Full Text of SB0809 99th General Assembly
SB0809enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State's Attorneys Appellate Prosecutor's | 5 | | Act is amended by changing Sections 3, 7.06, and 9.02 as | 6 | | follows:
| 7 | | (725 ILCS 210/3) (from Ch. 14, par. 203)
| 8 | | Sec. 3.
There is created the Office of the State's | 9 | | Attorneys
Appellate Prosecutor as a judicial agency of state | 10 | | government.
| 11 | | (a) The Office of the State's Attorneys Appellate | 12 | | Prosecutor shall
be governed by a board of governors which
| 13 | | shall consist
of 10 members as follows:
| 14 | | (1) Eight State's Attorneys, 2 to be elected from each | 15 | | District
containing less than 3,000,000 inhabitants;
| 16 | | (2) The State's Attorney of Cook County or his or her | 17 | | designee ; and
| 18 | | (3) One State's Attorney to be annually appointed by | 19 | | the other 9 members.
| 20 | | (b) Voting for elected members shall be by District with | 21 | | each of the
State's Attorneys voting from their respective | 22 | | district. Each
board member must be duly elected or appointed | 23 | | and serving as
State's Attorney in the district from which he |
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| 1 | | was elected or appointed.
| 2 | | (c) Elected members shall serve for a term of 2 years | 3 | | commencing upon their election and until their successors are | 4 | | duly elected or
appointed and qualified.
| 5 | | (d) An annual election of members of the board
shall be | 6 | | held within 30 days prior or subsequent to the beginning of the | 7 | | fiscal year, and the board shall certify
the results to the | 8 | | Secretary of State.
| 9 | | (e) The board shall promulgate rules of procedure for the
| 10 | | election of its members and the conduct of its meetings and | 11 | | shall elect
a Chairman and a Vice-Chairman and such other | 12 | | officers as it deems
appropriate. The board shall meet at least | 13 | | once every 3
months, and in addition thereto as directed by the | 14 | | Chairman, or upon the special
call of any 5 members of the | 15 | | board, in writing, sent to the
Chairman, designating the time | 16 | | and place of the meeting.
| 17 | | (f) Five members of the board shall constitute
a quorum for | 18 | | the purpose of transacting business.
| 19 | | (g) Members of the board shall serve without compensation, | 20 | | but
shall be reimbursed for necessary expenses incurred in the | 21 | | performance
of their duties.
| 22 | | (h) A position shall be vacated by either a member's | 23 | | resignation,
removal or inability to serve as State's Attorney.
| 24 | | (i) Vacancies on the board of elected members shall be | 25 | | filled
within 90 days of the occurrence of the vacancy by a | 26 | | special election
held by the State's Attorneys in the district |
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| 1 | | where the vacancy
occurred. Vacancies on the board of the | 2 | | appointed member shall be
filled within 90 days of the | 3 | | occurrence of the vacancy by a special
election by the members. | 4 | | In the case of a special election, the tabulation and | 5 | | certification of the results may be conducted at any regularly | 6 | | scheduled quarterly or special meeting called for that purpose. | 7 | | A member elected or appointed to fill
such position shall serve | 8 | | for the unexpired term of the member whom he
is succeeding. Any | 9 | | member may be re-elected or re-appointed for
additional terms.
| 10 | | (Source: P.A. 96-900, eff. 5-28-10.)
| 11 | | (725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
| 12 | | Sec. 7.06.
(a) The Director may contract for or employ | 13 | | part-time such investigators to
provide
investigative services | 14 | | in criminal cases and tax objection cases for staff
counsel and | 15 | | county state's attorneys. Investigators may be authorized by
| 16 | | the board to carry tear gas gun projectors or bombs, pistols, | 17 | | revolvers,
stun guns, tasers or other firearms.
| 18 | | Subject to the qualifications set forth below, | 19 | | investigators shall be
peace officers and shall have all the | 20 | | powers possessed by policemen in
cities and by sheriffs; | 21 | | provided, that investigators shall exercise such
powers | 22 | | anywhere in the State only after contact and in cooperation | 23 | | with the
appropriate local law enforcement agencies , unless the | 24 | | contact and cooperation would compromise an investigation in | 25 | | which they have a personal involvement .
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| 1 | | No investigator shall have peace officer status or exercise | 2 | | police powers
unless he or she successfully completes the basic | 3 | | police training course
mandated and approved by the Illinois | 4 | | Law Enforcement Training Standards
Board or such board waives | 5 | | the training requirement by reason of the
investigator's prior | 6 | | law enforcement experience or training or both.
| 7 | | The board shall not waive the training requirement unless | 8 | | the
investigator has had a minimum of 5 years experience as a | 9 | | sworn officer of
a local, state or federal law enforcement | 10 | | agency, 2 of which shall have
been in an investigatory | 11 | | capacity.
| 12 | | (b) The Director must authorize to each investigator | 13 | | contracted or employed under this
Section and
to any other | 14 | | employee of the Office exercising the powers of a peace officer | 15 | | a
distinct
badge that, on its face, (i) clearly states that the | 16 | | badge is authorized by the
Office and (ii)
contains a
unique | 17 | | identifying number.
No other badge shall be authorized by
the | 18 | | Office. Nothing in this subsection prohibits the Director from | 19 | | issuing shields or other distinctive identification to | 20 | | employees not exercising the powers of a peace officer if the | 21 | | Director determines that a shield or distinctive | 22 | | identification is necessary for the employee to carry out his | 23 | | or her duties and responsibilities.
| 24 | | (Source: P.A. 96-900, eff. 5-28-10; 97-1012, eff. 8-17-12.)
| 25 | | (725 ILCS 210/9.02) (from Ch. 14, par. 209.02)
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| 1 | | Sec. 9.02.
Within 90 30 days after the appropriation | 2 | | becomes law, the
board shall allocate the county shares of the | 3 | | expenses
to the participating counties
in proportion to | 4 | | population.
| 5 | | (Source: P.A. 84-1062.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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