability under subsection (E) of Section 17-1
25of the Criminal Code of 2012 against persons who have issued to
26the Department checks or other orders in violation of the

 

 

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1provisions of paragraph (1) of subsection (B) of Section 17-1
2of the Criminal Code of 2012, with the Department to retain the
3amount owing upon the dishonored check or order along with the
4dishonored check fee imposed under the Uniform Penalty and
5Interest Act, with the balance of damages, fees, and costs
6collected under subsection (E) of Section 17-1 of the Criminal
7Code of 2012 or under Section 17-1a of that Code to be retained
8by the State's Attorney. The agreement shall not affect the
9allocation of fines and costs imposed in any criminal
10prosecution.
11(Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11;
1297-607, eff. 8-26-11; 97-1150, eff. 1-25-13.)
 
13    Section 10. The Code of Civil Procedure is amended by
14changing Section 2-202 as follows:
 
15    (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)
16    Sec. 2-202. Persons authorized to serve process; Place of
17service; Failure to make return.
18    (a) Process shall be served by a sheriff, or if the sheriff
19is disqualified, by a coroner of some county of the State. In
20matters where the county or State is an interested party,
21process may be served by a special investigator appointed by
22the State's Attorney of the County, as defined in Section
233-9005 of the Counties Code. A sheriff of a county with a
24population of less than 2,000,000 may employ civilian personnel

 

 

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1to serve process. In counties with a population of less than
22,000,000, process may be served, without special appointment,
3by a person who is licensed or registered as a private
4detective under the Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a
6registered employee of a private detective agency certified
7under that Act as defined in Section (a-5). A private detective
8or licensed employee must supply the sheriff of any county in
9which he serves process with a copy of his license or
10certificate; however, the failure of a person to supply the
11copy shall not in any way impair the validity of process served
12by the person. The court may, in its discretion upon motion,
13order service to be made by a private person over 18 years of
14age and not a party to the action. It is not necessary that
15service be made by a sheriff or coroner of the county in which
16service is made. If served or sought to be served by a sheriff
17or coroner, he or she shall endorse his or her return thereon,
18and if by a private person the return shall be by affidavit.
19    (a-5) Upon motion and in its discretion, the court may
20appoint as a special process server a private detective agency
21certified under the Private Detective, Private Alarm, Private
22Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
23the appointment, any employee of the private detective agency
24who is registered under that Act may serve the process. The
25motion and the order of appointment must contain the number of
26the certificate issued to the private detective agency by the

 

 

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1Department of Professional Regulation under the Private
2Detective, Private Alarm, Private Security, Fingerprint
3Vendor, and Locksmith Act of 2004. A private detective or
4private detective agency shall send, one time only, a copy of
5his, her, or its individual private detective license or
6private detective agency certificate to the county sheriff in
7each county in which the detective or detective agency or his,
8her, or its employees serve process, regardless of size of the
9population of the county. As long as the license or certificate
10is valid and meets the requirements of the Department of
11Financial and Professional Regulation, a new copy of the
12current license or certificate need not be sent to the sheriff.
13A private detective agency shall maintain a list of its
14registered employees. Registered employees shall consist of:
15        (1) an employee who works for the agency holding a
16    valid Permanent Employee Registration Card;
17        (2) a person who has applied for a Permanent Employee
18    Registration Card, has had his or her fingerprints
19    processed and cleared by the Department of State Police and
20    the FBI, and as to whom the Department of Financial and
21    Professional Regulation website shows that the person's
22    application for a Permanent Employee Registration Card is
23    pending;
24        (3) a person employed by a private detective agency who
25    is exempt from a Permanent Employee Registration Card
26    requirement because the person is a current peace officer;

 

 

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1    and
2        (4) a private detective who works for a private
3    detective agency as an employee.
4A detective agency shall maintain this list and forward it to
5any sheriff's department that requests this list within 5
6business days after the receipt of the request.
7    (b) Summons may be served upon the defendants wherever they
8may be found in the State, by any person authorized to serve
9process. An officer may serve summons in his or her official
10capacity outside his or her county, but fees for mileage
11outside the county of the officer cannot be taxed as costs. The
12person serving the process in a foreign county may make return
13by mail.
14    (c) If any sheriff, coroner, or other person to whom any
15process is delivered, neglects or refuses to make return of the
16same, the plaintiff may petition the court to enter a rule
17requiring the sheriff, coroner, or other person, to make return
18of the process on a day to be fixed by the court, or to show
19cause on that day why that person should not be attached for
20contempt of the court. The plaintiff shall then cause a written
21notice of the rule to be served on the sheriff, coroner, or
22other person. If good and sufficient cause be not shown to
23excuse the officer or other person, the court shall adjudge him
24or her guilty of a contempt, and shall impose punishment as in
25other cases of contempt.
26    (d) If process is served by a sheriff, or coroner, or

 

 

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1special investigator appointed by the State's Attorney, the
2court may tax the fee of the sheriff, or coroner, or State's
3Attorney's special investigator as costs in the proceeding. If
4process is served by a private person or entity, the court may
5establish a fee therefor and tax such fee as costs in the
6proceedings.
7    (e) In addition to the powers stated in Section 8.1a of the
8Housing Authorities Act, in counties with a population of
93,000,000 or more inhabitants, members of a housing authority
10police force may serve process for forcible entry and detainer
11actions commenced by that housing authority and may execute
12orders of possession for that housing authority.
13    (f) In counties with a population of 3,000,000 or more,
14process may be served, with special appointment by the court,
15by a private process server or a law enforcement agency other
16than the county sheriff in proceedings instituted under the
17Forcible Entry and Detainer Article of this Code as a result of
18a lessor or lessor's assignee declaring a lease void pursuant
19to Section 11 of the Controlled Substance and Cannabis Nuisance
20Act.
21(Source: P.A. 96-1451, eff. 8-20-10; 97-427, eff. 1-1-12.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.