(55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
Sec. 3-5045.
Scope of liability in connection with Uniform
Commercial Code. No recorder nor any of the recorder's employees or
agents shall be subject to personal liability by reason of any error or
omission in the performance of any duty under Article 9 of the Uniform
Commercial Code except in case of willful negligence.
(Source: P.A. 103-400, eff. 1-1-24.)
|
(55 ILCS 5/3-5046) Sec. 3-5046. Quitclaim deed notification. Upon the recording or filing of a quitclaim deed on any property within a county with a population of 3,000,000 or more, the recorder of deeds must mail a notification postcard to the previous owner of record at the address listed on the property record in the recorder's office. The postcard must state that a newly recorded quitclaim deed has been filed on the property, and must state the date of the new recording, the address of the recorder's office, and any other information deemed necessary by the recorder. No county, including a home rule county, may act in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 94-823, eff. 1-1-07.) |
(55 ILCS 5/3-5047) Sec. 3-5047. Removal of personal information. Upon request by any person, the recorder shall redact or remove that person's social security number, employer taxpayer identification number, driver's license number, State identification number, passport number, checking account number, savings account number, credit card number, debit card number, or personal identification (PIN) code from any internet website maintained by the recorder or used by the recorder to display public records. The request must be made in writing and delivered by mail, facsimile, electronic transmission, or in person to the office of the recorder. The request must specify the personal information to be redacted and identify the document that contains the personal information. Within 12 months after the effective date of this amendatory Act of the 95th General Assembly all county recorders that publicly display records on an Internet website must submit a written policy, including a timeline, to their respective county boards providing for the redaction of social security numbers from all records publicly displayed on the website. Any county recorder that launches a website on or after the effective date of this amendatory Act of the 95th General Assembly shall develop and implement a policy providing for the removal of all social security numbers from all records prior to the public display of those records on the website, and must file a copy of the policy with the county board of that county. Policies pertaining to the removal of social security numbers from records to be posted on the internet shall be made available to all employees of a county recorder. No person or entity shall include an individual's social security number in a document that is prepared and presented for recording with a county recorder. This Section shall not apply to (i) State or federal tax liens, certified copies of death certificates, or other documents required by law to contain personal identifying information or (ii) documents that were executed by an individual prior to the effective date of this amendatory Act of the 95th General Assembly. County recorders shall not be liable for any claims arising from unintentional or inadvertent violations of this Section.
(Source: P.A. 95-875, eff. 1-1-09.) |
(55 ILCS 5/3-5048) Sec. 3-5048. Unlawful restrictive covenant modifications. (a) As used in this Section: "Declaration" has the meaning given to that term in Section 1-5 of the Common Interest Community Association Act or Section 2 of the Condominium Property Act, as applicable. "Unlawful restrictive covenant" means any recorded covenant or restriction that is void under Section 3-105 of the Illinois Human Rights Act which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof on the basis of race, color, religion, or national origin. "Recorder" means the recorder of the county where the property subject to the unlawful restrictive covenant is located. (b) A person or entity may execute and file a restrictive covenant modification to an unlawful restrictive covenant in accordance with this Section if the person or entity: (1) holds an ownership interest in property that is | ||
| ||
(2) is a common interest community association, a | ||
| ||
(A) When a parcel of property subject to an | ||
| ||
(B) If the board receives a written request by an | ||
| ||
(C) If a board fails or refuses to execute and | ||
| ||
(D) The board shall give written notice to all | ||
| ||
(c) A restrictive covenant modification shall include: (1) a complete copy of the original instrument | ||
| ||
(2) a petition to modify an unlawful restrictive | ||
| ||
(d) A petition to modify an unlawful restrictive covenant shall: (1) be signed by the record owner of the property or, | ||
| ||
(2) reference the property index number or unique | ||
| ||
(3) include any other information that the recorder | ||
| ||
(e) On receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. (f) Within 30 days of receipt from the recorder, the State's Attorney shall: (1) review the restrictive covenant modification and | ||
| ||
(2) return the restrictive covenant modification and | ||
| ||
(g) The recorder may not record a restrictive covenant modification filed under subsection (b) unless the State's Attorney determines that the modification is appropriate in accordance with subsection (f). If the State's Attorney's written determination finds that the instrument contains an unlawful restrictive covenant, the recorder shall record the restrictive covenant modification with the language stricken as directed by the State's Attorney. (h) A recorded restrictive covenant modification shall be indexed in the same manner as the original instrument. (i) Subject to all lawful covenants, conditions, and restrictions that were recorded after the recording of the original instrument, the restrictions contained in a duly recorded restrictive covenant modification are the only restrictions based on the original instrument that apply to the property. (j) The effective date of the terms and conditions contained in a duly recorded restrictive covenant modification shall be the same as the effective date of the original instrument. (k) If a person or entity causes to be filed or recorded a restrictive covenant modification that contains modifications not authorized under this Section: (1) the recorder may not incur any liability for | ||
| ||
(2) the county may not incur any liability as a | ||
| ||
(3) any costs, fees, or liability that results from | ||
| ||
(l) The recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant pursuant to this Section in an amount not to exceed $10.
