HB5911 96TH GENERAL ASSEMBLY

LRB096 18159 HLH 33534 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5911

Introduced 2/10/2010, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

20 ILCS 2505/2505-305

was 20 ILCS 2505/39b15.1

Amends the Department of Revenue Law of the Civil Administrative Code of Illinois. Provides that if a Department of Revenue investigator, except an investigator appointed to enforce taxing or other measures under the Liquor Control Act of 1934, discovers any criminal offense or violation unrelated to taxing or other measures administered by the Department, then the investigator may exercise the powers of a police officer if (i) the criminal offense or violation creates a threat to the life or safety of the investigator or any other person and (ii) the investigator notifies the proper local or State law enforcement agency as soon as it is practical. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Department of Revenue Law of the Civil Administrative Code of Illinois is amended by changing Section 2505-305 as follows:

(20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)

Sec. 2505-305. Investigators.

(a) The Department has the power to appoint investigators to conduct all investigations, searches, seizures, arrests, and other duties imposed under the provisions of any law administered by the Department. Except as provided in subsection (c), these investigators have and may exercise all the powers of peace officers solely for the purpose of enforcing taxing or other measures administered by the Department.

(a-5) In addition to the powers provided in subsection (a), if an investigator, except an investigator appointed to enforce taxing or other measures under the Liquor Control Act of 1934, discovers any criminal offense or violation unrelated to taxing or other measures administered by the Department, then the investigator may exercise the powers of a police officer if (i) the criminal offense or violation creates a threat to the life or safety of the investigator or any other person and (ii) the investigator notifies the proper local or State law enforcement agency as soon as it is practical.

(b) The Director must authorize to each investigator employed under this Section and to any other employee of the Department exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the Department and (ii) contains a unique identifying number. No other badge shall be authorized by the Department.

(c) The Department may enter into agreements with the Illinois Gaming Board providing that investigators appointed under this Section shall exercise the peace officer powers set forth in paragraph (20.6) of subsection (c) of Section 5 of the Riverboat Gambling Act.

(Source: P.A. 96-37, eff. 7-13-09.)

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