Illinois General Assembly - Full Text of HB5749
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Full Text of HB5749  97th General Assembly




HB5749 EnrolledLRB097 17713 RLC 62927 b

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 4.01 and 7.06 as follows:
6    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)
7    Sec. 4.01. The Office and all attorneys employed thereby
8may represent the People of the State of Illinois on appeal in
9all cases which emanate from a county containing less than
103,000,000 inhabitants, when requested to do so and at the
11direction of the State's Attorney, otherwise responsible for
12prosecuting the appeal, and may, with the advice and consent of
13the State's Attorney prepare, file and argue such appellate
14briefs in the Illinois Appellate Court and, when requested and
15authorized to do so by the Attorney General, in the Illinois
16Supreme Court. The Office may also assist County State's
17Attorneys in the discharge of their duties under the Illinois
18Controlled Substances Act, the Cannabis Control Act, the
19Methamphetamine Control and Community Protection Act, the Drug
20Asset Forfeiture Procedure Act, the Narcotics Profit
21Forfeiture Act, and the Illinois Public Labor Relations Act,
22including negotiations conducted on behalf of a county or
23pursuant to an intergovernmental agreement as well as in the



HB5749 Enrolled- 2 -LRB097 17713 RLC 62927 b

1trial and appeal of said cases and of tax objections, and the
2counties which use services relating to labor relations shall
3reimburse the Office on pro-rated shares as determined by the
4board based upon the population and number of labor relations
5cases of the participating counties. In addition, the Office
6and all attorneys employed by the Office may also assist
7State's Attorneys in the discharge of their duties in the
8prosecution, and trial, or hearing on post-conviction of other
9cases when requested to do so by, and at the direction of, the
10State's Attorney otherwise responsible for the case. In
11addition, the Office and all attorneys employed by the Office
12may act as Special Prosecutor if duly appointed to do so by a
13court having jurisdiction. To be effective, the order
14appointing the Office or its attorneys as Special Prosecutor
15must (i) identify the case and its subject matter and (ii)
16state that the Special Prosecutor serves at the pleasure of the
17Attorney General, who may substitute himself or herself as the
18Special Prosecutor when, in his or her judgment, the interest
19of the people of the State so requires. Within 5 days after
20receiving a copy of an order from the court appointing the
21Office or any of its attorneys as a Special Prosecutor, the
22Office must forward a copy of the order to the Springfield
23office of the Attorney General.
24(Source: P.A. 94-556, eff. 9-11-05.)
25    (725 ILCS 210/7.06)  (from Ch. 14, par. 207.06)



HB5749 Enrolled- 3 -LRB097 17713 RLC 62927 b

1    Sec. 7.06. (a) The Director may contract for such hire no
2more than 0 investigators to provide investigative services in
3criminal cases and tax objection cases for staff counsel and
4county state's attorneys. Investigators may be authorized by
5the board to carry tear gas gun projectors or bombs, pistols,
6revolvers, stun guns, tasers or other firearms.
7    Subject to the qualifications set forth below,
8investigators shall be peace officers and shall have all the
9powers possessed by policemen in cities and by sheriffs;
10provided, that investigators shall exercise such powers
11anywhere in the State only after contact and in cooperation
12with the appropriate local law enforcement agencies.
13    No investigator shall have peace officer status or exercise
14police powers unless he or she successfully completes the basic
15police training course mandated and approved by the Illinois
16Law Enforcement Training Standards Board or such board waives
17the training requirement by reason of the investigator's prior
18law enforcement experience or training or both.
19    The board shall not waive the training requirement unless
20the investigator has had a minimum of 5 years experience as a
21sworn officer of a local, state or federal law enforcement
22agency, 2 of which shall have been in an investigatory
24    (b) The Director must authorize to each investigator
25employed under this Section and to any other employee of the
26Office exercising the powers of a peace officer a distinct



HB5749 Enrolled- 4 -LRB097 17713 RLC 62927 b

1badge that, on its face, (i) clearly states that the badge is
2authorized by the Office and (ii) contains a unique identifying
3number. No other badge shall be authorized by the Office.
4(Source: P.A. 96-900, eff. 5-28-10.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.