(Source: P.A. 102-110, eff. 1-1-22.) |
(55 ILCS 5/Div. 3-6 heading) Division 3-6.
Sheriff
|
(55 ILCS 5/3-6001) (from Ch. 34, par. 3-6001)
Sec. 3-6001.
Commission.
Every sheriff shall be commissioned by the
Governor; but no commission shall issue except upon the certificate of the
county clerk of the proper county, of the due election or appointment of
such sheriff, and that he or she has filed his or her bond and taken the
oath of office, as hereinafter provided.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6001.5)
Sec. 3-6001.5. Sheriff qualifications. A person is not eligible to be elected or
appointed to the office of sheriff, unless that person meets all of the
following requirements:
(1) Is a United States citizen.
(2) Has been a resident of the county for at least | ||
| ||
(3) Is not a convicted felon.
(4) Has a certificate attesting to his or her | ||
| ||
(Source: P.A. 101-652, eff. 1-1-22.)
|
(55 ILCS 5/3-6002) (from Ch. 34, par. 3-6002)
Sec. 3-6002. Commencement of duties. The sheriff shall enter upon
the duties of his or her office on the December 1
following his or her election.
(Source: P.A. 102-15, eff. 6-17-21.)
|
(55 ILCS 5/3-6003) (from Ch. 34, par. 3-6003)
Sec. 3-6003.
Bond.
Before entering upon the duties of his or her office, he
or she shall give bond, with 2 or more sufficient sureties (or, if the county
is self-insured, the county through its self-insurance program may provide
bonding), to be approved by the circuit court for his or her county, in the
penal sum of $10,000 (except that the bond of the sheriff of Cook County shall
be in the penal sum of $100,000), payable to the people of the State of
Illinois, conditioned that he or she will faithfully discharge all the duties
required, or to be required of him or her by law, as such sheriff; which bond
shall be filed in the circuit court, and a copy thereof also filed in the
office of the county clerk of his or her county.
(Source: P.A. 88-387.)
|
(55 ILCS 5/3-6004) (from Ch. 34, par. 3-6004)
Sec. 3-6004.
Oath.
He or she shall also, before entering upon the
duties of his or her office, take and subscribe the oath or affirmation
prescribed by Section 3 of Article XIII of the Constitution, which shall be
filed in the office of the county clerk of his or her county.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6005) (from Ch. 34, par. 3-6005)
Sec. 3-6005.
Failure to give bond or take oath; vacancy.
If any
person elected or appointed to the office of sheriff, of any county, shall
fail to give bond or take the oath required of him or her, within
30 days
after he or she is appointed or declared elected, the office shall be deemed
vacant.
(Source: P.A. 91-76, eff. 1-1-00.)
|
(55 ILCS 5/3-6006) (from Ch. 34, par. 3-6006)
Sec. 3-6006.
Copy of bond as evidence.
Copies of such bonds,
certified by the county clerk, or of the record thereof, certified by the
clerk of the circuit court, shall be received as evidence.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6007) (from Ch. 34, par. 3-6007)
Sec. 3-6007.
Training.
Each sheriff shall obtain at least 20 hours of
training, approved by the Illinois Law Enforcement Training Standards Board,
relating to law enforcement and the operation of a sheriff's office each year.
Reasonable expenses incurred by the sheriff in obtaining such training shall be
reimbursed by the county upon presentation by the sheriff to the county board
of a certificate of completion from the person or entity conducting such
training.
(Source: P.A. 88-586, eff. 8-12-94.)
|
(55 ILCS 5/3-6007.5) Sec. 3-6007.5. Sheriff's salary. (a) As used in this Section, "salary" is exclusive of any other compensation or benefits. (b) The salary of a sheriff elected or appointed after the effective date of this amendatory Act of the 102nd General Assembly in a non-home rule county shall not be less than 80% of the salary set for the State's Attorney under Section 4-2001 for the county in which the sheriff is elected or appointed. (c) The State shall furnish 66 2/3% of the total annual salary to be paid to a sheriff. Said amounts furnished by the State shall be payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which the sheriff is elected or appointed. The county shall furnish 33 1/3% of the total annual salary.
