Article 3 - Officers And Employees

(55 ILCS 5/Art. 3 heading)

ARTICLE 3.
OFFICERS AND EMPLOYEES

(55 ILCS 5/Div. 3-1 heading)

Division 3-1.
Auditor

(55 ILCS 5/3-1001) (from Ch. 34, par. 3-1001)

Sec. 3-1001.
Auditors in counties of 75,000 to 3,000,000.
In all
counties containing less than 3,000,000 and over 75,000 inhabitants by the
last federal census, there is created the office of county auditor, whose
term of office shall be 4 years and until his successor is elected and
qualified. The nomination and election shall be subject to the general
election laws of the State. Each county auditor shall take office the first
day of the month following the month of his election on which the office of
the county auditor is required, by statute or by action of the county
board, to be open. The qualifications and oath of office shall be the same
as apply to other county officers. Each county auditor shall, before
entering upon the duties of the office, give bond (or, if the county is
self-insured, the county through its self-insurance program may provide
bonding) in such penalty and with such security as the county board deems
sufficient, which bond shall be substantially in the form required by law to be
given by the county clerk. Such bond shall be filed with the county clerk on or
before the day the county auditor takes office. In case of a vacancy in the
office of county auditor caused by death, resignation, or removal from office,
the vacancy shall be filled as provided for filling vacancies of other county
offices. If the auditor is temporarily unable to perform his or her duties for
any reason, the deputy auditor, if there is one, shall assume the duties of the
auditor until the auditor is able to resume his or her duties or until a
replacement for the auditor is chosen.

(Source: P.A. 87-401; 88-387.)

(55 ILCS 5/3-1002) (from Ch. 34, par. 3-1002)

Sec. 3-1002.
Auditors in counties of 75,000 population or less.
In counties of 75,000 population or less, as determined by the
last federal census preceding the date of appointment, the presiding
officer of the county board with the advice and consent of the county board
may appoint and employ a county auditor whose term of office shall be 4
years and until a successor is appointed and qualified. Every county
auditor appointed pursuant to the provisions of this Section shall hold
office until the first Tuesday of May, 1961, and until a successor is
appointed and qualified. A successor shall be appointed and take office
on the first Tuesday of May, 1961, and every 4 years thereafter, for a term
of 4 years and until another successor is appointed and qualified. The
qualifications and oath of office of such county auditor shall be the same
as apply to other county officers. Each county auditor shall, before
entering upon the duties of the office, give bond in such penalty and with
such security as the county board shall deem sufficient, which bond shall
be substantially in the form required by law to be given by the county
clerk. Said bond shall be filed with the county clerk on or before the date
the county auditor enters into the duties of the office. In case of a
vacancy in the office of county auditor caused by death, resignation, or
removal from office, the vacancy shall be filled by appointment by the
presiding officer of the county board with the advice and consent of the
county board. If the auditor is temporarily unable to perform his or her
duties for any reason, the deputy auditor, if there is one, shall assume
the duties of the auditor until the auditor is able to resume his or her
duties or until a replacement for the auditor is chosen.

(Source: P.A. 86-962; 87-401.)

(55 ILCS 5/3-1003) (from Ch. 34, par. 3-1003)

Sec. 3-1003.
Commissions.
Every county auditor whose office is
established under Section 3-1001 shall be commissioned by the Governor. No
commission shall issue except upon the certification by the county clerk of
the appropriate county that the county auditor was duly elected or
appointed, and that such county auditor has filed the bond and taken the
oath of office as heretofore provided.

(Source: P.A. 86-962.)

(55 ILCS 5/3-1004) (from Ch. 34, par. 3-1004)

Sec. 3-1004.
Internal operations of office.
The county auditor shall
control the internal operations of the office and procure equipment,
materials and services necessary to perform the duties of the office,
subject to the budgetary limitations established by the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-1005) (from Ch. 34, par. 3-1005)

Sec. 3-1005.
Duties of auditor.
The duties of the county auditor
shall be to:

(a) Audit all claims against the county, and recommend to the county
board the payment or rejection of all claims presented.

(b) Collect, analyze and preserve statistical and financial
information with respect to the cost of operation of the various
institutions and facilities maintained, operated or owned by the county.

(c) Approve all orders for supplies issued by the various county
officers, before the orders are to be placed with the parties to whom the
same are to be given.

(d) Maintain a file of all contracts entered into by the county board
and all authorized county officers, for or on behalf of the county.

(e) Report quarterly to the county board the entire financial operations
of the county including revenues anticipated and received, expenditures
estimated and paid, obligations unpaid, the condition of all funds and
appropriations and other pertinent information. The county auditor shall
cause to be published in at least one newspaper of general circulation in
the county, a notice of the availability of the quarterly report for public
inspection in the office of the county auditor. Such notice shall be
published within 30 days of the date of the scheduled release of the report.

(f) Audit the receipts of all county officers and departments presented
for deposit with the county treasurer.

(g) Maintain a continuous internal audit of the operations and financial
records of the officers, agents or divisions of the county. The county
auditor shall have access to all records, documents, and resources
necessary for the discharge of this responsibility.

(h) Audit the inventory of all real and personal property
owned by the county under the control and management of the various
officers and departments of the county.

(i) Audit the documentation, records, and bases for the amounts billed
to the county, as maintained by county vendors, under agreements between
the county and its vendors, when those agreements provide that the amounts
billed to the county are based upon actual costs incurred by the vendor, or
when those agreements include the requirement that the county provide a
reimbursement for out-of-pocket costs incurred by the vendors. The county
auditor shall audit the documentation, records, and bases for the amounts
required to be paid to the county under agreements with outside parties,
when those amounts are based upon records and documentation generated,
compiled, and maintained by the outside party. The vendors and outside
parties affected by this Section shall provide to the county auditor, on a
timely basis, all records and documents required by the county auditor
relative to the county auditor’s duties under this subsection.

(Source: P.A. 86-962; 86-1358.)

(55 ILCS 5/3-1006) (from Ch. 34, par. 3-1006)

Sec. 3-1006.
Additional duties in counties of 275,000 or less.
In counties of 275,000 population or less, as determined by the last
federal decennial census, the county auditor, in addition to the duties
prescribed in Section 3-1005, shall:

(a) Be the general accountant of the county and keep its general accounts.

(b) Devise and install a system of financial records in the offices and
divisions of the county, to be followed in such offices and divisions.
Such a system shall be suitable to the needs of the office and in
accordance with generally accepted principles of accounting for
governmental bodies.

(Source: P.A. 86-962.)

(55 ILCS 5/3-1007) (from Ch. 34, par. 3-1007)

Sec. 3-1007.
Deputies and employees.
The county auditor shall appoint
deputies and employees. The deputies shall take and subscribe the same
oath of office as is required of other county officers. Any such oath shall
be filed with the county clerk and entered of record by such clerk.
Compensation of deputies and employees not otherwise provided for by law
shall be fixed by the county auditor subject to budgetary limitations
established by the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-1008) (from Ch. 34, par. 3-1008)

Sec. 3-1008.
Continuing education.
Each county auditor shall obtain
at least 20 hours of continuing professional education related to the
operation of the auditor’s office each year. Reasonable expenses incurred
by the auditor in obtaining that education shall be reimbursed by the county.

(Source: P.A. 86-1358.)

(55 ILCS 5/Div. 3-2 heading)

Division 3-2.
Clerk

(55 ILCS 5/3-2001) (from Ch. 34, par. 3-2001)

Sec. 3-2001. Election of county clerk. In all counties there shall be
an elected county clerk who shall hold office until the clerk’s successor is
qualified. The functions and powers of the county clerks shall be uniform
in the various counties of this State. The clerk shall enter upon the duties of
the clerk’s office on the first day in the month of December following the clerk’s election
on which the office of the county clerk is required, by statute or by
action of the county board, to be open.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2002) (from Ch. 34, par. 3-2002)

Sec. 3-2002. Oath. Each county clerk, before entering upon the duties
of the clerk’s office, shall take and subscribe to the oath or affirmation
prescribed by Section 3, Article XIII of the Constitution which shall be
entered at large upon the records of the clerk’s office.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2003) (from Ch. 34, par. 3-2003)

Sec. 3-2003.
Functions, powers and duties of clerk.
The county clerk
shall have those functions, powers and duties as provided in the Sections
following this Section and preceding Section 3-2004.

(Source: P.A. 86-962.)

(55 ILCS 5/3-2003.1) (from Ch. 34, par. 3-2003.1)

Sec. 3-2003.1. Appointment of deputies, assistants and personnel. The county clerk shall appoint deputies, assistants and personnel to
assist in the performance of the clerk’s duties.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2003.2) (from Ch. 34, par. 3-2003.2)

Sec. 3-2003.2. Internal operations of office. The county clerk shall
have the right to control the internal operations of the clerk’s office and to procure
necessary equipment, materials and services to perform the duties of the clerk’s
office.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2003.3) (from Ch. 34, par. 3-2003.3)

Sec. 3-2003.3. Monthly report of financial status. The county clerk
shall file a monthly report summarizing the financial status of the clerk’s office
in such form as shall be determined by the county board.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2003.4) (from Ch. 34, par. 3-2003.4)

Sec. 3-2003.4. Deposit of fee income; special funds. The county clerk shall deposit in the office of the county treasurer
monthly by the 10th day of the month following, all fee income. The county
clerk may maintain the following special funds from which the county board
shall authorize payments by voucher between board meetings:

(a) Overpayments.
(b) Reasonable amount needed during the succeeding accounting period to pay office expenses, postage, freight, express or similar charges.
(c) Excess earnings from the sale of revenue stamps to be maintained in a fund to be used for the purchase of additional stamps from the Illinois Department of Revenue.
(d) Fund to pay necessary travel, dues and other expenses incurred in attending workshops, educational seminars and organizational meetings established for the purpose of providing in-service training.
(e) Trust funds, for tax redemptions, or for such other purposes as may be provided for by law.
(f) Such other funds as may be authorized by the county board.

The county clerk shall make accounting monthly to the county board of
all special funds maintained by the clerk in the discharge of the clerk’s duties.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2003.5) (from Ch. 34, par. 3-2003.5)

Sec. 3-2003.5.
Compensation of deputies and employees.
Compensation of deputies and employees shall be fixed by the county
clerk subject to budgetary limitations established by the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-2004) (from Ch. 34, par. 3-2004)

Sec. 3-2004.
Prompt payment.
Purchases made pursuant to this Division
shall be made in compliance with the “Local Government Prompt Payment Act”.

(Source: P.A. 86-962.)

(55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)

Sec. 3-2005. Bond. Each county clerk shall, before entering
upon the duties of the clerk’s office, give bond (or, if the county is
self-insured, the county through its self-insurance program may provide
bonding) in such penalty and with such security as the county board shall deem
sufficient, which bond shall be substantially in the following form, and shall
be recorded in full in the records of the clerk’s office, and when so recorded
shall be deposited with the clerk of the circuit court for safe keeping:

We, (A B) principal, and (C D) and (E F), sureties, all of the county of
…. and State of Illinois, are obligated to the People of the State of
Illinois, in the penal sum of $…., for the payment of which, we obligate
ourselves, each of us, our heirs, executors and administrators.

The condition of the above bond is such, that if the above obligated (A B)
shall perform all the duties which are or may be required by law to be
performed by the county clerk of the county of …. in the time and
manner prescribed or to be prescribed by law, and when the clerk is
succeeded in office, shall surrender and deliver over to the clerk’s
successor in office all books, papers, moneys, and other things belonging
to the county, and appertaining to the clerk’s office, then the above bond
to be void; otherwise to remain in full force.

