State of Illinois
90th General Assembly
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90_HB1891

      55 ILCS 5/3-9005          from Ch. 34, par. 3-9005
          Amends the Counties Code concerning the powers and duties
      of a State's Attorney.  Makes a technical change.
                                                     LRB9005226MWcd
                                               LRB9005226MWcd
 1        AN ACT to amend the Counties  Code  by  changing  Section
 2    3-9005.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Counties  Code  is  amended  by  changing
 6    Section 3-9005 as follows:
 7        (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
 8        Sec. 3-9005.  Powers and duties of a State's Attorney.
 9        (a)  The duty of each State's attorney shall be:
10             (1)  To  commence  and prosecute all actions, suits,
11        indictments and prosecutions, civil and criminal, in  the
12        circuit  court for his county, in which the people of the
13        State or county may be concerned.
14             (2)  To   prosecute   all   forfeited   bonds    and
15        recognizances,  and  all  actions and proceedings for the
16        recovery of debts, revenues, moneys, fines, penalties and
17        forfeitures accruing to the State or his  county,  or  to
18        any school district or road district in his county; also,
19        to  prosecute all suits in his county against railroad or
20        transportation companies, which may be prosecuted in  the
21        name of the People of the State of Illinois.
22             (3)  To  commence  and  prosecute  all  actions  and
23        proceedings brought by any county officer in his official
24        capacity.
25             (4)  To  defend  all actions and proceedings brought
26        against his  county,  or  against  any  county  or  State
27        officer, in his official capacity, within his county.
28             (5)  To   attend  the  examination  of  all  persons
29        brought before any  judge  on  habeas  corpus,  when  the
30        prosecution is in his county.
31             (6)  To  attend  before judges and prosecute charges
                            -2-                LRB9005226MWcd
 1        of felony or  misdemeanor,  for  which  the  offender  is
 2        required  to  be  recognized to appear before the circuit
 3        court, when in his power so to do.
 4             (7)  To give his opinion, without fee or reward,  to
 5        any  county  officer  in his county, upon any question or
 6        law relating to any criminal or other  matter,  in  which
 7        the people or the county may be concerned.
 8             (8)  To  assist the attorney general whenever it may
 9        be necessary, and in cases of appeal from his  county  to
10        the  Supreme  Court,  to  which  it  is  the  duty of the
11        attorney general to attend, he shall furnish the attorney
12        general at least 10 days before such is due to be  filed,
13        a  manuscript of a proposed statement, brief and argument
14        to be printed and filed on behalf of the people, prepared
15        in accordance  with  the  rules  of  the  Supreme  Court.
16        However, if such brief, argument or other document is due
17        to  be  filed by law or order of court within this 10 day
18        period, then the State's attorney shall furnish  such  as
19        soon as may be reasonable.
20             (9)  To  pay  all  moneys  received by him in trust,
21        without delay, to the officer who by law is  entitled  to
22        the custody thereof.
23             (10)  To  notify,  by  first class mail, complaining
24        witnesses  of  the  ultimate  disposition  of  the  cases
25        arising from an indictment or an information.
26             (11)  To perform such other and  further  duties  as
27        may, from time to time, be enjoined on him by law.
28             (12)  To  appear in all proceedings by collectors of
29        taxes against delinquent taxpayers for judgments to  sell
30        real  estate,  and see that all the necessary preliminary
31        steps have been legally taken to make the judgment  legal
32        and binding.
33        (b)  The  State's  Attorney  of  each  county  shall have
34    authority to appoint one or  more  special  investigators  to
                            -3-                LRB9005226MWcd
 1    serve   subpoenas,   make   return  of  process  and  conduct
 2    investigations which  assist  the  State's  Attorney  in  the
 3    performance  of his duties.  A special investigator shall not
 4    carry firearms except with permission of the State's Attorney
 5    and only while carrying appropriate identification indicating
 6    his employment and in the performance of his assigned duties.
 7        Subject  to  the  qualifications  set   forth   in   this
 8    subsection, special investigators shall be peace officers and
 9    shall  have  all  the powers possessed by investigators under
10    the State's Attorneys Appellate Prosecutor's Act.
11        No special investigator employed by the State's  Attorney
12    shall  have  peace  officer  status or exercise police powers
13    unless he or she  successfully  completes  the  basic  police
14    training  course  mandated  and  approved by the Illinois Law
15    Enforcement Training Standards Board or such board waives the
16    training requirement by reason of the special  investigator's
17    prior  law  enforcement  experience  or training or both. Any
18    State's Attorney  appointing  a  special  investigator  shall
19    consult  with  all  affected  local  police  agencies, to the
20    extent consistent with the public interest,  if  the  special
21    investigator  is  assigned  to  areas  within  that  agency's
22    jurisdiction.
23        Before  a  person is appointed as a special investigator,
24    his fingerprints  shall  be  taken  and  transmitted  to  the
25    Department of State Police.  The Department shall examine its
26    records  and  submit to the State's Attorney of the county in
27    which  the  investigator  seeks  appointment  any  conviction
28    information  concerning  the  person   on   file   with   the
29    Department.  No  person  shall  be  appointed  as  a  special
30    investigator  if  he  has been convicted of a felony or other
31    offense involving moral turpitude.   A  special  investigator
32    shall  be paid a salary and be reimbursed for actual expenses
33    incurred in performing his assigned duties.  The county board
34    shall approve the salary and actual expenses and  appropriate
                            -4-                LRB9005226MWcd
 1    the  salary  and  expenses in the manner prescribed by law or
 2    ordinance.
 3        (c)  The State's Attorney may request  and  receive  from
 4    employers,  labor  unions,  telephone  companies, and utility
 5    companies location information  concerning  putative  fathers
 6    and  noncustodial  parents  for the purpose of establishing a
 7    child's paternity or establishing, enforcing, or modifying  a
 8    child  support  obligation.   In  this  subsection, "location
 9    information"  means  information  about  (i)   the   physical
10    whereabouts of a putative father or noncustodial parent, (ii)
11    the  putative  father  or  noncustodial parent's employer, or
12    (iii) the salary, wages, and other compensation paid and  the
13    health  insurance coverage provided to the putative father or
14    noncustodial parent by the employer of the putative father or
15    noncustodial parent or by a labor union of which the putative
16    father or noncustodial parent is a member.
17    (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)

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