(Source: P.A. 102-699, eff. 7-1-22.) |
(55 ILCS 5/3-6008) (from Ch. 34, par. 3-6008)
Sec. 3-6008.
Deputies.
Each sheriff may appoint one or
more deputies, not exceeding the number allowed by the county board of his
or her county. No person who has ever been classified as a conscientious
objector by a local selective service draft board may be appointed as a
deputy sheriff.
(Source: P.A. 86-962; 87-738.)
|
(55 ILCS 5/3-6008.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-6008.5. Veteran testing. An applicant who is a veteran, as that term is defined in 38 U.S.C. 101(2), who was discharged honorably or generally under honorable conditions no later than 6 months before applying may request examination to occur before the next scheduled examination date and, if requested, may be examined as soon as possible prior to the next examination date following receipt of the application. Once the applicant passes the examination and all other requirements to be on an eligibility list, the applicant shall be immediately placed on the eligibility list. Nothing in this Section waives eligibility for the applicant to receive military preference points during the application process or employment.
(Source: P.A. 103-623, eff. 1-1-25.) |
(55 ILCS 5/3-6009) (from Ch. 34, par. 3-6009)
Sec. 3-6009.
Appointment in writing.
Such appointment shall be in
writing, signed by the sheriff.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6010) (from Ch. 34, par. 3-6010)
Sec. 3-6010.
Oath of deputy.
Each deputy shall, before entering upon
the duties of his or her office, take and subscribe an oath or affirmation,
in like form as is required of sheriffs, which shall be filed in the office
of the county clerk.
A sheriff, in addition to any other person authorized by law, may
administer the oath of office required of a deputy sheriff.
(Source: P.A. 89-391, eff. 1-1-96.)
|
(55 ILCS 5/3-6011) (from Ch. 34, par. 3-6011)
Sec. 3-6011.
Special deputies.
A sheriff may appoint a special deputy
to serve any summons issued out of a court, by indorsement thereon,
substantially as follows: "I hereby appoint .... my special deputy, to
serve the within process," which shall be dated and signed by the sheriff.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6012) (from Ch. 34, par. 3-6012)
Sec. 3-6012.
Auxiliary deputies.
The sheriff of any county in Illinois
may, with the advice and consent of the county board appoint auxiliary
deputies in such number as the county board shall from time to time deem
necessary. However, such number of appointed auxiliary deputies shall not
increase after January 1, 1982 if vacancies exist within the certified
ranks of the department. Such auxiliary deputies shall not be regular
appointed deputies pursuant to Section 3-6008, nor shall they be
members of a county police department established pursuant to Divisions 3-7
and 3-8.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6012.1)
Sec. 3-6012.1. Court security officers. The sheriff of any county in
Illinois with
less than 3,000,000 inhabitants may hire court security officers in such
number as the county
board shall from time to time deem necessary. Court security officers may be
designated by the Sheriff to attend courts and perform the functions set forth
in Section
3-6023. Court security officers shall have the authority to arrest; however,
such arrest powers shall be limited to performance of their official duties as
court security officers. Court security officers may carry weapons, upon which
they have been trained and qualified as permitted by law, at their place of
employment and to and from their place of employment with the consent of the
Sheriff. The court security officers shall be sworn officers of the Sheriff
and shall be primarily responsible for the security of the courthouse and its
courtrooms. The court security officers shall be under the sole control of
the sheriff of the county in which they are hired. No court security officer shall be subject to the jurisdiction of a Sheriff's Merit Commission unless the officer was hired through the Sheriff's Merit Commission's certified applicant process under Section 3-8010 of the Counties Code. They are not regular appointed deputies under
Section 3-6008. The position of court security officer shall not be considered
a rank when seeking initial appointment as deputy sheriff under Section
3-8011.
Every court security officer hired on or after June 1, 1997 (the effective date of Public Act 89-685)
shall serve a probationary period of 12 months during which time they may
be discharged at the will of the Sheriff.
(Source: P.A. 99-10, eff. 1-1-16; 100-201, eff. 8-18-17.)
|
(55 ILCS 5/3-6012.2) Sec. 3-6012.2. Mental health specialists; sheriff's offices. Sheriff's offices shall ensure
that mental health resources, including counselors or therapists,
are available to each sheriff's office's employees, whether through
direct employment by that office, contract employment,
or other means.