Dated (insert date).

Signed and delivered in the presence of (G H).

Signature A B,
Signature C D,
Signature E F.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2006) (from Ch. 34, par. 3-2006)

Sec. 3-2006.
Commission.
County clerks shall be commissioned
by the governor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)

Sec. 3-2007. Office quarters and hours; violation. The county clerk shall keep the clerk’s office at the court house of
the county, or at such other place as may be provided for the clerk by the
authorities of such county seat and shall keep the office open and
attend to the duties thereof:

(a) In counties of 500,000 or more population from 9 a. m. to 5 p. m. of each working day except Saturday afternoons and legal holidays, but the clerk may open the office at 8 a. m. on each working day:
(b) In counties of less than 500,000 population from 8 a. m. to 5 p. m. of each working day except Saturdays and legal holidays, but in such counties the office shall remain open until noon the Saturday before general, primary or special election days.

Provided, that the days on which such office shall be open and the
hours of opening and closing of the office of the county clerk may be
changed and otherwise fixed and determined by the county board of any
county. Any such action taken by the county board shall be by an
appropriate resolution passed at a regular meeting.

Notwithstanding any other provision of this Section, when any
election is held and the results of such election
are required by law to be returned to the county clerk, the office of
the county clerk shall remain open for the purpose of receiving such
results from the time of opening of the polls until the returns from
each precinct have been received.

Any county clerk who fails to keep the clerk’s office open for the purpose of
receiving election returns as required by this Section commits a
business offense, and shall be fined not less than $500 nor more than
$5,000.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2008) (from Ch. 34, par. 3-2008)

Sec. 3-2008. Seal. The county clerk shall be keeper of the seal of the county,
which shall be used by the clerk in all cases where the clerk is required to use an
official seal.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2009) (from Ch. 34, par. 3-2009)

Sec. 3-2009. Deputies. The county clerk shall appoint a chief deputy and may
appoint additional deputies, who shall take and subscribe the same oath for
the discharge of their duties as is required of the county clerk, which
shall be entered of record in the clerk’s office.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2010) (from Ch. 34, par. 3-2010)

Sec. 3-2010. Responsibility. The principal clerk shall in all cases be
responsible for the acts of the principal clerk’s deputies. Whenever a vacancy occurs in the
office of the county clerk in any county, including counties with a
population of less than 60,000 inhabitants, the chief deputy clerk shall
perform all the duties appertaining to the office of county clerk until the
successor of such clerk is elected or appointed and qualified as provided
in Section 3-2011.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2011) (from Ch. 34, par. 3-2011)

Sec. 3-2011.
Vacancies; military service.
Whenever a vacancy occurs
in the office of any county clerk and the unexpired term exceeds one year,
the vacancy shall be filled as provided by The Election Code by appointment
of a clerk pro tempore, who shall qualify by giving bond and taking the
oath as required of the county clerk, and shall thereupon perform all the
duties and be entitled to all the emoluments and be subject to all the
penalties appertaining to the office of county clerk until the successor of
such clerk is elected or appointed and qualified; Provided, that in case
the county clerk is called into the active military service of the United
States, the appointee shall perform and discharge all the duties of the
county clerk during the time such county clerk is in the active military
service of the United States, and such county clerk so appointed shall
possess all the powers and discharge all the duties of a regularly elected
county clerk under the laws of this State, and shall be paid the same
compensation as provided by law for the county clerk of that county,
apportioned as to the time of service, and such appointment and all
authority thereunder shall cease upon the discharge of the said county
clerk from such active military service of the United States; and provided
further, that the office of county clerk shall not be deemed to be vacant
during the time the said county clerk is in the active military service of
the United States.

(Source: P.A. 86-962.)

(55 ILCS 5/3-2012) (from Ch. 34, par. 3-2012)

Sec. 3-2012. Custody of records; public inspection. The county
clerk shall have the care and custody of all the records, books and papers
appertaining to and filed or deposited in the clerk’s offices, and the
same, except as otherwise provided in the Vital Records Act, shall be
open to the inspection of all persons without reward.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2013) (from Ch. 34, par. 3-2013)

Sec. 3-2013. General duties of clerk. Subject to the provisions of
the Local Records Act, the duties of the county clerk shall be-

1st. To act as clerk of the county board of the county and to keep an accurate record of the proceedings of said board, file and preserve all bills of account acted upon by the board, and when any account is allowed or disallowed, the clerk shall note that fact thereon, and when a part of any account is allowed, the clerk shall note particularly the items allowed.
2nd. To keep a book in which the clerk shall enter the number, date and amount of each order upon the county treasurer, and the name of the person in whose favor the same is drawn, and when such order is canceled, the clerk shall note the date of cancellation opposite such entry.
3rd. Before any such order is delivered to the person for whose benefit it is drawn, the county clerk shall present the same to the county treasurer, who shall personally countersign the same.
4th. To keep a book, in which shall be entered in alphabetical order, by name of the principal, a minute of all official bonds filed in the clerk’s office, giving the name of the office, amount and date of bond, names of sureties and date of filing, with such reference to the number or other designation of the bond, that the same may be easily found.
5th. To keep proper alphabetical indexes of all records and papers in the clerk’s office.
6th. To give any person requiring the same, and paying the lawful fees therefor, a copy of any record, paper or account in the clerk’s office.
7th. Such other duties as are or may be required by law.

(Source: P.A. 101-253, eff. 8-9-19.)

(55 ILCS 5/3-2014)

Sec. 3-2014. Local government and school district registry. Within 60 days following the creation or dissolution of a unit of local government or school district, each county clerk shall provide to the Comptroller information for the registry required under Section 23.7 of the State Comptroller Act in a manner prescribed by the Comptroller.

(Source: P.A. 101-34, eff. 6-28-19.)

(55 ILCS 5/Div. 3-3 heading)

Division 3-3.
Coroner

(55 ILCS 5/3-3001) (from Ch. 34, par. 3-3001)

Sec. 3-3001. Commission; training; duties performed by other county officer.

(a) Every coroner 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 the coroner and
that the coroner has filed his or her bond and taken the oath of office as
provided in this Division.

(b)(1) Within 30 days of assuming office, a coroner elected to that office
for the first time shall apply for admission to the Coroner Training Board coroners training program. Completion of the training
program shall be within 6 months of application. Any coroner may direct the
chief deputy coroner or a deputy coroner, or both, to attend the training
program, provided the coroner has completed the training program. Satisfactory
completion of the program shall be evidenced by a certificate issued to the
coroner by the Coroner Training Board. All coroners
shall complete the training program at least once while serving as coroner.

(2) In developing the coroner training program, the Coroner Training Board shall consult with the
Illinois Coroners and Medical Examiners Association or other organization as approved by the Coroner Training Board.

(3) The Coroner Training Board shall notify the
proper county board of the failure by a coroner to successfully complete this
training program.

(d) In all counties that provide by resolution for the elimination of
the office of coroner pursuant to a referendum, the resolution may also
provide, as part of the same proposition, that the duties of the coroner be
taken over by another county officer specified by the resolution and
proposition.

(Source: P.A. 99-408, eff. 1-1-16.)

(55 ILCS 5/3-3002) (from Ch. 34, par. 3-3002)

Sec. 3-3002.
Commencement of duties.
The coroner shall enter upon the
duties of his office on the first day of the month of December following
his election on which the coroner’s office is required, by statute or by
action of the county board, to be open.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3003) (from Ch. 34, par. 3-3003)

Sec. 3-3003.
Duties of coroner.
The county coroner shall control the
internal operations of his office. Subject to the applicable county
appropriation ordinance, the coroner shall procure necessary equipment,
materials, supplies and services to perform the duties of the office.
Compensation of deputies and employees shall be fixed by the coroner,
subject to budgetary limitations established by the county board.
Purchases of equipment 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 5/3-3004) (from Ch. 34, par. 3-3004)

Sec. 3-3004.
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 $5,000, which shall cover both the coroner and any
deputies, payable to the People of the State of Illinois, conditioned that each
will faithfully discharge all the duties required or to be required of him by
law as such coroner, deputy coroner or as sheriff of the county, in case he or
she shall act as such. The bond shall be entered of record in the court and
filed in the office of the county clerk of his or her county. The costs of the
bond shall be paid by the county.

(Source: P.A. 88-387.)

(55 ILCS 5/3-3005) (from Ch. 34, par. 3-3005)

Sec. 3-3005.
Oath.
He shall also, before entering upon the duties of
his office, take and subscribe the oath or affirmation prescribed by
Section 3, Article XIII of the Constitution which shall be filed in the
office of the county clerk of his county.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3006) (from Ch. 34, par. 3-3006)

Sec. 3-3006.
Copies of bond as evidence.
Copies of such bond,
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. 86-961.)

(55 ILCS 5/3-3007) (from Ch. 34, par. 3-3007)

Sec. 3-3007.
Conservator of the peace.
Each coroner shall be
conservator of the peace in his county, and, in the performance of his
duties as such, shall have the same powers as the sheriff.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3008) (from Ch. 34, par. 3-3008)

Sec. 3-3008.
Coroner to act when sheriff prejudiced.
When it appears from the papers in a case that the sheriff
or his deputy is a party thereto, or from affidavit filed that
he is interested therein, or is of kin, or partial to or prejudiced
against either party, the summons, execution or other process may
be directed to the coroner, who shall perform all the duties in
relation thereto, and attend to the suit in like manner as if he
were sheriff; and the interests, consanguinity, partiality or
prejudice of the sheriff shall not be cause for a change of venue.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3009) (from Ch. 34, par. 3-3009)

Sec. 3-3009.
Deputy coroner’s, sheriff’s or police officer’s performance
of coroner’s
duties. If there is no coroner, or it shall appear in like manner that he or she
is also a party to or interested in the suit, or of kin, or partial to or
prejudiced against either party, or the coroner has an economic or personal interest that conflicts with his or her official duties as coroner, the coroner shall disqualify himself or herself from acting at an investigation or inquest and process shall in like manner issue to the
deputy coroner if designated by the coroner to fill the vacancy, or, if no
designation is
made, to any
sheriff, sheriff’s deputy or police officer, in the county, who shall
perform like duties as required of the coroner.
The designation shall be in writing and filed with the county clerk.

(Source: P.A. 98-812, eff. 8-1-14.)

(55 ILCS 5/3-3010) (from Ch. 34, par. 3-3010)

Sec. 3-3010.

Deputy sheriff, undersheriff, or coroner to act when
sheriff’s office vacant. Where the
office of the sheriff is vacant, the chief deputy sheriff or undersheriff if
designated by the sheriff to fill the vacancy, or, if no designation is made,
the coroner of the county shall perform
all the duties required by law to be performed by the sheriff, and have the
same powers, and be liable to the same penalties and proceedings as if he
were sheriff, until another sheriff is elected or appointed and qualified.
The designation shall be in writing and filed with the county clerk.

(Source: P.A. 91-633, eff. 12-1-99.)

