Illinois General Assembly - Full Text of SB0809
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Full Text of SB0809  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,
3represented in the General Assembly:
4    Section 5. The State's Attorneys Appellate Prosecutor's
5Act is amended by changing Sections 3, 7.06, and 9.02 as
7    (725 ILCS 210/3)  (from Ch. 14, par. 203)
8    Sec. 3. There is created the Office of the State's
9Attorneys Appellate Prosecutor as a judicial agency of state
11    (a) The Office of the State's Attorneys Appellate
12Prosecutor shall be governed by a board of governors which
13shall 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
21each of the State's Attorneys voting from their respective
22district. Each board member must be duly elected or appointed
23and serving as State's Attorney in the district from which he



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1was elected or appointed.
2    (c) Elected members shall serve for a term of 2 years
3commencing upon their election and until their successors are
4duly elected or appointed and qualified.
5    (d) An annual election of members of the board shall be
6held within 30 days prior or subsequent to the beginning of the
7fiscal year, and the board shall certify the results to the
8Secretary of State.
9    (e) The board shall promulgate rules of procedure for the
10election of its members and the conduct of its meetings and
11shall elect a Chairman and a Vice-Chairman and such other
12officers as it deems appropriate. The board shall meet at least
13once every 3 months, and in addition thereto as directed by the
14Chairman, or upon the special call of any 5 members of the
15board, in writing, sent to the Chairman, designating the time
16and place of the meeting.
17    (f) Five members of the board shall constitute a quorum for
18the purpose of transacting business.
19    (g) Members of the board shall serve without compensation,
20but shall be reimbursed for necessary expenses incurred in the
21performance of their duties.
22    (h) A position shall be vacated by either a member's
23resignation, removal or inability to serve as State's Attorney.
24    (i) Vacancies on the board of elected members shall be
25filled within 90 days of the occurrence of the vacancy by a
26special election held by the State's Attorneys in the district



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1where the vacancy occurred. Vacancies on the board of the
2appointed member shall be filled within 90 days of the
3occurrence of the vacancy by a special election by the members.
4In the case of a special election, the tabulation and
5certification of the results may be conducted at any regularly
6scheduled quarterly or special meeting called for that purpose.
7A member elected or appointed to fill such position shall serve
8for the unexpired term of the member whom he is succeeding. Any
9member 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
13part-time such investigators to provide investigative services
14in criminal cases and tax objection cases for staff counsel and
15county state's attorneys. Investigators may be authorized by
16the board to carry tear gas gun projectors or bombs, pistols,
17revolvers, stun guns, tasers or other firearms.
18    Subject to the qualifications set forth below,
19investigators shall be peace officers and shall have all the
20powers possessed by policemen in cities and by sheriffs;
21provided, that investigators shall exercise such powers
22anywhere in the State only after contact and in cooperation
23with the appropriate local law enforcement agencies, unless the
24contact and cooperation would compromise an investigation in
25which they have a personal involvement.



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1    No investigator shall have peace officer status or exercise
2police powers unless he or she successfully completes the basic
3police training course mandated and approved by the Illinois
4Law Enforcement Training Standards Board or such board waives
5the training requirement by reason of the investigator's prior
6law enforcement experience or training or both.
7    The board shall not waive the training requirement unless
8the investigator has had a minimum of 5 years experience as a
9sworn officer of a local, state or federal law enforcement
10agency, 2 of which shall have been in an investigatory
12    (b) The Director must authorize to each investigator
13contracted or employed under this Section and to any other
14employee of the Office exercising the powers of a peace officer
15a distinct badge that, on its face, (i) clearly states that the
16badge is authorized by the Office and (ii) contains a unique
17identifying number. No other badge shall be authorized by the
18Office. Nothing in this subsection prohibits the Director from
19issuing shields or other distinctive identification to
20employees not exercising the powers of a peace officer if the
21Director determines that a shield or distinctive
22identification is necessary for the employee to carry out his
23or 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
2becomes law, the board shall allocate the county shares of the
3expenses to the participating counties in proportion to
5(Source: P.A. 84-1062.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.