(Source: P.A. 101-375, eff. 8-16-19.) |
(55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
Sec. 3-6013. Duties, training and compensation of auxiliary deputies. Auxiliary deputies shall not supplement members of the regular county
police department or regular deputies in the performance of their assigned
and normal duties, except as provided herein. Auxiliary deputies may be
assigned and directed by the sheriff to perform the following duties in
the county:
To aid or direct traffic within the county, to aid in control of natural
or human made disasters, to aid in case of civil disorder as assigned and
directed by the sheriff, provided, that in emergency cases which render it
impractical for members of the regular county police department or regular
deputies to perform their assigned and normal duties, the sheriff is hereby
authorized to assign and direct auxiliary deputies to perform such regular
and normal duties. Identification symbols worn by such auxiliary deputies
shall be different and distinct from those used by members of the regular
county police department or regular deputies. Such auxiliary deputies
shall at all times during the performance of their duties be subject to the
direction and control of the sheriff of the county. Such auxiliary deputies
shall not carry firearms, except with the permission of the sheriff, and
only while in uniform and in the performance of their assigned duties.
Auxiliary deputies, prior to entering upon any of their duties, shall
receive a course of training in the use of weapons and other police
procedures as shall be appropriate in the exercise of the powers
conferred upon them under this Division, which training and
course of study shall be determined and provided by the sheriff of each
county utilizing auxiliary deputies, provided that, before being
permitted to carry a firearm an auxiliary deputy must have the same
course of training as required of peace officers in Section 2 of the
Peace Officer and Probation Officer Firearm Training Act. The county authorities shall require
that all auxiliary deputies be residents of the county served by them.
Prior to the appointment of any auxiliary deputy his or her fingerprints
shall be taken and no person shall be appointed as such auxiliary deputy if
he or she has been convicted of a felony or other crime involving moral
turpitude.
Auxiliary deputies may receive such compensation as is set by the County Board, with the advice and consent of the Sheriff, not to exceed the lowest hourly pay of a full-time sworn member of the regular county police or sheriff's department and not be paid a salary, except as provided in
Section 3-6036, but may be reimbursed for actual expenses incurred in
performing their assigned duty. The County Board must approve such actual
expenses and arrange for payment.
Nothing in this Division shall preclude an auxiliary deputy from holding
a simultaneous appointment as an auxiliary police officer pursuant to Section
3-6-5 of the Illinois Municipal Code.
(Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15.)
|
(55 ILCS 5/3-6014) (from Ch. 34, par. 3-6014)
Sec. 3-6014.
Return by special deputy.
Such special deputy shall
make return in the time and manner of serving such process, under his or
her oath, and for making a false return he or she shall be guilty of
perjury, and punished accordingly.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6015) (from Ch. 34, par. 3-6015)
Sec. 3-6015.
Powers of deputies.
Deputy sheriffs, duly appointed and
qualified, may perform any and all the duties of the sheriff, in the name
of the sheriff, and the acts of such deputies shall be held to be acts of
the sheriff.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6015.5) Sec. 3-6015.5. Recall of deputy sheriffs; limit. A deputy sheriff who is retired for disability and is 60 years old or older may not be recalled to service in any capacity.
(Source: P.A. 103-33, eff. 6-9-23.) |
(55 ILCS 5/3-6016) (from Ch. 34, par. 3-6016)
Sec. 3-6016.
Sheriff liable for acts of deputy and auxiliary deputy.
The sheriff shall be liable for any neglect or omission of the duties of
his or her office, when occasioned by a deputy or auxiliary deputy, in the
same manner as for his or her own personal neglect or omission.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6017) (from Ch. 34, par. 3-6017)
Sec. 3-6017.
Sheriff custodian of courthouse and jail.
He or she
shall have the custody and care of the courthouse and jail of his or her
county, except as is otherwise provided.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6018) (from Ch. 34, par. 3-6018)
Sec. 3-6018.
Counties under 1,000,000; control of internal
operations. In counties of less than 1 million population, the sheriff
shall control the internal operations of his office. Subject to the
applicable county appropriation ordinance, the sheriff shall direct the
county treasurer to pay, and the treasurer shall pay, the expenditures for
the sheriff's office, including payments for personal services, equipment,
materials and contractual services. Purchases of equipment by the sheriff
shall be made in accordance with any ordinance requirements for centralized
purchasing through another county office or through the state which are
applicable to all county offices.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6019) (from Ch. 34, par. 3-6019)
Sec. 3-6019.