(55 ILCS 5/3-3011) (from Ch. 34, par. 3-3011)

Sec. 3-3011.
Classification of counties.
For the purposes of this
Division, counties of more than 1,000,000 population shall be designated as
Class I counties, and counties of not more than 1,000,000 population as
Class II counties.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3012) (from Ch. 34, par. 3-3012)

Sec. 3-3012.
In-service training expenses.
The county coroner may
maintain a special fund, from which the county board shall authorize
payments by voucher between board meetings, to pay necessary travel dues
and other expenses incurred in attending workshops, educational seminars
and organizational meetings for the purpose of providing in-service training.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)

(Text of Section before amendment by P.A. 102-982)

Sec. 3-3013. Preliminary investigations; blood and urine analysis;
summoning jury; reports. Every coroner, whenever, as soon as he knows or is
informed that the dead body of any person is found, or lying within his
county, whose death is suspected of being:

(a) A sudden or violent death, whether apparently suicidal, homicidal or accidental, including but not limited to deaths apparently caused or contributed to by thermal, traumatic, chemical, electrical or radiational injury, or a complication of any of them, or by drowning or suffocation, or as a result of domestic violence as defined in the Illinois Domestic Violence Act of 1986;
(b) A death due to a
sex crime;
(c) A death where the circumstances are suspicious, obscure, mysterious or otherwise unexplained or where, in the written opinion of the attending physician, the cause of death is not determined;
(d) A death where addiction to alcohol or to any drug may have been a contributory cause; or
(e) A death where the decedent was not attended by a licensed physician;
shall go to the place where the dead body is, and take charge of the
same and shall make a preliminary investigation into the circumstances
of the death. In the case of death without attendance by a licensed
physician the body may be moved with the coroner’s consent from the
place of death to a mortuary in the same county. Coroners in their
discretion shall notify such physician as is designated in accordance
with Section 3-3014 to attempt to ascertain the cause of death, either by
autopsy or otherwise.

In cases of accidental death involving a motor vehicle in which the
decedent was (1) the operator or a suspected operator of a motor
vehicle, or (2) a pedestrian 16 years of age or older, the coroner shall
require that a blood specimen of at least 30 cc., and if medically
possible a urine specimen of at least 30 cc. or as much as possible up
to 30 cc., be withdrawn from the body of the decedent in a timely fashion after

the accident causing his death, by such physician as has been designated
in accordance with Section 3-3014, or by the coroner or deputy coroner or
a qualified person designated by such physician, coroner, or deputy coroner. If the county
does not maintain laboratory facilities for making such analysis, the
blood and urine so drawn shall be sent to the Illinois State Police or any other accredited or State-certified laboratory
for analysis of the alcohol, carbon monoxide, and dangerous or
narcotic drug content of such blood and urine specimens. Each specimen
submitted shall be accompanied by pertinent information concerning the
decedent upon a form prescribed by such laboratory. Any
person drawing blood and urine and any person making any examination of
the blood and urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred or
imposed.

In all other cases coming within the jurisdiction of the coroner and
referred to in subparagraphs (a) through (e) above, blood, and whenever
possible, urine samples shall be analyzed for the presence of alcohol
and other drugs. When the coroner suspects that drugs may have been
involved in the death, either directly or indirectly, a toxicological
examination shall be performed which may include analyses of blood, urine,
bile, gastric contents and other tissues. When the coroner suspects
a death is due to toxic substances, other than drugs, the coroner shall
consult with the toxicologist prior to collection of samples. Information
submitted to the toxicologist shall include information as to height,
weight, age, sex and race of the decedent as well as medical history,
medications used by and the manner of death of decedent.

When the coroner or medical examiner finds that the cause of death is due to homicidal means, the coroner or medical examiner shall cause blood and buccal specimens (tissue may be submitted if no uncontaminated blood or buccal specimen can be obtained), whenever possible, to be withdrawn from the body of the decedent in a timely fashion. For proper preservation of the specimens, collected blood and buccal specimens shall be dried and tissue specimens shall be frozen if available equipment exists. As soon as possible, but no later than 30 days after the collection of the specimens, the coroner or medical examiner shall release those specimens to the police agency responsible for investigating the death. As soon as possible, but no later than 30 days after the receipt from the coroner or medical examiner, the police agency shall submit the specimens using the agency case number to a National DNA Index System (NDIS) participating laboratory within this State, such as the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. The results of the analysis and categorizing into genetic marker groupings shall be provided to the Illinois State Police and shall be maintained by the Illinois State Police in the State central repository in the same manner, and subject to the same conditions, as provided in Section 5-4-3 of the Unified Code of Corrections. The requirements of this paragraph are in addition to any other findings, specimens, or information that the coroner or medical examiner is required to provide during the conduct of a criminal investigation.

In all counties, in cases of apparent
suicide, homicide, or accidental death or in other cases, within the
discretion of the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The summons shall
command these persons to present themselves personally at such a place and
time as the coroner shall determine, and may be in any form which the
coroner shall determine and may incorporate any reasonable form of request
for acknowledgment which the coroner deems practical and provides a
reliable proof of service. The summons may be served by first class mail.
From the 8 persons so summoned, the coroner shall select 6 to serve as the
jury for the inquest. Inquests may be continued from time
to time, as the coroner may deem necessary. The 6 jurors selected in
a given case may view the body of the deceased.
If at any continuation of an inquest one or more of the original jurors
shall be unable to continue to serve, the coroner shall fill the vacancy or
vacancies. A juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of compensation
that is paid to petit or grand jurors in the county. The coroner shall
furnish to each juror without fee at the time of his discharge a
certificate of the number of days in attendance at an inquest, and, upon
being presented with such certificate, the county treasurer shall pay to
the juror the sum provided for his services.

In counties which have a jury commission, in cases of apparent suicide or
homicide or of accidental death, the coroner may conduct an inquest. The jury commission shall provide
at least 8 jurors to the coroner, from whom the coroner shall select any 6
to serve as the jury for the inquest. Inquests may be continued from time
to time as the coroner may deem necessary. The 6 jurors originally chosen
in a given case may view the body of the deceased. If at any continuation
of an inquest one or more of the 6 jurors originally chosen shall be unable
to continue to serve, the coroner shall fill the vacancy or vacancies. At
the coroner’s discretion, additional jurors to fill such vacancies shall be
supplied by the jury commission. A juror serving pursuant to this
paragraph in such county shall receive compensation from the county at the
same rate as the rate of compensation that is paid to petit or grand jurors
in the county.

In every case in which a fire is determined to be
a
contributing factor in a death, the coroner shall report the death to the
Office of the State Fire Marshal. The coroner shall provide a copy of the death certificate (i) within 30 days after filing the permanent death certificate and (ii) in a manner that is agreed upon by the coroner and the State Fire Marshal.

In every case in which a drug overdose is determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health. The Department of Public Health shall adopt rules regarding specific information that must be reported in the event of such a death. If possible, the coroner shall report the cause of the overdose. As used in this Section, “overdose” has the same meaning as it does in Section 414 of the Illinois Controlled Substances Act. The Department of Public Health shall issue a semiannual report to the General Assembly summarizing the reports received. The Department shall also provide on its website a monthly report of overdose death figures organized by location, age, and any other factors, the Department deems appropriate.

In addition, in every case in which domestic violence is determined to be
a
contributing factor in a death, the coroner shall report the death to the
Illinois State Police.

All deaths in State institutions and all deaths of wards of the State or youth in care as defined in Section 4d of the Children and Family Services Act in
private care facilities or in programs funded by the Department of Human
Services under its powers relating to mental health and developmental
disabilities or alcoholism and substance
abuse or funded by the Department of Children and Family Services shall
be reported to the coroner of the county in which the facility is
located. If the coroner has reason to believe that an investigation is
needed to determine whether the death was caused by maltreatment or
negligent care of the ward of the State or youth in care as defined in Section 4d of the Children and Family Services Act, the coroner may conduct a
preliminary investigation of the circumstances of such death as in cases of
death under circumstances set forth in paragraphs (a) through (e) of this
Section.

(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21.)

(Text of Section after amendment by P.A. 102-982)

(a) A sudden or violent death, whether apparently suicidal, homicidal or accidental, including but not limited to deaths apparently caused or contributed to by thermal, traumatic, chemical, electrical or radiational injury, or a complication of any of them, or by drowning or suffocation, or as a result of domestic violence as defined in the Illinois Domestic Violence Act of 1986;
(b) A death due to a
sex crime;
(c) A death where the circumstances are suspicious, obscure, mysterious or otherwise unexplained or where, in the written opinion of the attending physician, the cause of death is not determined;
(d) A death where addiction to alcohol or to any drug may have been a contributory cause; or
(e) A death where the decedent was not attended by a licensed physician;
shall go to the place where the dead body is, and take charge of the
same and shall make a preliminary investigation into the circumstances
of the death. In the case of death without attendance by a licensed
physician the body may be moved with the coroner’s consent from the
place of death to a mortuary in the same county. Coroners in their
discretion shall notify such physician as is designated in accordance
with Section 3-3014 to attempt to ascertain the cause of death, either by
autopsy or otherwise.

the crash causing his death, by such physician as has been designated
in accordance with Section 3-3014, or by the coroner or deputy coroner or
a qualified person designated by such physician, coroner, or deputy coroner. If the county
does not maintain laboratory facilities for making such analysis, the
blood and urine so drawn shall be sent to the Illinois State Police or any other accredited or State-certified laboratory
for analysis of the alcohol, carbon monoxide, and dangerous or
narcotic drug content of such blood and urine specimens. Each specimen
submitted shall be accompanied by pertinent information concerning the
decedent upon a form prescribed by such laboratory. Any
person drawing blood and urine and any person making any examination of
the blood and urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred or
imposed.

In addition, in every case in which domestic violence is determined to be
a
contributing factor in a death, the coroner shall report the death to the
Illinois State Police.

(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)

(55 ILCS 5/3-3014) (from Ch. 34, par. 3-3014)

Sec. 3-3014.

Autopsy to be performed by licensed physician; costs;
reports. Any medical examination or autopsy conducted pursuant to this
Division shall be performed by a physician duly licensed to practice
medicine in all of its branches, and wherever possible by one having
special training in pathology. In Class I counties, medical
examinations or autopsies (including those performed on exhumed bodies)
shall be performed by physicians appointed or designated by the coroner,
and in Class II counties by physicians appointed or designated by the
Director of Public Health upon the recommendation of the advisory board on
necropsy service to coroners after the board has consulted with the elected
coroner. Any autopsy performed by a physician so appointed or designated
shall be deemed lawful. The cost of all autopsies, medical examinations,
laboratory fees, if any, and travel expenses of the examining physician and
the costs of exhuming a body under the authority of subsection (c) of
Section 3-3015 shall be payable from the general fund of the county where
the body is found. The examining physician shall file copies of the reports
or results of his or her autopsies and medical examinations with the
coroner and also with the Department of Public Health.

No coroner may perform any autopsy required or authorized by law
unless the coroner is a pathologist whose services are requested by the
coroner of another county.

(Source: P.A. 86-962; 87-317.)

(55 ILCS 5/3-3015) (from Ch. 34, par. 3-3015)

Sec. 3-3015.
Circumstances under which autopsy to be performed.

(a) Where a death has occurred and the circumstances concerning
the death are suspicious, obscure, mysterious, or otherwise unexplained
and in the opinion of the examining physician or the coroner the cause of
death cannot be established definitely except by autopsy, and where a death
has occurred while being pursued, apprehended, or taken into custody by or
while in the custody of any law enforcement agency, it is declared that the
public interest requires that an autopsy be performed, and it shall be the
duty and responsibility of the coroner to cause an autopsy to be performed,
including the taking of x-rays and the performance
of other medical tests as the coroner deems appropriate.

