Public Act 097-1012
HB5749 EnrolledLRB097 17713 RLC 62927 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The State's Attorneys Appellate Prosecutor's
Act is amended by changing Sections 4.01 and 7.06 as follows:
    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)
    Sec. 4.01. The Office and all attorneys employed thereby
may represent the People of the State of Illinois on appeal in
all cases which emanate from a county containing less than
3,000,000 inhabitants, when requested to do so and at the
direction of the State's Attorney, otherwise responsible for
prosecuting the appeal, and may, with the advice and consent of
the State's Attorney prepare, file and argue such appellate
briefs in the Illinois Appellate Court and, when requested and
authorized to do so by the Attorney General, in the Illinois
Supreme Court. The Office may also assist County State's
Attorneys in the discharge of their duties under the Illinois
Controlled Substances Act, the Cannabis Control Act, the
Methamphetamine Control and Community Protection Act, the Drug
Asset Forfeiture Procedure Act, the Narcotics Profit
Forfeiture Act, and the Illinois Public Labor Relations Act,
including negotiations conducted on behalf of a county or
pursuant to an intergovernmental agreement as well as in the
trial and appeal of said cases and of tax objections, and the
counties which use services relating to labor relations shall
reimburse the Office on pro-rated shares as determined by the
board based upon the population and number of labor relations
cases of the participating counties. In addition, the Office
and all attorneys employed by the Office may also assist
State's Attorneys in the discharge of their duties in the
prosecution, and trial, or hearing on post-conviction of other
cases when requested to do so by, and at the direction of, the
State's Attorney otherwise responsible for the case. In
addition, the Office and all attorneys employed by the Office
may act as Special Prosecutor if duly appointed to do so by a
court having jurisdiction. To be effective, the order
appointing the Office or its attorneys as Special Prosecutor
must (i) identify the case and its subject matter and (ii)
state that the Special Prosecutor serves at the pleasure of the
Attorney General, who may substitute himself or herself as the
Special Prosecutor when, in his or her judgment, the interest
of the people of the State so requires. Within 5 days after
receiving a copy of an order from the court appointing the
Office or any of its attorneys as a Special Prosecutor, the
Office must forward a copy of the order to the Springfield
office of the Attorney General.
(Source: P.A. 94-556, eff. 9-11-05.)
    (725 ILCS 210/7.06)  (from Ch. 14, par. 207.06)
    Sec. 7.06. (a) The Director may contract for such hire no
more than 0 investigators to provide investigative services in
criminal cases and tax objection cases for staff counsel and
county state's attorneys. Investigators may be authorized by
the board to carry tear gas gun projectors or bombs, pistols,
revolvers, stun guns, tasers or other firearms.
    Subject to the qualifications set forth below,
investigators shall be peace officers and shall have all the
powers possessed by policemen in cities and by sheriffs;
provided, that investigators shall exercise such powers
anywhere in the State only after contact and in cooperation
with the appropriate local law enforcement agencies.
    No investigator shall have peace officer status or exercise
police powers unless he or she successfully completes the basic
police training course mandated and approved by the Illinois
Law Enforcement Training Standards Board or such board waives
the training requirement by reason of the investigator's prior
law enforcement experience or training or both.
    The board shall not waive the training requirement unless
the investigator has had a minimum of 5 years experience as a
sworn officer of a local, state or federal law enforcement
agency, 2 of which shall have been in an investigatory
    (b) The Director must authorize to each investigator
employed under this Section and to any other employee of the
Office exercising the powers of a peace officer a distinct
badge that, on its face, (i) clearly states that the badge is
authorized by the Office and (ii) contains a unique identifying
number. No other badge shall be authorized by the Office.
(Source: P.A. 96-900, eff. 5-28-10.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2012