Illinois General Assembly - Full Text of SB0056
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Full Text of SB0056  93rd General Assembly

SB0056 93rd General Assembly


093_SB0056

 
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 1        AN ACT in relation to Crime Stoppers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Attorney  General  Act  is  amended by
 5    changing Section 4 as follows:

 6        (15 ILCS 205/4) (from Ch. 14, par. 4)
 7        Sec. 4.  The duties of the Attorney General shall be--
 8        First - To appear for and represent  the  people  of  the
 9    State  before  the  supreme  court  in all cases in which the
10    State  or  the  people   of   the   State   are   interested.
11    Notwithstanding  this provision, the Office of Public Counsel
12    shall be authorized to represent the interests of the  people
13    of   the  State  in  all  proceedings  pertinent  to  utility
14    regulation, including cases before the supreme  court,  where
15    any  such  case is properly brought by the Office pursuant to
16    its statutory duties and powers.
17        Second - To  institute  and  prosecute  all  actions  and
18    proceedings  in  favor  of or for the use of the State, which
19    may be necessary in the execution of the duties of any  State
20    officer.
21        Third - To defend all actions and proceedings against any
22    State officer, in his official capacity, in any of the courts
23    of this State or the United States.
24        Fourth  -  To consult with and advise the several State's
25    Attorneys in matters relating to the duties of their  office;
26    and  when, in his judgment, the interest of the people of the
27    State requires it, he shall attend the  trial  of  any  party
28    accused  of  crime,  and assist in the prosecution.  When the
29    Attorney General has requested  in  writing  that  a  State's
30    Attorney initiate court proceedings to enforce any provisions
31    of  the  Election  Code or to initiate a criminal prosecution
 
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 1    with respect to a violation of the Election  Code,  and  when
 2    the  State's  Attorney  has  declined  in writing to initiate
 3    those  proceedings  or  prosecutions  or  when  the   State's
 4    Attorney   has   neither   initiated   the   proceedings   or
 5    prosecutions nor responded in writing to the Attorney General
 6    within  60  days  of the receipt of the request, the Attorney
 7    General  may,  concurrently  with  or  independently  of  the
 8    State's Attorney, initiate such proceedings  or prosecutions.
 9        Fifth - To investigate alleged violations of the statutes
10    which the Attorney General has  a  duty  to  enforce  and  to
11    conduct  other investigations in connection with assisting in
12    the prosecution of a criminal offense at  the  request  of  a
13    State's Attorney.
14        Sixth - To consult with and advise the governor and other
15    State  officers,  and  give, when requested, written opinions
16    upon all legal or constitutional questions  relating  to  the
17    duties of such officers respectively.
18        Seventh  -  To prepare, when necessary, proper drafts for
19    contracts and other writings relating to  subjects  in  which
20    the State is interested.
21        Eighth  -  To  give  written  opinions, when requested by
22    either branch of  the  general  assembly,  or  any  committee
23    thereof, upon constitutional or legal questions.
24        Ninth  -  To  enforce  the  proper  application  of funds
25    appropriated  to  the  public  institutions  of  the   State,
26    prosecute  breaches  of  trust  in the administration of such
27    funds,  and,  when  necessary,  prosecute  corporations   for
28    failure or refusal to make the reports required by law.
29        Tenth  -  To  keep, a register of all cases prosecuted or
30    defended by him, in behalf of the State or its officers,  and
31    of  all  proceedings  had in relation thereto, and to deliver
32    the same to his successor in office.
33        Eleventh - To keep on file in his office a  copy  of  the
34    official  opinions issued by the Attorney General and deliver
 
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 1    same to his successor.
 2        Twelfth - To pay  into  the  State  treasury  all  moneys
 3    received by him for the use of the State.
 4        Thirteenth  -  To  attend  to  and perform any other duty
 5    which may, from time to time, be required of him by law.
 6        Fourteenth - To attend, present evidence to and prosecute
 7    indictments returned by each Statewide Grand Jury.
 8        Fifteenth - To certify Crime  Stoppers  organizations  as
 9    defined in Section 8-802.3 of the Code of Civil Procedure.
10    (Source: P.A. 87-466.)

11        Section  10.  The  Code  of Civil Procedure is amended by
12    adding Section 8-802.3 as follows:

13        (735 ILCS 5/8-802.3 new)
14        Sec. 8-802.3.  Privileged information to  Crime  Stoppers
15    organizations.
16        (a)  Definitions. In this Section:
17        "Crime  Stoppers organization" means a private, nonprofit
18    organization certified by the Attorney General  that  accepts
19    and  expends  donations  for rewards to persons who report to
20    the organization information concerning criminal activity and
21    that  forwards  the  information  to  the   appropriate   law
22    enforcement agency.
23        "Privileged information" means the identity of the person
24    reporting criminal activity to a Crime Stoppers organization,
25    any records, statements (oral, written, or recorded), papers,
26    documents,  or  any  materials whatsoever utilized by a Crime
27    Stoppers organization that identifies  the  person  reporting
28    criminal  activity  to  a  Crime  Stoppers organization or in
29    processing such information that contains the identity of the
30    person reporting the criminal activity to  a  Crime  Stoppers
31    organization,  whether  such information is in the possession
32    of a Crime Stoppers organization, a police  "Crime  Stoppers"
 
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 1    coordinator  or his or her staff, or a law enforcement agency
 2    receiving   such   information   from   a   Crime    Stoppers
 3    organization.
 4        (b)  Nondisclosure  of  privileged information. No person
 5    may  disclose,  by  way  of  testimony  or  any  other  means
 6    privileged information; nor shall the person be  required  to
 7    produce,  under  subpoena, any records, documentary evidence,
 8    opinions, or decisions relating to the privileged information
 9    (i) in  connection  with  any  criminal  case,  any  criminal
10    proceeding, or any administrative hearing of whatever nature,
11    or (ii) by way of any discovery procedure.

12        Section  99.  Effective  date. This Act takes effect upon
13    becoming law.