(b) The coroner shall instruct involved parties that embalming of the body
is not to be conducted until the toxicology samples are drawn.
If a child dies from suspicious or unexplained
circumstances, the coroner shall secure the services of a pathologist. The
Department of Public Health shall provide coroners and pathologists with a
child death autopsy protocol.

(c) If the coroner determines it advisable to exhume a body for the
purpose of investigation or autopsy or both, and the coroner would have
been authorized under this Section to perform an investigation or autopsy
on the body before it was interred, the coroner may exhume the body after
consulting on the matter with the state’s attorney and upon the order of
the circuit court directing the exhumation upon the petition of the state’s attorney.

(Source: P.A. 86-962; 87-317; 87-419; 87-895.)

(55 ILCS 5/3-3016) (from Ch. 34, par. 3-3016)

Sec. 3-3016. Sudden unexpected infant death and sudden infant death syndrome. Where an infant
under one year of age has died suddenly and unexpectedly and the
circumstances concerning the death are unexplained following investigation, an autopsy shall be
performed by a physician licensed to practice medicine in all of its
branches who has special training in pathology. When an autopsy is
conducted under this Section, the parents or guardian of the child shall
receive a preliminary report of the autopsy within 5 days of the infant’s
death. All suspected sudden unexpected infant death and sudden infant death syndrome cases shall be reported
to the Statewide Sudden Unexpected Infant Death Program within 72 hours.

Death certificates shall list the cause of death as sudden unexpected infant death or sudden infant death syndrome where this finding is medically justified pursuant to the rules
and regulations of the Department of Public Health. Copies of death
certificates which list the cause of death of infants under one year of age
as sudden unexpected infant death or sudden infant death syndrome shall be forwarded to the Department of
Public Health within 30 days of the death with a report which shall include
an autopsy report, epidemiological data required by the Department and
other pertinent data.

(Source: P.A. 101-338, eff. 1-1-20.)

(55 ILCS 5/3-3016.5)

Sec. 3-3016.5. Sudden, unexpected death in epilepsy (SUDEP).

(a) All autopsies conducted in this State shall include an inquiry to determine whether the death was a direct result of a seizure or epilepsy. If the findings in an autopsy of a medical examiner, examining physician, or coroner are consistent with known or suspected sudden, unexpected death in epilepsy (SUDEP), then the medical examiner, examining physician, or coroner shall:

(1) cause to be indicated on the death certificate that SUDEP is the cause or suspected cause of death; and
(2) forward a copy of the death certificate to the North American SUDEP Registry at the Langone Medical Center at New York University within 30 days.

(b) For the purposes of this Section, “sudden, unexpected death in epilepsy” refers to a death in a patient previously diagnosed with epilepsy that is not due to trauma, drowning, status epilepticus, or other known causes, but for which there is often evidence of an associated seizure. A finding of sudden, unexpected death in epilepsy is definite when clinical criteria are met and autopsy reveals no alternative cause of death, such as stroke, myocardial infarction, or drug intoxication, although there may be evidence of a seizure.

(Source: P.A. 98-340, eff. 1-1-14; 98-756, eff. 7-16-14.)

(55 ILCS 5/3-3017) (from Ch. 34, par. 3-3017)

Sec. 3-3017.
Cremation.
In any death where the remains are to
be cremated, it shall be the duty of the funeral director or person having
custody of the dead body to obtain from the coroner a permit to cremate the
body. The coroner’s permit to cremate shall be presented to the local
registrar in applying for the Permit for Disposition of Dead Human Body
provided for in Section 21 of the Vital Records Act, and the local
registrar shall attach the coroner’s permit to cremate to the Permit for
Disposition of Dead Human Body which is issued. No crematory shall cremate
a dead human body unless a Permit for Disposition of Dead Human Body with
an attached coroner’s permit to cremate has been furnished to authorize
the cremation.

(Source: P.A. 86-962; 86-1028; 87-895.)

(55 ILCS 5/3-3018) (from Ch. 34, par. 3-3018)

Sec. 3-3018.
Death certificates.
Every coroner, as soon as he shall
have completed his investigation of the cause and circumstances of any
death coming within his jurisdiction hereunder, shall issue a death
certificate on the form prescribed by law.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3019) (from Ch. 34, par. 3-3019)

Sec. 3-3019.
Removal of bodies; violation.
No dead body
which may be subject to the terms of this Division, or the
personal property of such a deceased person, shall be handled,
moved, disturbed, embalmed or removed from the place of death by
any person, except with the permission of the coroner, unless the
same shall be necessary to protect such body or property from
damage or destruction, or unless necessary to protect life, safety,
or health. Any person knowingly violating the provisions of this
Section is guilty of a Class A misdemeanor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3020) (from Ch. 34, par. 3-3020)

Sec. 3-3020.
Coroner to be notified; violation.
Every law enforcement official, funeral director, ambulance attendant,
hospital director or administrator or person having custody of the body of
a deceased person, where the death is one subject to investigation under
Section 3-3013, and any physician in attendance upon such a
decedent at the time of his death, shall notify the coroner promptly. Any
such person failing to so notify the coroner promptly shall be guilty of a
Class A misdemeanor, unless such person has reasonable cause to believe
that the coroner had already been so notified.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3021) (from Ch. 34, par. 3-3021)

Sec. 3-3021.
Public policy; release of body to next of kin.
As a guide to the interpretation and application of this Division it is
declared that the public policy of the State is as follows:

That as soon as may be consistent with the performance of his duties
under this Division the coroner shall release the body of the
decedent to the decedent’s next of kin, personal representative, friends,
or to the person designated in writing by the decedent or to the funeral
director selected by such persons, as the case may be, for burial, and none
of the duties or powers of coroners enumerated in this Division
shall be construed to interfere with or control the right of such persons
to the custody and burial of the decedent upon completion of the coroner’s
investigation.

Nothing herein shall be construed to preclude the coroner from
consulting with the decedent’s next of kin, personal representative,
friends or the person designated in writing by the decedent where the
decedent was under treatment by prayer or spiritual means alone in
accordance with the tenets and practice of a well recognized church or
religious denomination in making his preliminary investigation under
subsection (E) of Section 3-3013, nor shall anything herein contained be
construed to require an autopsy by reason of the sole fact that the
decedent was under treatment by prayer or spiritual means alone.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3022) (from Ch. 34, par. 3-3022)

Sec. 3-3022.
Bystanders.
If a sufficient number of jurors so
summoned do not attend, the coroner may summon others from among the
bystanders to make up the jury.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3023) (from Ch. 34, par. 3-3023)

Sec. 3-3023.
Penalties against jurors.
Whoever, being so summoned as
a juror, fails or refuses, without good cause, to attend at the time and
place required, or appearing, refuses to act as such juror or misbehaves
while acting as such juror, shall be guilty of a petty offense and be fined
not less than $3 nor more than $20.

Any fine collected under this Section shall be paid over to
the county treasurer and deposited into the general fund of the
county.

(Source: P.A. 86-962; 86-1028.)

(55 ILCS 5/3-3024) (from Ch. 34, par. 3-3024)

Sec. 3-3024.
Oath of jurors.
When the jury are assembled, the
coroner shall appoint one of the number as foreman, and administer to him
an oath or affirmation, in the following form, to-wit:

You, as foreman to this inquest, do solemnly swear (or affirm, as the
case may require), that you will diligently inquire, and true
presentment make, how, and in what manner, and by whom or what, the body
which lies dead, came to its death; and that you will deliver to
me, the coroner of this county, a true inquest thereof, according to
such evidence as shall be given you, and according to the best of your
knowledge and belief; so help you God.

And to the other jurors, one as follows, to-wit:

The same oath which A B, your foreman has just now taken on his part,
you and each of you do solemnly swear (or affirm, as the case may
require), to keep on your respective parts; so help you God.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3025) (from Ch. 34, par. 3-3025)

Sec. 3-3025.
Verdict of jury.
It shall be the duty of the jurors, as
sworn aforesaid, to inquire how, in what manner, and by whom or what, the
said dead body came to its death, and of all other facts of and concerning
the same, together with all material circumstances in anywise related to or
connected with the said death, and make up and sign a verdict, and deliver
the same to the coroner. As part of its verdict, the jury may make
recommendations other than for criminal prosecutions.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3026) (from Ch. 34, par. 3-3026)

Sec. 3-3026.
Summoning witnesses; subpoenas.
The coroner shall
have power to summon, or cause to be summoned, and compel the attendance of
all such witnesses whose testimony may probably be requisite to the proving
of any fact or circumstance relating to the object of such his inquest, and
to administer to such witnesses the proper oath.

If the coroner is unable to secure records or documents he deems necessary
to complete the investigation required by Section 3-3013, or for the
establishing or proving of any fact or circumstance relating to the object
of his inquest, he shall appear before the circuit judge of the county for
which he is coroner and, upon good cause shown, said judge shall issue a
subpoena for the delivery to the coroner of the documents or records requested.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3027) (from Ch. 34, par. 3-3027)

Sec. 3-3027.
Notice of inquest.
The coroner shall make a reasonable
attempt to notify the family of the deceased, and all known eyewitnesses to
the death, of the date an inquest is to be held. Such notice shall be given
at least 7 days before the date of the inquest. Such family members or
eyewitnesses shall, if they request it, be given an opportunity to testify
at the inquest. For purposes of this Section, “family” includes the
parents, children, brothers and sisters of the deceased.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3028) (from Ch. 34, par. 3-3028)

Sec. 3-3028.
Recognizance of witness.
If the evidence of any witness
implicates any person as the unlawful slayer of the person over whom the
inquest is held, the coroner shall recognize such witness in such sum as he
may think proper, to be and appear at the Circuit Court for the county on a
designated day, within 30 days from the date of the recognizance, or as
soon after such designated day as the court is in session, there to give
evidence of the matter in question, and not depart without leave.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3029) (from Ch. 34, par. 3-3029)

Sec. 3-3029.
Commitment of witness; returns.
If any witness shall
refuse to enter into such recognizance, it shall be the duty of the coroner
to commit the witness so refusing to the common jail of the county, there
to remain until discharged according to law; and the coroner shall
carefully seal up and return to the clerk of the court the verdict of the
jury, and the recognizances, and it shall be the duty of the clerk to
carefully file and preserve the same.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3030) (from Ch. 34, par. 3-3030)

Sec. 3-3030.
Representation of witnesses by counsel.
Any witness
appearing at the inquest shall have the right to be represented by counsel.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3031) (from Ch. 34, par. 3-3031)

Sec. 3-3031.

