Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3327 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3327 Introduced 2/7/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 Amends the Counties Code. Removes a provision limiting a special investigator appointed by a State's Attorney to carrying a firearm only in the performance of the special investigator's assigned duties (currently, a special investigator shall not carry firearms except with permission of the State's Attorney and only while carrying appropriate identification indicating the special investigator's employment and in the performance of the special investigator's assigned duties). LRB103 36459 AWJ 66562 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3327 Introduced 2/7/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 Amends the Counties Code. Removes a provision limiting a special investigator appointed by a State's Attorney to carrying a firearm only in the performance of the special investigator's assigned duties (currently, a special investigator shall not carry firearms except with permission of the State's Attorney and only while carrying appropriate identification indicating the special investigator's employment and in the performance of the special investigator's assigned duties). LRB103 36459 AWJ 66562 b LRB103 36459 AWJ 66562 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3327 Introduced 2/7/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
4	4	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
5	5	Amends the Counties Code. Removes a provision limiting a special investigator appointed by a State's Attorney to carrying a firearm only in the performance of the special investigator's assigned duties (currently, a special investigator shall not carry firearms except with permission of the State's Attorney and only while carrying appropriate identification indicating the special investigator's employment and in the performance of the special investigator's assigned duties).
6	6	LRB103 36459 AWJ 66562 b LRB103 36459 AWJ 66562 b
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8	8	A BILL FOR
9	9	SB3327LRB103 36459 AWJ 66562 b SB3327 LRB103 36459 AWJ 66562 b
10	10	SB3327 LRB103 36459 AWJ 66562 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Counties Code is amended by changing
15	15	5 Section 3-9005 as follows:
16	16	6 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
17	17	7 Sec. 3-9005. Powers and duties of State's Attorney.
18	18	8 (a) The duty of each State's Attorney shall be:
19	19	9 (1) To commence and prosecute all actions, suits,
20	20	10 indictments and prosecutions, civil and criminal, in the
21	21	11 circuit court for the county, in which the people of the
22	22	12 State or county may be concerned.
23	23	13 (2) To prosecute all forfeited bonds and
24	24	14 recognizances, and all actions and proceedings for the
25	25	15 recovery of debts, revenues, moneys, fines, penalties and
26	26	16 forfeitures accruing to the State or the county, or to any
27	27	17 school district or road district in the county; also, to
28	28	18 prosecute all suits in the county against railroad or
29	29	19 transportation companies, which may be prosecuted in the
30	30	20 name of the People of the State of Illinois.
31	31	21 (3) To commence and prosecute all actions and
32	32	22 proceedings brought by any county officer in the county
33	33	23 officer's official capacity.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3327 Introduced 2/7/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
38	38	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
39	39	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
40	40	Amends the Counties Code. Removes a provision limiting a special investigator appointed by a State's Attorney to carrying a firearm only in the performance of the special investigator's assigned duties (currently, a special investigator shall not carry firearms except with permission of the State's Attorney and only while carrying appropriate identification indicating the special investigator's employment and in the performance of the special investigator's assigned duties).
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42	42	LRB103 36459 AWJ 66562 b
43	43	A BILL FOR
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49	49	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
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68	68	1 (4) To defend all actions and proceedings brought
69	69	2 against the county, or against any county or State
70	70	3 officer, in the county or State officer's official
71	71	4 capacity, within the county.
72	72	5 (5) To attend the examination of all persons brought
73	73	6 before any judge on habeas corpus, when the prosecution is
74	74	7 in the county.
75	75	8 (6) To attend before judges and prosecute charges of
76	76	9 felony or misdemeanor, for which the offender is required
77	77	10 to be recognized to appear before the circuit court, when
78	78	11 in the State's Attorney's power so to do.
79	79	12 (7) To give the State's Attorney's opinion, without
80	80	13 fee or reward, to any county officer in the county, upon
81	81	14 any question or law relating to any criminal or other
82	82	15 matter, in which the people or the county may be
83	83	16 concerned.
84	84	17 (8) To assist the Attorney General whenever it may be
85	85	18 necessary, and in cases of appeal from the county to the
86	86	19 Supreme Court, to which it is the duty of the Attorney
87	87	20 General to attend, the State's Attorney shall furnish the
88	88	21 Attorney General at least 10 days before such is due to be
89	89	22 filed, a manuscript of a proposed statement, brief and
90	90	23 argument to be printed and filed on behalf of the people,
91	91	24 prepared in accordance with the rules of the Supreme
92	92	25 Court. However, if such brief, argument or other document
93	93	26 is due to be filed by law or order of court within this
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104	104	1 10-day period, then the State's Attorney shall furnish
105	105	2 such as soon as may be reasonable.
106	106	3 (9) To pay all moneys received by the State's Attorney
107	107	4 in trust, without delay, to the officer who by law is
108	108	5 entitled to the custody thereof.
109	109	6 (10) To notify, by first class mail, complaining
110	110	7 witnesses of the ultimate disposition of the cases arising
111	111	8 from an indictment or an information.
112	112	9 (11) To perform such other and further duties as may,
113	113	10 from time to time, be enjoined on the State's Attorney by
114	114	11 law.
115	115	12 (12) To appear in all proceedings by collectors of
116	116	13 taxes against delinquent taxpayers for judgments to sell
117	117	14 real estate, and see that all the necessary preliminary
118	118	15 steps have been legally taken to make the judgment legal
119	119	16 and binding.