Duties of sheriff; office quarters and
hours. Sheriffs shall serve and execute, within their respective
counties, and return all warrants, process, orders and judgments of
every description that may be legally directed or delivered to them.
A sheriff of a county with a population of less than 1,000,000 may employ
civilian personnel to serve process in civil matters. If an arrest warrant upon complaint under Section 107-9 of the Code of Criminal Procedure of 1963, or a warrant of arrest due to failure to appear under Section 107-12 of the Code, originated from a law enforcement agency other than the county sheriff's office, then the county sheriff of a county with a population of more than 600,000 may require that law enforcement agency to store and maintain the warrant. That law enforcement agency is responsible for entering the warrant into the Illinois Law Enforcement Agencies Data System (LEADS) and the National Crime Information Center Database (NCIC). The county sheriff may require the originating law enforcement agency to arrange for transportation of the wanted person to the county jail. Originating agencies may contract with the county sheriff or another law enforcement agency to store, maintain, and provide transportation of the wanted person to the county jail. Any law enforcement agency or regional dispatch center may act as holder of the warrant for an originating agency that has no telecommunications equipment.
Each sheriff shall keep and maintain his or her office at the county seat of
the county for which he or she is the sheriff, and shall in counties having a
population of less than 500,000 keep his or her office open and attend to
the duties thereof from 8 o'clock in the forenoon to 5 o'clock in
the afternoon of each working day, excepting such days and half days as,
under any law, are or may be legal holidays, or half holidays.
The hours of opening and closing of the office of the
sheriff may be changed and otherwise fixed and determined by the county
board of such county. Such action taken by the county board
shall be by an appropriate resolution passed at a regular meeting.
(Source: P.A. 98-250, eff. 8-9-13.)
|
(55 ILCS 5/3-6020) (from Ch. 34, par. 3-6020)
Sec. 3-6020.
Contempt of court; damages.
The disobedience of any
sheriff to perform the command of any warrant, process, order or judgment
legally issued to him or her, shall be deemed a contempt of the court that
issued the same, and may be punished accordingly; and he or she shall be
liable to the party aggrieved for all damages occasioned thereby.
No sheriff shall be civilly liable for serving, as directed by the court, any
warrant,
order, process, or judgment that has been issued or affirmed by a court of the
State of Illinois and that is valid on its face, unless the service involved
willful or
wanton misconduct by the sheriff.
(Source: P.A. 93-386, eff. 1-1-04.)
|
(55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
Sec. 3-6021.
Conservator of the peace.
Each sheriff shall be
conservator of the peace in his or her county, and shall prevent crime and
maintain the safety and order of the citizens of that county; and may arrest
offenders on view, and cause them to be
brought before the proper court for trial or examination.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
|
(55 ILCS 5/3-6022) (from Ch. 34, par. 3-6022)
Sec. 3-6022.
Posse comitatus.
To keep the peace, prevent crime, or
to execute any warrant, process, order or judgment he or she may call to
his or her aid, when necessary, any person or the power of the county.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
Sec. 3-6023. Attendance at courts. Each sheriff shall, in person or by
deputy, county corrections officer, or court security officer, attend upon
all courts held in his or her county when in session, and obey the lawful
orders and directions of the court, and shall maintain the security of the
courthouse. Court services customarily performed by sheriffs shall be provided
by the sheriff or his or her deputies, county corrections officers, or
court security officers, rather than by employees of the court, unless there
are no deputies, county corrections officers, or court security officers
available to perform such services. The expenses of the sheriff in carrying
out his or her duties under this Section, including the compensation of
deputies, county corrections officers, or court security officers assigned
to such services, shall be paid to the county from fees collected pursuant to
court order for services of the sheriff and from any court services fees
collected by the county under the Criminal and Traffic Assessment Act.
(Source: P.A. 100-987, eff. 7-1-19.)
|
(55 ILCS 5/3-6024) (from Ch. 34, par. 3-6024)
Sec. 3-6024.
Disability to hold other offices.
No sheriff or deputy
sheriff shall be eligible to the office of county treasurer, nor shall any
county treasurer be permitted to act as deputy sheriff.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6025) (from Ch. 34, par. 3-6025)
Sec. 3-6025.
No practice as attorney or security for another.