Testimony reduced to writing; coroner’s verdict not
admissible in civil suit. The coroner shall cause the testimony of
each witness who may be sworn and examined at any inquest to be written out
and signed by said witness, together with his occupation and place of
residence, which testimony shall be filed with said coroner in his office
and carefully preserved: Provided, the coroner may cause the testimony of
such witnesses to be recorded or taken in shorthand minutes and transcribed
by a competent person, who shall certify that the transcript of the
evidence so taken and transcribed by him from notes or a recording is a
true and correct copy of the original minutes taken at said inquest and is
a true and correct statement of the testimony of each of the several
witnesses who have testified at said inquest. Which said transcript shall
be filed and carefully preserved in the office of the coroner: And,
provided, further, that whenever the testimony of the several witnesses at
such inquest shall have been recorded or taken in shorthand minutes and
transcribed as above provided for, the several witnesses shall not be
required to sign such transcript or other statement of his testimony.
Provided, further, that in any suit or proceeding hereafter commenced for
the recovery of damages arising from or growing out of injuries caused by
the negligence of any person, firm or corporation resulting in the death of
any person or for the collection of a policy of insurance, neither the
coroner’s verdict returned upon the inquisition as provided herein, nor a
copy thereof, shall be admissible as evidence to prove or establish any of
the facts in controversy in said civil suit or proceeding.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3032) (from Ch. 34, par. 3-3032)

Sec. 3-3032.
Inquest record.
Every coroner shall, at the expense of
the county, be supplied with proper record books wherein he shall enter the
name, if known, of each person upon whose body an inquest shall be held,
together with the names of the jurors comprising the jury, the names,
residences and occupations of the witnesses who are sworn and examined, and
the verdict of the jury; in case the name of the person deceased is not
known, the coroner shall make out a description of said person, and enter
the same upon the record book to be so kept by him, together with all such
facts and circumstances attending the death which may be known, and which
may lead to the identification of the person; and shall carefully take an
inventory of said person’s personal effects and property of every kind and
nature whatever, and state on his records what has been done with the same,
and where the proceeds of any such property and the money and papers, if
any, are deposited.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3033) (from Ch. 34, par. 3-3033)

Sec. 3-3033.
Disposition of property.
When any valuable personal
property, money or papers, are found upon or near the body which is the
subject of a coroner’s investigation, inquiry or inquest, the coroner shall
take charge of the same and deliver the same to those entitled to its care
or possession; but if not claimed, or if the same shall be necessary to
defray the expenses of the burial, the coroner shall, after giving 10 days’
notice of the time and place of sale, sell such property, and after
deducting coroner’s fees and funeral expenses, deposit the proceeds
thereof, and the money and papers so found, with the county treasurer,
taking his receipt therefor, there to remain subject to the order of the
legal representatives of the deceased, if claimed within 5 years
thereafter, or if not claimed within that time, to vest in the county.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)

Sec. 3-3034. Disposition of body. After the inquest the coroner
may deliver the body or human remains of the deceased to the family of the deceased or, if there are no family members to accept the body or the remains, then to friends of the deceased, if there be any, but
if not, the coroner shall cause the body or the remains to be decently buried, cremated, or donated for medical science purposes, the expenses to be paid
from the property of the deceased, if there is sufficient, if not, by the
county. The coroner may not approve the cremation or donation of the body if it is necessary to preserve the body for law enforcement purposes. If the State Treasurer, pursuant to the Revised Uniform Unclaimed Property Act, delivers human remains to the coroner, the coroner shall cause the human remains to be disposed of as provided in this Section.
If the police department of any municipality or county investigates abandoned cremated remains, determines that they are human remains, and cannot locate the owner of the remains, then the police shall deliver the remains to the coroner, and the coroner shall cause the remains to be disposed of as provided in this Section.

(Source: P.A. 100-22, eff. 1-1-18.)

(55 ILCS 5/3-3035) (from Ch. 34, par. 3-3035)

Sec. 3-3035.
Liability of common carrier for burial expenses.
When
any railroad, common carrier, airline or any steamboat, barge, propeller or
other vessel engaged in whole or in part in carrying
passengers for hire, brings the dead body of any person into this State;
or, wherever any person dies upon any railroad car, airplane or any such
steamboat, barge, propeller or other vessel in this State, or any person is
killed by cars or machinery of any railroad company, or by accident
thereto, or by accident to or upon any such airplane, steamboat, barge,
propeller or other vessel, or by accident thereto, or when the death occurs
in or about any mine, mill or manufactory, and such death shall have been
caused by the wrongful act, neglect or default of any such railroad
company, common carrier, airline, steamboat, barge, propeller or other
vessel owner, or of the owner of any mine, mill or manufactory, the company
or person owning or operating such railroad cars, common carrier, airline,
machinery, barge, steamboat, propeller or other vessel, mine, mill or
manufactory, shall be liable to pay the expenses of the coroner’s inquest
upon and for the burial of the deceased, and the same may be recovered in
the name of the county, in any circuit court.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3036) (from Ch. 34, par. 3-3036)

Sec. 3-3036.
Arrest of slayer based on verdict.
If a person
implicated by the inquest as the unlawful slayer of the deceased or an
accessory thereto is not in custody therefor, the coroner acting upon the
signed verdict of his jury shall, in his capacity as conservator of the
peace, apprehend such person and immediately bring him before a judge of
the circuit court of his county to be dealt with according to law on a
criminal charge preferred on the basis of such verdict.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3037) (from Ch. 34, par. 3-3037)

Sec. 3-3037.
Embalming dead body.
No licensed embalmer or person
shall embalm the dead body of any person with, or inject therein, or place
thereon any fluid or preparation of any kind before obtaining permission
from the coroner where such body is the subject of a coroner’s inquest. Any
person who shall violate the provision of this Section commits a business
offense and shall be fined not exceeding $5,000.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3038) (from Ch. 34, par. 3-3038)

Sec. 3-3038.
Coroner in military service.
In case any coroner
is called into the active military service of the United States, the office
of coroner shall not be deemed to be vacant during the time such coroner is
in the active military service of the United States, but the presiding
officer of the county board of the county, with the advice and consent of
the county board, shall appoint some competent and qualified person to
perform and discharge the duties of coroner in such county during the time
such coroner is in the active military service of the United States, and
such person shall receive the same compensation as provided by law for the
coroner, apportioned as to the time of service, and such appointment and
all authority thereunder shall cease upon the discharge of such coroner
from the active military service of the United States. Such appointee shall
give a bond as required of regularly elected coroners.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3039) (from Ch. 34, par. 3-3039)

Sec. 3-3039.
Vacancy.
Whenever a vacancy occurs in the office of
coroner, that vacancy shall be filled as provided in The Election Code.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3040) (from Ch. 34, par. 3-3040)

Sec. 3-3040.
Appointment of deputies.
Each coroner may appoint
one or more deputies as the coroner, in his or her sole discretion,
determines necessary and appropriate, subject to county board appropriations.
The appointment shall be in writing and
signed by the coroner. A deputy’s compensation shall be
determined by
the county board.

(Source: P.A. 88-281.)

(55 ILCS 5/3-3041) (from Ch. 34, par. 3-3041)

Sec. 3-3041.
Oath of deputies.
Each deputy shall, before entering
upon the duties of his office take and subscribe an oath or affirmation, in
like form as required of coroners, which shall be filed in the office of
the county clerk.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042)

Sec. 3-3042.
Duties of deputies.
Deputy coroners, duly
appointed and qualified, may perform any and all of the duties of the
coroner
in the name of the coroner, and the acts of such deputies shall be held to
be acts of the coroner.

(Source: P.A. 91-357, eff. 7-29-99.)

(55 ILCS 5/3-3043) (from Ch. 34, par. 3-3043)

Sec. 3-3043.
Vacancy; appointed coroner.
When a permanent vacancy in
the office of coroner occurs and the position is an appointed one, the
county board shall fill the vacancy within 60 days from the time the
vacancy occurs. If the sheriff of the county is selected to perform the
duties of the coroner and the sheriff agrees to serve in that capacity, the
sheriff may be compensated for those duties. This compensation shall be in
addition to all other compensation received as sheriff. Any sheriff who is
serving as coroner before the effective date of this amendatory Act of 1991
must be reappointed in order to continue to serve as coroner and to receive
additional compensation under this Section.

(Source: P.A. 87-738.)

(55 ILCS 5/3-3044) (from Ch. 34, par. 3-3044)

Sec. 3-3044.
Abolition of office; performance of duties by another.

If the office of coroner has been abolished in a county by referendum and
the referendum did not provide for the performance, by another person, of
the duties previously performed by the coroner, the county board shall
select a person to perform the duties previously performed by the coroner.
The selection shall be made within 60 days after the referendum or within
60 days after the effective date of this amendatory Act of 1992, whichever is
later. If the sheriff of the county is selected to perform the duties
previously performed by the coroner and the sheriff agrees to perform those
duties, the sheriff may be compensated for performing those duties. This
compensation shall be in addition to all other compensation received in his or
her capacity as sheriff. If, before the effective date of this amendatory Act
of 1992, a county has abolished the office of coroner by a referendum that did
not provide for someone to perform the duties previously performed by the
coroner, and the sheriff of the county is performing those duties, the sheriff
must be reappointed by the county board under this Section in order to continue
to perform those duties and to receive the additional compensation authorized
under this Section.

(Source: P.A. 87-1141.)

(55 ILCS 5/3-3045)

Sec. 3-3045. Disposal of medications. A coroner or medical examiner may dispose of any unused medications found at the scene of a death the coroner or medical examiner is investigating under Section 18 of the Safe Pharmaceutical Disposal Act.

(Source: P.A. 99-648, eff. 1-1-17.)

(55 ILCS 5/Div. 3-4 heading)

Division 3-4.
Public Defender and Appointed Counsel

(55 ILCS 5/3-4000) (from Ch. 34, par. 3-4000)

Sec. 3-4000.
Legislative declaration.
The General Assembly recognizes
that quality legal representation in criminal and related proceedings is a
fundamental right of the people of the State of Illinois and that there
should be no distinction in the availability of quality legal
representation based upon a person’s inability to pay. Therefore, it is the
intent of the General Assembly to provide for effective county public
defender systems throughout the State and encourage the active and
substantial participation of the private bar in the representation of
indigent defendants.

(Source: P.A. 87-111.)

(55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1)

Sec. 3-4000.1.
Definitions.
In this Division, except when a particular
context clearly requires a different meaning, the following definitions apply:

“Board” means the county board of commissioners.

“President” means the president of the county board.

(Source: P.A. 87-111.)

(55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001)

Sec. 3-4001.
Public defender in counties over 35,000.
In each
county of this State containing 35,000 or more inhabitants
there is created the office of Public Defender and the person to be
appointed to such office shall be known as the Public Defender. No person
shall be eligible to or hold such office unless he is duly licensed as an
attorney and counsellor-at-law in this State.

(Source: P.A. 86-962.)

(55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002)

Sec. 3-4002.
Public defender in counties of less than 35,000.
In each county of this State containing less than 35,000
inhabitants, the county board may, by resolution, create the office of
Public Defender and the person appointed to such office shall be known as
the Public Defender. No person shall be eligible to or hold such office
unless he or she is duly licensed as an attorney at law in this State.

(Source: P.A. 86-962.)

(55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003)

Sec. 3-4003.
Public defender in adjoining counties.
Any 2 or
more adjoining counties of this State that are within
the same judicial circuit, may by joint resolution of the several county
boards involved, create a common office of Public Defender for the counties
so joined. The person appointed to such office shall be known as the Public
Defender. No person shall be eligible to or hold such office unless he or
she is duly licensed as an attorney at law in this State.

(Source: P.A. 86-962.)

(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)

Sec. 3-4004.
Appointment of Public Defender in counties under 1,000,000.
As soon as may be after this Division becomes applicable to a county with
a population under 1,000,000, the judges of the Circuit Court of the
circuit in which the county is located shall, by a majority
vote of the entire number of those judges, appoint to the
office of Public Defender a properly qualified person, who shall hold
office, his death or resignation not intervening, at the pleasure of the
judges competent to appoint. Whenever a vacancy occurs in the
office it shall be filled in the same manner, and the
person appointed to fill the vacancy shall have the same tenure of office.

(Source: P.A. 86-962; 87-111.)

