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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4656

Introduced 2/3/2026, by Rep. Jennifer Sanalitro

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.
LRB104 17400 RLC 30825 b

A BILL FOR

HB4656
LRB104 17400 RLC 30825 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Counties Code is amended by changing
5
Section 3-9005 as follows:

6

(55 ILCS 5/3-9005)

(from Ch. 34, par. 3-9005)
7

Sec. 3-9005.
Powers and duties of State's Attorney.
8

(a) The duty of each State's Attorney shall be:
9

(1) To commence and prosecute all actions, suits,
10

indictments and prosecutions, civil and criminal, in the
11

circuit court for the county, in which the people of the
12

State or county may be concerned.
13

(2) To prosecute all forfeited bonds and
14

recognizances, and all actions and proceedings for the
15

recovery of debts, revenues, moneys, fines, penalties and
16

forfeitures accruing to the State or the county, or to any
17

school district or road district in the county; also, to
18

prosecute all suits in the county against railroad or
19

transportation companies, which may be prosecuted in the
20

name of the People of the State of Illinois.
21

(3) To commence and prosecute all actions and
22

proceedings brought by any county officer in the county
23

officer's official capacity.

HB4656
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LRB104 17400 RLC 30825 b
1

(4) To defend all actions and proceedings brought
2

against the county, or against any county or State
3

officer, in the county or State officer's official
4

capacity, within the county.
5

(5) To attend the examination of all persons brought
6

before any judge on habeas corpus, when the prosecution is
7

in the county.
8

(6) To attend before judges and prosecute charges of
9

felony or misdemeanor, for which the offender is required
10

to be recognized to appear before the circuit court, when
11

in the State's Attorney's power so to do.
12

(7) To give the State's Attorney's opinion, without
13

fee or reward, to any county officer in the county, upon
14

any question or law relating to any criminal or other
15

matter, in which the people or the county may be
16

concerned.
17

(8) To assist the Attorney General whenever it may be
18

necessary, and in cases of appeal from the county to the
19

Supreme Court, to which it is the duty of the Attorney
20

General to attend, the State's Attorney shall furnish the
21

Attorney General at least 10 days before such is due to be
22

filed, a manuscript of a proposed statement, brief and
23

argument to be printed and filed on behalf of the people,
24

prepared in accordance with the rules of the Supreme
25

Court. However, if such brief, argument or other document
26

is due to be filed by law or order of court within this

HB4656
- 3 -
LRB104 17400 RLC 30825 b
1

10-day period, then the State's Attorney shall furnish
2

such as soon as may be reasonable.
3

(9) To pay all moneys received by the State's Attorney
4

in trust, without delay, to the officer who by law is
5

entitled to the custody thereof.
6

(10) To notify, by first class mail, complaining
7

witnesses of the ultimate disposition of the cases arising
8

from an indictment or an information.
9

(11) To perform such other and further duties as may,
10

from time to time, be enjoined on the State's Attorney by
11

law.
12

(12) To appear in all proceedings by collectors of
13

taxes against delinquent taxpayers for judgments to sell
14

real estate, and see that all the necessary preliminary
15

steps have been legally taken to make the judgment legal
16

and binding.
17

(13) To notify, by first-class mail, the State
18

Superintendent of Education, the applicable regional
19

superintendent of schools, and the superintendent of the
20

employing school district or the chief school
21

administrator of the employing nonpublic school, if any,
22

upon the conviction of any individual known to possess a
23

certificate or license issued pursuant to Article 21 or
24

21B, respectively, of the School Code of any offense set
25

forth in Section 21B-80 of the School Code or any other
26

felony conviction, providing the name of the certificate

HB4656
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LRB104 17400 RLC 30825 b
1

holder, the fact of the conviction, and the name and
2

location of the court where the conviction occurred. The
3

certificate holder must also be contemporaneously sent a
4

copy of the notice.
5

(b) The State's Attorney of each county shall have
6
authority to appoint one or more special investigators to
7
serve subpoenas and summonses, make return of process, and
8
conduct investigations which assist the State's Attorney in
9
the performance of the State's Attorney duties. In counties of
10
the first and second class, the fees for service of subpoenas
11
and summonses are allowed by this Section and shall be
12
consistent with those set forth in Section 4-5001 of this Act,
13
except when increased by county ordinance as provided for in
14
Section 4-5001. In counties of the third class, the fees for
15
service of subpoenas and summonses are allowed by this Section
16
and shall be consistent with those set forth in Section
17
4-12001 of this Act. A special investigator shall not carry
18
firearms except with permission of the State's Attorney and
19
only while carrying appropriate identification indicating the
20
special investigator's employment
and in the performance of
21
the special investigator's assigned duties
.
22