No sheriff or deputy sheriff shall appear in any court as
attorney at law for any party, or become security for any person in
any civil or criminal action or proceeding.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6026) (from Ch. 34, par. 3-6026)
Sec. 3-6026.
No purchase of property at own sale.
No sheriff
or deputy sheriff shall become the purchaser, nor procure any other person
to become the purchaser for him or her, of any property, real or personal,
by him or her exposed to sale, by virtue of any judgment or process; and
all such purchases made by any sheriff or deputy sheriff, or by any other
person in his or her behalf, shall be absolutely null and void.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6027) (from Ch. 34, par. 3-6027)
Sec. 3-6027.
Penalty for neglect to pay over money collected.
If any sheriff unreasonably neglects to pay any money collected by
him on execution, fee bill or process, when demanded by the person entitled
to receive the same, he may be proceeded against in the court from which
the execution, fee bill or process issued, as for a contempt; and he shall
also forfeit to the person injured five times the lawful interest of the
money, from the time of the demand until paid, which may be recovered by
action upon his bond, or against the sheriff alone, in any court of
competent jurisdiction.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6028) (from Ch. 34, par. 3-6028)
Sec. 3-6028.
Delivery of papers and property to successor.
When a sheriff leaves his or her office he or she shall deliver
to his or her successor all process, paper and property attached
or levied upon except such as he or she is authorized by law to
retain, and also the possession of the court house and jail of
his or her county, and shall take from his or her successor a
receipt, specifying the papers and property so delivered over,
and the prisoners in custody, if any--which receipt shall be
sufficient indemnity to the person taking the same.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6029) (from Ch. 34, par. 3-6029)
Sec. 3-6029.
Completion of collections.
Every sheriff leaving his or
her office at the expiration of his or her term, and having any judgment or
fee bill which he or she may have levied but not collected, or any tax list
uncollected, and which he or she is authorized to collect, may proceed and
collect the same in the same manner as if his or her term of office had not
expired.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6030) (from Ch. 34, par. 3-6030)
Sec. 3-6030.
Vacancy; power of deputies.
In case of a vacancy in the
office of sheriff, every deputy in office under him or her having a process
in his or her possession at the time such vacancy happens, shall have the
same authority and be under the same obligation to serve, execute and
return the same as if the sheriff had continued in office.
Any vacancy occurring in the office of sheriff shall be filled as
provided in The Election Code.
In counties of over 2,000,000 inhabitants, until a vacancy in the
office of sheriff is filled as provided in The Election Code, the
undersheriff shall be the acting sheriff with all the powers and duties
of a sheriff.
(Source: P.A. 86-962; 86-1028.)
|
(55 ILCS 5/3-6031) (from Ch. 34, par. 3-6031)
Sec. 3-6031.
Sheriff in military service.
If any sheriff enters
into the active military service of the United States, the office of
sheriff shall not be deemed to be vacant during the time the sheriff is in
such service, and the sheriff shall designate a deputy sheriff as acting
sheriff who shall perform and discharge all the duties of sheriff of such
county during the time such sheriff is in the active military service of
the United States, but all powers and duties of such acting sheriff as
sheriff shall cease upon the discharge of the sheriff from such service or
upon the termination of the term of office for which the sheriff was
elected. A certificate of such designation containing the name of the
designated deputy and the date of the appointment, signed and acknowledged
by the sheriff, shall be filed in the office of the circuit clerk of the
county on the date of the designation.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6032) (from Ch. 34, par. 3-6032)
Sec. 3-6032.
Minor identification and protection.
The sheriff
of each county shall comply with the requirements of Section 3 of the Minor
Identification and Protection Act.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
Sec. 3-6033. Citizenship and residence. The
sheriff of any county or the corporate
authorities of any municipality may authorize, empower, employ, or
permit a person to act as deputy sheriff or special policeman for the
purpose of preserving the peace who is a citizen of the United States, who is legally authorized under federal law to work in the United States and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm, or who is an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm.
(Source: P.A. 103-357, eff. 1-1-24.)
|
(55 ILCS 5/3-6034) (from Ch. 34, par. 3-6034)
Sec. 3-6034.
Violations.
Any sheriff or public officer violating the
provision of Section 3-6033 shall be deemed guilty of a petty offense.
(Source: P.A. 86-962.)
|
(55 ILCS 5/3-6035) (from Ch. 34, par. 3-6035)
Sec. 3-6035.
Supervisor of Safety.
The office of Supervisor of Safety
is hereby created for each county to be held by the Sheriff of the county.
(Source: P.A. 86-962.)
|