(55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1)

Sec. 3-4004.1.
Appointment of Public Defender in counties over 1,000,000.
Whenever a vacancy shall occur in the position of Public Defender
in counties over 1,000,000, a properly qualified person shall be appointed
to the position by the President with the advice and consent of the Board.

(Source: P.A. 87-111.)

(55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)

Sec. 3-4004.2.

Qualifications of Public Defender and terms of
employment in counties over 1,000,000. In counties with a population over
1,000,000, the following qualifications and terms of employment shall apply:

(a) The president shall select as Public
Defender only a person with the following qualifications: an attorney whose
practice of law has clearly demonstrated experience in the representation
of persons accused of crime; who has been licensed to practice law in this
State or in another state for at least 5 years; who has had administrative
experience; and who is dedicated to the goals of providing high quality
representation for eligible persons and to improving the quality of defense
services generally.

(b) The Public Defender shall devote full time to the duties of the
public defender system and shall not otherwise engage in the practice of law.

(c) The Public Defender once approved by the Board shall serve for 6
years and may be removed by the President only for good cause or
dereliction of duty after notice and a hearing before the Board. The
effective date of this amendatory Act of 1991 shall be deemed the
commencement of the term of the current public defender.

(d) The Public Defender’s compensation shall be set at a level that is
commensurate with his qualifications and experience and professionally
appropriate with the responsibility of the position.
The Public Defender’s compensation shall be
comparable with that paid to circuit court judges, but in no event
shall be more than that of the State’s Attorney of the county.

(Source: P.A. 87-111.)

(55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005)

Sec. 3-4005.
Oath of office.
The person appointed as Public
Defender, before entering on the duties of his office, shall take and
subscribe an oath of office in writing before one of the judges competent
to appoint, which oath shall be filed in the office of the County Clerk.

(Source: P.A. 86-962.)

(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)

Sec. 3-4006. Duties of public defender. The Public Defender, as
directed by the court, shall act as attorney, without fee, before any court
within any county for all persons who are held in custody or who are
charged with the commission of any criminal offense, and who the court
finds are unable to employ counsel.

The Public Defender shall be the attorney, without fee, when so appointed
by the court under Section 1-5 of
the Juvenile Court Act of 1987.

In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county without a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent.

Every court shall, with the consent of the defendant and where the court
finds that the rights of the defendant would be prejudiced by the
appointment of the public defender, appoint counsel other than the public
defender, except as otherwise provided in Section 113-3 of the
“Code of Criminal Procedure of 1963”. That counsel shall be compensated
as is provided by law. He shall also, in the case of the conviction of
any such person, prosecute any proceeding in review which in his
judgment the interests of justice require.

In counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.

(Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.)

(55 ILCS 5/3-4006.1)

Sec. 3-4006.1. (Repealed).

(Source: P.A. 91-589, eff. 1-1-00. Repealed by P.A. 101-275, eff. 8-9-19.)

(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)

Sec. 3-4007. Compensation.

(a) The public defender
shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund as provided
in subsection (b), as the
sole compensation for his or her services a salary in an
amount
fixed by the County Board. When a Public Defender in a county of 30,000 or
more population
is receiving not less than 90% of the compensation of the State’s Attorney
of such county, that Public Defender shall not engage in the private
practice of law.

(b) The State must pay 66 2/3% of the public defender’s annual
salary. If the public defender is employed full-time in that capacity, his or
her salary must be at least 90% of that county’s State’s attorney’s annual
compensation. Subject to appropriation, these 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 each Public Defender is employed.

(c) In cases where 2 or more adjoining counties have joined
to form a common office of Public Defender, the salary of the Public
Defender shall be set and paid as provided by a joint resolution of the
various county boards involved.

(Source: P.A. 97-72, eff. 7-1-11.)

(55 ILCS 5/3-4008) (from Ch. 34, par. 3-4008)

Sec. 3-4008.
Assistants in counties under 1,000,000.
The Public
Defender in counties with a population under 1,000,000 shall have
power to appoint, in the manner directed by the
judges mentioned in Section 3-4004 the
number of assistants, all duly licensed practitioners, that those judges
deem necessary for the proper discharge of the
duties of the office, who shall serve at the pleasure of the Public
Defender. He shall also, in like manner, appoint the number of
clerks and other employees
necessary for the due transaction of the business of the office. The
compensation of the assistants, clerks and employees shall be
fixed by the County Board and paid out of the county treasury.

(Source: P.A. 86-962; 87-111.)

(55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1)

Sec. 3-4008.1.
Assistants in counties over 1,000,000.
The Public
Defender in counties with a population over 1,000,000 shall
appoint assistants, all duly licensed practitioners, as
that Public Defender shall deem necessary for the proper discharge of the
duties of the office,
who shall serve at the pleasure of the Public Defender. The Public Defender shall also, in
like manner, appoint clerks and other employees necessary for
the transaction of the business of the office. The compensation of and the
appropriate number of assistants, clerks, and employees shall be fixed by
the County Board and
paid out of the county treasury.

(Source: P.A. 87-111.)

(55 ILCS 5/3-4009) (from Ch. 34, par. 3-4009)

Sec. 3-4009.
Office quarters; expenses.
The County
Board shall provide suitable office quarters for the use
of the Public Defender, and shall pay out of the county treasury for
necessary office, travel and other expenses incurred in the defense of
cases. In counties of less than 500,000 population, such payment shall be
made after the circuit court of the county approves
such expenses as being necessary and proper. In cases where 2 or more
adjoining counties have joined to form a common office of Public Defender,
the expenses incurred under this Section shall be paid as provided for in a
joint resolution of the various county boards involved.

(Source: P.A. 86-962.)

(55 ILCS 5/3-4010) (from Ch. 34, par. 3-4010)

Sec. 3-4010. Records; reports in counties under 1,000,000. The
Public Defender in counties with a population under 1,000,000 shall keep a
record of the services rendered by him or her and prepare and file quarterly or monthly, as determined by the County Board, with
the County Board a written report of such services transmitting a copy of
such report to the clerk of the Circuit Court for the judges thereof. In
cases where 2 or more adjoining counties have joined to form a common
office of Public Defender, the Public Defender so appointed shall file his or her quarterly or
monthly report with each of the several county boards involved.

(Source: P.A. 99-774, eff. 8-12-16.)

(55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1)

Sec. 3-4010.1.
Records; reports in counties over 1,000,000.
The
public defender in counties with a population over 1,000,000 shall keep a
record of the services rendered by him and
prepare and file quarterly with the president a written report of those services.

(Source: P.A. 87-111.)

(55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)

Sec. 3-4011.

Expenses and legal services for indigent defendants
in felony cases. It shall be the duty of the county board in counties
containing fewer than 500,000 inhabitants to appropriate a sufficient sum
for the purpose of paying for the legal services necessarily rendered for
the defense of indigent persons in felony cases, and for costs, expenses
and legal services necessary in the prosecution of an appeal when the
sentence is death, which is to be paid upon the orders of a court of
competent jurisdiction. It shall likewise be the duty of the county board
in counties containing fewer than 500,000 inhabitants to appropriate a
sufficient sum for the payment of out of pocket expenses necessarily
incurred by appointed counsel in the prosecution of an appeal on behalf of
an indigent incarcerated defendant in felony cases. In such cases payment
shall be made upon the order of the reviewing court.

(Source: P.A. 86-962.)

(55 ILCS 5/3-4012)

Sec. 3-4012. (Repealed).

(Source: P.A. 97-673, eff. 6-1-12. Repealed by P.A. 100-987, eff. 7-1-19.)

(55 ILCS 5/3-4013)

(Section scheduled to be repealed on December 31, 2024)

Sec. 3-4013. Public Defender Quality Defense Task Force.

(a) The Public Defender Quality Defense Task Force is established to: (i) examine the current caseload and determine the optimal caseload for public defenders in the State; (ii) examine the quality of legal services being offered to defendants by public defenders of the State; (iii) make recommendations to improve the caseload of public defenders and quality of legal services offered by public defenders; and (iv) provide recommendations to the General Assembly and Governor on legislation to provide for an effective public defender system throughout the State and encourage the active and substantial participation of the private bar in the representation of accused people.

(b) The following members shall be appointed to the Task Force by the Governor no later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly:

(1) 2 assistant public defenders from the Office of the Cook County Public Defender.
(2) 5 public defenders or assistant public defenders from 5 counties other than Cook County.
(3) One Cook County circuit judge experienced in the litigation of criminal law matters.
(4) One circuit judge from outside of Cook County experienced in the litigation of criminal law matters.
(5) One representative from the Office of the State Appellate Defender.

Task Force members shall serve without compensation but may be reimbursed for their expenses incurred in performing their duties. If a vacancy occurs in the Task Force membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the Task Force.

(c) The Task Force shall hold a minimum of 2 public hearings. At the public hearings, the Task Force shall take testimony of public defenders, former criminal defendants represented by public defenders, and any other person the Task Force believes would aid the Task Force’s examination and recommendations under subsection (a). The Task may meet as such other times as it deems appropriate.

(d) The Office of the State Appellate Defender shall provide administrative and other support to the Task Force.

(e) The Task Force shall prepare a report that summarizes its work and makes recommendations resulting from its study. The Task Force shall submit the report of its findings and recommendations to the Governor and the General Assembly no later than December 31, 2023.

(f) This Section is repealed on December 31, 2024.

(Source: P.A. 102-430, eff. 8-20-21; 102-1104, eff. 12-6-22.)

(55 ILCS 5/3-4014)

Sec. 3-4014. Public defender grant program.

(a) Subject to appropriation, the Administrative Office of the Illinois Courts shall establish a grant
program for counties with a population of 3,000,000 or less for the purpose of training and hiring attorneys on contract to assist the
county public defender in pretrial detention hearings. The Administrative Office of the Illinois
Courts may establish, by rule, administrative procedures for the grant program, including application procedures and requirements concerning grant agreements, certifications, payment methodologies, and other
accountability measures that may be imposed upon participants in the program. Emergency rules may be adopted to implement the program in accordance with Section 5-45 of the Illinois Administrative Procedure Act.

(b) The Public Defender Fund is created as a special fund in the State treasury. All money in the Public Defender Fund shall be used, subject to appropriation, to provide funding to counties for public defenders and public defender services pursuant to this Section 3-4014.

(Source: P.A. 102-1104, eff. 12-6-22.)

(55 ILCS 5/Div. 3-5 heading)

Division 3-5.
Recorder

(55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)

Sec. 3-5001.
County clerk as recorder; election of recorder.
The county clerk in counties having a population of less than
60,000 inhabitants shall be the recorder in his county.

In counties having a population of 60,000 or more inhabitants, there
shall be elected a recorder, as provided by law, who shall hold
his office until his successor is qualified.

If the population of any county in which a recorder has been elected
decreases to less than 60,000, the voters of that county shall continue to
elect a recorder if the county board adopts a resolution to continue the
office of an elected recorder.

(Source: P.A. 86-962; 86-1028.)

(55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)

Sec. 3-5002.
Bond.
Every recorder, whether elected as such or
holding the office of recorder in addition to the office of county clerk as
hereinbefore provided, shall, before entering upon the duties of his or her
office, give bonds (or, if the county is self-insured, the county through its
self-insurance program may provide bonding), with sufficient security to be
approved by the circuit court, payable to the People of the State of Illinois,
in the penal sum of $10,000 (except that in counties having a population of
60,000 or more inhabitants the penalty of the bond shall be $20,000),
conditioned for the faithful discharge of his or her duties, and to deliver up
all papers, books, records and other things appertaining to his or her office,
whole, safe and undefaced, when lawfully required so to do – which bond shall
be filed in the office of the Secretary of State, and a copy thereof filed of
record in the court.

