Bill Text: IL HB5749 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the State's Attorneys Appellate Prosecutor's Act. Provides that the Office of the State's Attorneys Appellate Prosecutor and all attorneys employed by the Office may also assist State's Attorneys in the discharge of their duties on hearings in post-conviction proceedings. Provides that the Director of the Office of the State's Attorneys Appellate Prosecutor may contract for such investigators (rather than 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. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-1012 [HB5749 Detail]
Download: Illinois-2011-HB5749-Chaptered.html
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| Public Act 097-1012 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State's Attorneys Appellate Prosecutor's | ||||
Act is amended by changing Sections 4.01 and 7.06 as follows:
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(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
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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
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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,
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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
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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
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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.
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(Source: P.A. 94-556, eff. 9-11-05.)
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(725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
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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
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the board to carry tear gas gun projectors or bombs, pistols, | ||
revolvers,
stun guns, tasers or other firearms.
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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.
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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.
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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 | ||
capacity.
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(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
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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.
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(Source: P.A. 96-900, eff. 5-28-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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