120	120	17 (13) To notify, by first-class mail, the State
121	121	18 Superintendent of Education, the applicable regional
122	122	19 superintendent of schools, and the superintendent of the
123	123	20 employing school district or the chief school
124	124	21 administrator of the employing nonpublic school, if any,
125	125	22 upon the conviction of any individual known to possess a
126	126	23 certificate or license issued pursuant to Article 21 or
127	127	24 21B, respectively, of the School Code of any offense set
128	128	25 forth in Section 21B-80 of the School Code or any other
129	129	26 felony conviction, providing the name of the certificate
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140	140	1 holder, the fact of the conviction, and the name and
141	141	2 location of the court where the conviction occurred. The
142	142	3 certificate holder must also be contemporaneously sent a
143	143	4 copy of the notice.
144	144	5 (b) The State's Attorney of each county shall have
145	145	6 authority to appoint one or more special investigators to
146	146	7 serve subpoenas and summonses, make return of process, and
147	147	8 conduct investigations which assist the State's Attorney in
148	148	9 the performance of the State's Attorney duties. In counties of
149	149	10 the first and second class, the fees for service of subpoenas
150	150	11 and summonses are allowed by this Section and shall be
151	151	12 consistent with those set forth in Section 4-5001 of this Act,
152	152	13 except when increased by county ordinance as provided for in
153	153	14 Section 4-5001. In counties of the third class, the fees for
154	154	15 service of subpoenas and summonses are allowed by this Section
155	155	16 and shall be consistent with those set forth in Section
156	156	17 4-12001 of this Act. A special investigator shall not carry
157	157	18 firearms except with permission of the State's Attorney and
158	158	19 only while carrying appropriate identification indicating the
159	159	20 special investigator's employment and in the performance of
160	160	21 the special investigator's assigned duties.
161	161	22 Subject to the qualifications set forth in this
162	162	23 subsection, special investigators shall be peace officers and
163	163	24 shall have all the powers possessed by investigators under the
164	164	25 State's Attorneys Appellate Prosecutor's Act.
165	165	26 No special investigator employed by the State's Attorney
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176	176	1 shall have peace officer status or exercise police powers
177	177	2 unless the special investigator successfully completes the
178	178	3 basic police training course mandated and approved by the
179	179	4 Illinois Law Enforcement Training Standards Board or such
180	180	5 board waives the training requirement by reason of the special
181	181	6 investigator's prior law enforcement experience or training or
182	182	7 both. Any State's Attorney appointing a special investigator
183	183	8 shall consult with all affected local police agencies, to the
184	184	9 extent consistent with the public interest, if the special
185	185	10 investigator is assigned to areas within that agency's
186	186	11 jurisdiction.
187	187	12 Before a person is appointed as a special investigator,
188	188	13 the person's fingerprints shall be taken and transmitted to
189	189	14 the Department of State Police. The Department shall examine
190	190	15 its records and submit to the State's Attorney of the county in
191	191	16 which the investigator seeks appointment any conviction
192	192	17 information concerning the person on file with the Department.
193	193	18 No person shall be appointed as a special investigator if the
194	194	19 person has been convicted of a felony or other offense
195	195	20 involving moral turpitude. A special investigator shall be
196	196	21 paid a salary and be reimbursed for actual expenses incurred
197	197	22 in performing the special investigator's assigned duties. The
198	198	23 county board shall approve the salary and actual expenses and
199	199	24 appropriate the salary and expenses in the manner prescribed
200	200	25 by law or ordinance.
201	201	26 (c) The State's Attorney may request and receive from
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212	212	1 employers, labor unions, telephone companies, and utility
213	213	2 companies location information concerning putative fathers and
214	214	3 noncustodial parents for the purpose of establishing a child's
215	215	4 paternity or establishing, enforcing, or modifying a child
216	216	5 support obligation. In this subsection, "location information"
217	217	6 means information about (i) the physical whereabouts of a
218	218	7 putative father or noncustodial parent, (ii) the putative
219	219	8 father or noncustodial parent's employer, or (iii) the salary,
220	220	9 wages, and other compensation paid and the health insurance
221	221	10 coverage provided to the putative father or noncustodial
222	222	11 parent by the employer of the putative father or noncustodial
223	223	12 parent or by a labor union of which the putative father or
224	224	13 noncustodial parent is a member.
225	225	14 (d) (Blank).
226	226	15 (e) The State's Attorney shall have the authority to enter
227	227	16 into a written agreement with the Department of Revenue for
228	228	17 pursuit of civil liability under subsection (E) of Section
229	229	18 17-1 of the Criminal Code of 2012 against persons who have
230	230	19 issued to the Department checks or other orders in violation
231	231	20 of the provisions of paragraph (1) of subsection (B) of
232	232	21 Section 17-1 of the Criminal Code of 2012, with the Department
233	233	22 to retain the amount owing upon the dishonored check or order
234	234	23 along with the dishonored check fee imposed under the Uniform
235	235	24 Penalty and Interest Act, with the balance of damages, fees,
236	236	25 and costs collected under subsection (E) of Section 17-1 of
237	237	26 the Criminal Code of 2012 or under Section 17-1a of that Code
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