(Source: P.A. 88-387.)

(55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)

Sec. 3-5003.
Oath.
Each recorder, before entering upon the duties of
his office, shall take and subscribe to the oath or affirmation prescribed
by Section 3, Article XIII of the Constitution, which shall be filed with
the county clerk.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)

Sec. 3-5004.
Commencement of duties.
The recorder shall enter upon
the duties of his office on the first day in the month of December
following his election on which the office of the recorder is required, by
statute or by action of the county board, to be open. He shall be
commissioned by the Governor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)

Sec. 3-5005.
Functions, powers and duties of recorder.
The functions
and powers of the recorders shall be uniform in the various counties of
this State. The recorder has those functions, powers and duties as provided
in the Sections following this Section and preceding Section 3-5006.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)

Sec. 3-5005.1.
Appointment of deputies, assistants and personnel.
The recorder shall appoint his deputies, assistants and personnel to assist
him in the performance of his duties.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)

Sec. 3-5005.2.
Internal operations of office.
The recorder
shall have the right to control the internal
operations of his office; to procure necessary equipment, materials and
services to perform the duties of his office. The Recorder shall have the
right to select the computer or micrographic system to be used for document
storage and retrieval. The Recorder may retain the services of management
or consulting firms to establish or maintain such a system.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3)

Sec. 3-5005.3.
Monthly report of financial status.
The recorder
shall file a monthly report with the county clerk summarizing the financial
status of his office in such form as shall be determined by the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4)

Sec. 3-5005.4.
Deposit of fee income; special funds.
The recorder
shall deposit in the office of the county treasurer monthly by the 10th day
of the month following, all fee income. The recorder may maintain the
following special funds from which the county board shall authorize payment
by voucher between board meetings:

(a) Overpayments.

(b) Reasonable amount needed during the succeeding accounting period to
pay office expenses, postage, freight, express or similar charges.

(c) Excess earnings from the sale of revenue stamps to be maintained in
a fund to be used for the purchase of additional stamps from the Illinois
Department of Revenue.

(d) Fund to pay necessary travel, dues and other expenses incurred in
attending workshops, educational seminars and organizational meetings
established for the purpose of providing in-service training.

(e) Trust funds and for such other purposes as may be provided for by
law.

(f) Such other funds as may be authorized by the county board.
The recorder shall make accounting monthly to the county board
through the county clerk of all special funds maintained by him in the
discharge of his duties.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5005.5) (from Ch. 34, par. 3-5005.5)

Sec. 3-5005.5.
Compensation of deputies and employees.
Compensation of deputies and employees shall be fixed by the recorder
subject to budgetary limitations established by the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)

Sec. 3-5006.
Appointment of deputies in writing.
Appointments of deputies shall be in writing, and entered upon the
records of his office.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007)

Sec. 3-5007.
Oath of deputies.
Each deputy shall, before entering
upon the duties of his office, take and subscribe an oath or affirmation,
in like form as is required of the recorder, which shall be filed in the
office of the recorder.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)

Sec. 3-5008.
Powers of deputies.
Deputy recorders duly appointed
and qualified may perform any and all duties of the recorder in the name of
the recorder, and the acts of such deputies shall be held to be the acts of
the recorder, and in case of the death of the recorder or his deposition
from office, the chief deputy shall thereupon become the acting recorder
until such vacancy shall be filled according to The Election Code, and he
shall file a like bond and be vested with the same powers and subject to
the same responsibilities and entitled to the same compensation as in case
of recorder. Provided, that if the recorder is called into the active
military service of the United States, his office shall not be deemed to be
vacant during the time he is in the active military service of the United
States, but during the time he is in such active military service of the
United States the deputy recorder shall be the recorder, and shall perform
and discharge all of the duties of the recorder in such county, and shall
be paid the same compensation as provided by law for the recorder of the
county, apportioned as to the time of service, and such deputy recorder
shall cease to be the recorder upon the discharge of said recorder from the
active military service of the United States; and provided further, that
the deputy recorder, upon becoming the temporary recorder during the
absence of the recorder in the active military service of the United
States, shall give bond as required of a regularly elected recorder.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)

Sec. 3-5009.
Recorder liable for deputies.
The recorder shall be
liable for any neglect or omission of the duties of his office, when
occasioned by a deputy, in the same manner as for his own personal neglect
or omission.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010)

Sec. 3-5010. Duties of recorder. Every recorder shall, as soon
as practicable after the receipt of any instrument in writing in his
office, entitled to be recorded, record the same at length in the order of
time of its reception, in well bound books to be provided for that purpose.
In counties of 500,000 or more inhabitants, the recorder may
microphotograph or otherwise reproduce on film any of such instruments in
the manner provided by law. In counties of less than 500,000 inhabitants,
the recorder may cause to be microphotographed or otherwise reproduced on
film any of such instruments or electronic method of storage. When any such instrument is reproduced on film or electronic method of storage, the film or electronic method of storage shall
comply with the minimum standards of quality approved for records of the State Records Commission and the device used to
reproduce the records on the film or electronic method of storage shall be one which accurately reproduces
the contents of the original.

(Source: P.A. 97-757, eff. 7-6-12.)

(55 ILCS 5/3-5010.5)

Sec. 3-5010.5. Fraud referral and review.

(a) Legislative findings. The General Assembly finds that property fraud, including fraudulent filings intended to cloud or fraudulently transfer title to property by recording false or altered documents and deeds, is a rapidly growing problem throughout the State. In order to combat the increase in the number of these filings, a recorder may establish a process to review and refer documents suspected to be fraudulent.

(b) Definitions. The terms “recording” and “filing” are used interchangeably in this Section.

(c) Establishment and use of a fraud referral and review process. A recorder who establishes a fraud referral and review process under the provisions of this Section may use it to review deeds and instruments and refer any of them to an administrative law judge for review pursuant to subsection (g) of this Section that cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. The recorder may enter into an intergovernmental agreement with local law enforcement officials for the purposes of this referral and review. A recorder may request that the Secretary of the Department of Financial and Professional Regulation assist in reviewing possible fraudulent filings. Upon request, the Secretary, or his or her designee, shall assist in identifying the validity of filings. The recorder shall notify the Secretary when a document suspected to be fraudulent is discovered.

In counties with a population of less than 3 million, a recorder shall provide public notice 90 days before the establishment of the fraud referral and review process. The notice shall include a statement of the recorder’s intent to create a fraud referral and review process and shall be published in a newspaper of general circulation in the county and, if feasible, posted on the recorder’s website and at the recorder’s office or offices.

In determining whether to refer a document to an administrative law judge for review, a recorder may take into consideration any of the following factors:

(1) whether the owner of the property or his or her designated representative has reported to the recorder that another individual is attempting or has attempted to record a fraudulent deed or other instrument upon the property;
(2) whether a law enforcement official has contacted the recorder indicating that he or she has probable cause to suspect title or recording fraud;
(3) whether the filer’s name has a copyright attached to it or the property owner’s name has nonstandard punctuation attached to it;
(4) whether the documents assert fines that do not exist or have no basis under current law or that require payment in gold or silver;
(5) whether the documents are maritime liens, or liens under the Federal Maritime Lien Act or the Preferred Ship Mortgage Act, or not authorized by the United States Coast Guard;
(6) whether the documents are land patents not authorized and certified by the United States Department of the Interior Bureau of Land Management;
(7) whether the documents are representing that the subject of the lien is releasing itself from a lien held by another entity, with no apparent cooperation or authorization provided by the lienholder;
(8) whether the documents are protesting or disputing a foreclosure proceeding that are not filed within the foreclosure suit and with the court presiding over the matter;
(9) whether the documents are Uniform Commercial Code filings referencing birth certificates or other private records that are not in compliance with Section 9-501 of the Uniform Commercial Code;
(10) whether the documents are re-recording deeds to re-notarize or attach notary certification if prior notarization already appears unaltered on the document of record;
(11) whether the documents are asserting diplomatic credentials or immunity, non-United States citizenship, or independence from the laws of the United States;
(12) whether the documents are claims that a bank cannot hold title after a foreclosure;
(13) whether the documents are deeds not properly signed by the last legal owner of record or his or her
court appointed representative or attorney-in-fact under a power of attorney;
(14) whether the documents are manipulated or altered federal or State legal or court forms that release a lien;
(15) whether a document is not related to a valid existing or potential adverse transaction, existing lien, or judgment of a court of competent jurisdiction;
(16) a document that is not related to a valid existing or potential commercial or financial transaction, existing agricultural or other lien, or judgment of a court of competent jurisdiction;
(17) whether the document is filed with the intent to harass or defraud the person identified in the record or any other person;
(18) whether the document is filed with the intent to harass or defraud any member of a governmental office, including, but not limited to, the recorder’s office, local government offices, the State of Illinois, or the Federal government; and
(19) whether the documents are previous court determinations, including a previous determination by a court of competent jurisdiction that a particular document is fraudulent, invalid, or forged.

(d) Determinations. If a recorder determines, after review by legal staff and counsel, that a deed or instrument that is recorded in the grantor’s index or the grantee’s index may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property, he or she shall refer the deed or instrument to an administrative law judge for review pursuant to subsection (g) of this Section. The recorder shall record a Notice of Referral in the grantor’s index or the grantee’s index identifying the document, corresponding document number in question, and the date of referral. The recorder shall also notify the parties set forth in subsection (e) of this Section. The recorder may, at his or her discretion, notify law enforcement officials regarding a filing determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property.

(e) Notice. The recorder shall use county property tax records to identify and provide notice to the last owner of record by telephone, if available, and certified mail both when: (1) a deed or instrument has been referred for review and determination; and (2) a final determination has been made regarding the deed or instrument. Notice, by mail, shall also be sent to the physical address of the property associated with the deed or instrument.

(f) Administrative decision. The recorder’s decision to add a Notice of Referral and refer a document for review is a final administrative decision that is subject to review by the circuit court of the county where the real property is located under the Administrative Review Law. The standard of review by the circuit court shall be de novo.

(g) Referral and review process. Prior to referral, the recorder shall notify the last owner of record of the document or documents suspected to be fraudulent. The person, entity, or legal representative thereof shall confirm in writing his or her belief that a document or documents are suspected to be fraudulent and may request that the recorder refer the case for review. Upon request, the recorder shall bring a case to its county department of administrative hearings and, within 10 business days after receipt, an administrative law judge shall schedule a hearing to occur no later than 30 days after receiving the referral. The referral and case shall clearly identify the person, persons, or entity believed to be the last true owner of record as the petitioner. Notice of the hearing shall be provided by the administrative law judge to the filer, or the party represented by the filer, of the suspected fraudulent document, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the referral.

If clear and convincing evidence shows the document in question to be fraudulent, the administrative law judge shall rule the document to be fraudulent and forward the judgment to all the parties identified in this subsection. Upon receiving notice of the judgment of fraud, the recorder shall, within 5 business days, record a new document that includes a copy of the judgment in front of the Notice of Referral that shall clearly state that the document in question has been found to be fraudulent and shall not be considered to affect the chain of title of the property in any way.

If the administrative law judge finds the document to be legitimate, the recorder shall, within 5 business days after receiving notice, record a copy of the judgment.