Subject to the qualifications set forth in this
23
subsection, special investigators shall be peace officers and
24
shall have all the powers possessed by investigators under the
25
State's Attorneys Appellate Prosecutor's Act.
26

No special investigator employed by the State's Attorney

HB4656
- 5 -
LRB104 17400 RLC 30825 b
1
shall have peace officer status or exercise police powers
2
unless the special investigator successfully completes the
3
basic police training course mandated and approved by the
4
Illinois Law Enforcement Training Standards Board or such
5
board waives the training requirement by reason of the special
6
investigator's prior law enforcement experience or training or
7
both. Any State's Attorney appointing a special investigator
8
shall consult with all affected local police agencies, to the
9
extent consistent with the public interest, if the special
10
investigator is assigned to areas within that agency's
11
jurisdiction.
12

Before a person is appointed as a special investigator,
13
the person's fingerprints shall be taken and transmitted to
14
the Department of State Police. The Department shall examine
15
its records and submit to the State's Attorney of the county in
16
which the investigator seeks appointment any conviction
17
information concerning the person on file with the Department.
18
No person shall be appointed as a special investigator if the
19
person has been convicted of a felony or other offense
20
involving moral turpitude. A special investigator shall be
21
paid a salary and be reimbursed for actual expenses incurred
22
in performing the special investigator's assigned duties. The
23
county board shall approve the salary and actual expenses and
24
appropriate the salary and expenses in the manner prescribed
25
by law or ordinance.
26

(c) The State's Attorney may request and receive from

HB4656
- 6 -
LRB104 17400 RLC 30825 b
1
employers, labor unions, telephone companies, and utility
2
companies location information concerning putative fathers and
3
noncustodial parents for the purpose of establishing a child's
4
paternity or establishing, enforcing, or modifying a child
5
support obligation. In this subsection, "location information"
6
means information about (i) the physical whereabouts of a
7
putative father or noncustodial parent, (ii) the putative
8
father or noncustodial parent's employer, or (iii) the salary,
9
wages, and other compensation paid and the health insurance
10
coverage provided to the putative father or noncustodial
11
parent by the employer of the putative father or noncustodial
12
parent or by a labor union of which the putative father or
13
noncustodial parent is a member.
14

(d) (Blank).
15

(e) The State's Attorney shall have the authority to enter
16
into a written agreement with the Department of Revenue for
17
pursuit of civil liability under subsection (E) of Section
18
17-1 of the Criminal Code of 2012 against persons who have
19
issued to the Department checks or other orders in violation
20
of the provisions of paragraph (1) of subsection (B) of
21
Section 17-1 of the Criminal Code of 2012, with the Department
22
to retain the amount owing upon the dishonored check or order
23
along with the dishonored check fee imposed under the Uniform
24
Penalty and Interest Act, with the balance of damages, fees,
25
and costs collected under subsection (E) of Section 17-1 of
26
the Criminal Code of 2012 or under Section 17-1a of that Code

HB4656
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LRB104 17400 RLC 30825 b
1
to be retained by the State's Attorney. The agreement shall
2
not affect the allocation of fines and costs imposed in any
3
criminal prosecution.
4

(f) In a county with less than 2,000,000 inhabitants, and
5
only upon receipt of a written request by the superintendent
6
of the county Veterans Assistance Commission for the county in
7
which the State's Attorney is located, the State's Attorney
8
shall have the discretionary authority to render an opinion,
9
without fee or reward, upon any question of law relating to a
10
matter in which the county Veterans Assistance Commission may
11
be concerned. The State's Attorney shall have the discretion
12
to grant or decline such a request.
13
(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)

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