A decision by an administrative law judge shall not preclude a State’s attorney or sheriff from proceeding with a criminal investigation or criminal charges. If a county does not have an administrative law judge that specializes in public records, one shall be appointed within 3 months after the effective date of this amendatory Act of the 98th General Assembly, or the original case shall be forwarded to the proper circuit court with jurisdiction.

Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the review and referral, or the filer of the document or documents suspected to be fraudulent. Nothing in this Section requires a person or entity who may have had a fraudulent document or encumbrance filed against his or her property to use the fraud review and referral process or administrative review created by this Section.

(h) Fees. The recorder shall retain any filing fees associated with filing a deed or instrument that is determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property under this Section.

(i) Liability. Neither a recorder nor any of his or her employees or agents shall be subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in case of willful or wanton conduct. Neither the recorder nor any of his or her employees shall incur liability for the referral or review, or failure to refer or review, a document or instrument under this Section.

(j) Applicability. This Section applies only to filings provided to the recorder on and after the effective date of this amendatory Act of the 98th General Assembly.

(k) (Blank).

(Source: P.A. 100-276, eff. 8-22-17.)

(55 ILCS 5/3-5010.7)

Sec. 3-5010.7. (Repealed).

(Source: P.A. 99-439, eff. 1-1-16. Repealed internally, eff. 1-1-19.)

(55 ILCS 5/3-5010.8)

(Section scheduled to be repealed on January 1, 2024)

Sec. 3-5010.8. Mechanics lien demand and referral pilot program.

(a) Legislative findings. The General Assembly finds that expired mechanics liens on residential property, which cloud title to property, are a rapidly growing problem throughout the State. In order to address the increase in expired mechanics liens and, more specifically, those that have not been released by the lienholder, a recorder may establish a process to demand and refer mechanics liens that have been recorded but not litigated or released in accordance with the Mechanics Lien Act to an administrative law judge for resolution or demand that the lienholder commence suit or forfeit the lien.

(b) Definitions. As used in this Section:

“Demand to Commence Suit” means the written demand specified in Section 34 of the Mechanics Lien Act.

“Mechanics lien” and “lien” are used interchangeably in this Section.

“Notice of Expired Mechanics Lien” means the notice a recorder gives to a property owner under subsection (d) informing the property owner of an expired lien.

“Notice of Referral” means the document referring a mechanics lien to a county’s code hearing unit.

“Recording” and “filing” are used interchangeably in this Section.

“Referral” or “refer” means a recorder’s referral of a mechanics lien to a county’s code hearing unit to obtain a determination as to whether a recorded mechanics lien is valid.

“Residential property” means real property improved with not less than one nor more than 4 residential dwelling units; a residential condominium unit, including, but not limited to, the common elements allocated to the exclusive use of the condominium unit that form an integral part of the condominium unit and any parking unit or units specified by the declaration to be allocated to a specific residential condominium unit; or a single tract of agriculture real estate consisting of 40 acres or less that is improved with a single-family residence. If a declaration of condominium ownership provides for individually owned and transferable parking units, “residential property” does not include the parking unit of a specified residential condominium unit unless the parking unit is included in the legal description of the property against which the mechanics lien is recorded.

(c) Establishment of a mechanics lien demand and referral process. After a public hearing, a recorder in a county with a code hearing unit may adopt rules establishing a mechanics lien demand and referral process for residential property. A recorder shall provide public notice 90 days before the public hearing. The notice shall include a statement of the recorder’s intent to create a mechanics lien demand and referral process and shall be published in a newspaper of general circulation in the county and, if feasible, be posted on the recorder’s website and at the recorder’s office or offices.

(d) Notice of Expired Lien. If a recorder determines, after review by legal staff or counsel, that a mechanics lien recorded in the grantor’s index or the grantee’s index is an expired lien, the recorder shall serve a Notice of Expired Lien by certified mail to the last known address of the owner. The owner or legal representative of the owner of the residential property shall confirm in writing his or her belief that the lien is not involved in pending litigation and, if there is no pending litigation, as verified and confirmed by county court records, the owner may request that the recorder proceed with a referral or serve a Demand to Commence Suit.

For the purposes of this Section, a recorder shall determine if a lien is an expired lien. A lien is expired if a suit to enforce the lien has not been commenced or a counterclaim has not been filed by the lienholder within 2 years after the completion date of the contract as specified in the recorded mechanics lien. The 2-year period shall be increased to the extent that an automatic stay under Section 362(a) of the United States Bankruptcy Code stays a suit or counterclaim to foreclose the lien. If a work completion date is not specified in the recorded lien, then the work completion date is the date of recording of the mechanics lien.

(e) Demand to Commence Suit. Upon receipt of an owner’s confirmation that the lien is not involved in pending litigation and a request for the recorder to serve a Demand to Commence Suit, the recorder shall serve a Demand to Commence Suit on the lienholder of the expired lien as provided in Section 34 of the Mechanics Lien Act. A recorder may request that the Secretary of State assist in providing registered agent information or obtain information from the Secretary of State’s registered business database when the recorder seeks to serve a Demand to Commence suit on the lienholder. Upon request, the Secretary of State, or his or her designee, shall provide the last known address or registered agent information for a lienholder who is incorporated or doing business in the State. The recorder must record a copy of the Demand to Commence suit in the grantor’s index or the grantee’s index identifying the mechanics lien and include the corresponding document number and the date of demand. The recorder may, at his or her discretion, notify the Secretary of State regarding a Demand to Commence suit determined to involve a company, corporation, or business registered with that office.

When the lienholder commences a suit or files an answer within 30 days or the lienholder records a release of lien with the county recorder as required by subsection (a) of Section 34 of the Mechanics Lien Act, then the demand and referral process is completed for the recorder for that property. If service under this Section is responded to consistent with Section 34 of the Mechanics Lien Act, the recorder may not proceed under subsection (f). If no response is received consistent with Section 34 of the Mechanics Lien Act, the recorder may proceed under subsection (f).

(f) Referral. Upon receipt of an owner’s confirmation that the lien is not involved in pending litigation and a request for the recorder to proceed with a referral, the recorder shall: (i) file the Notice of Referral with the county’s code hearing unit; (ii) identify and notify the lienholder by telephone, if available, of the referral and send a copy of the Notice of Referral by certified mail to the lienholder using information included in the recorded mechanics lien or the last known address or registered agent received from the Secretary of State or obtained from the Secretary of State’s registered business database; (iii) send a copy of the Notice of Referral by mail to the physical address of the property owner associated with the lien; and (iv) record a copy of the Notice of Referral in the grantor’s index or the grantee’s index identifying the mechanics lien and include the corresponding document number. The Notice of Referral shall clearly identify the person, persons, or entity believed to be the owner, assignee, successor, or beneficiary of the lien. The recorder may, at his or her discretion, notify the Secretary of State regarding a referral determined to involve a company, corporation, or business registered with that office.

No earlier than 30 business days after the date the lienholder is required to respond to a Demand to Commence Suit under Section 34 of the Mechanics Lien Act, the code hearing unit shall schedule a hearing to occur at least 30 days after sending notice of the date of hearing. Notice of the hearing shall be provided by the county recorder, by and through his or her representative, to the filer, or the party represented by the filer, of the expired lien, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the Notice of Referral.

If the recorder shows by clear and convincing evidence that the lien in question is an expired lien, the administrative law judge shall rule the lien is forfeited under Section 34.5 of the Mechanics Lien Act and that the lien no longer affects the chain of title of the property in any way. The judgment shall be forwarded to all parties identified in this subsection. Upon receiving judgment of a forfeited lien, the recorder shall, within 5 business days, record a copy of the judgment in the grantor’s index or the grantee’s index.

If the administrative law judge finds the lien is not expired, the recorder shall, no later than 5 business days after receiving notice of the decision of the administrative law judge, record a copy of the judgment in the grantor’s index or the grantee’s index.

A decision by an administrative law judge is reviewable under the Administrative Review Law, and nothing in this Section precludes a property owner or lienholder from proceeding with a civil action to resolve questions concerning a mechanics lien.

A lienholder or property owner may remove the action from the code hearing unit to the circuit court as provided in subsection (i).

(g) Final administrative decision. The recorder’s decision to refer a mechanics lien or serve a Demand to Commence Suit is a final administrative decision that is subject to review under the Administrative Review Law by the circuit court of the county where the real property is located. The standard of review by the circuit court shall be consistent with the Administrative Review Law.

(h) Liability. A recorder and his or her employees or agents are not subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in the case of willful or wanton conduct. The recorder and his or her employees or agents are not liable for the decision to refer a lien or serve a Demand to Commence Suit, or failure to refer or serve a Demand to Commence Suit, of a lien under this Section.

(i) Private actions; use of demand and referral process. Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the mechanics lien or a decision by the code hearing unit. Nothing in this Section requires a person or entity who may have a mechanics lien recorded against his or her property to use the mechanics lien demand and referral process created by this Section.

A lienholder or property owner may remove a matter in the referral process to the circuit court at any time prior to the final decision of the administrative law judge by delivering a certified notice of the suit filed in the circuit court to the administrative law judge. Upon receipt of the certified notice, the administrative law judge shall dismiss the matter without prejudice. If the matter is dismissed due to removal, then the demand and referral process is completed for the recorder for that property. If the circuit court dismisses the removed matter without deciding on whether the lien is expired and without prejudice, the recorder may reinstitute the demand and referral process under subsection (d).

(j) Repeal. This Section is repealed on January 1, 2024.

(Source: P.A. 101-296, eff. 8-9-19; 102-671, eff. 11-30-21.)

(55 ILCS 5/3-5010.10)

Sec. 3-5010.10. Property fraud alert system; registration by property owners and real estate professionals.

(a) As used in this Section:

“Property fraud alert system” means any electronic or automated alert system run by a county or by a third-party vendor, by whatever name, that informs a property owner by e-mail, telephone, or mail when a document is recorded with the county recorder that relates to a registered property.

“Real estate professional” means a licensed real estate agent, attorney, closing agent, or agent of a title insurance company.

(b) In a county that has a property fraud alert system, a recorder may create a registration form for a real estate professional to file with the recorder on behalf of a property owner to register the property owner in the county’s property fraud alert system. The registration form must contain the following minimum information:

(1) A notice on the top of the form that property owners are not required to register with the county’s property fraud alert system.
(2) A description of the county’s property fraud alert system; the name of the third-party vendor, if any, who operates the property fraud alert system; and the cost, if any, to the property owner of the property fraud alert system;
(3) A portion to be completed by a property owner and real estate professional containing:

(i) the property owner’s name and mailing address;
(ii) the Property Index Number (PIN) or unique parcel identification code of the property for which an alert will be created;
(iii) the e-mail, telephone number, or mailing address the property owner would like to receive the alert;
(iv) any information a third-party vendor who operates a county’s property fraud alert system requires to register a property owner;
(v) if required, payment method and billing information;
(vi) a clear and conspicuous notice, immediately before the signatures, stating that the property owner understands that neither the recorder, nor a third-party vendor operating a county’s property fraud alert system, nor a real estate professional, nor any employees thereof shall be liable to the property owner should the property fraud alert system fail to alert the property owner of any document being recorded and that it is the property owner’s responsibility to verify the information he or she has provided is correct and that he or she is registered with the property fraud alert system;
(vii) a place for the property owner’s signature;
(viii) a place for the real estate professional’s signature, if applicable, along with a statement indicating that the real estate professional is registered with the recorder and is allowed to file the registration form with the recorder; and
(ix) a place to list up to 3 other persons to receive a property fraud alert, including each person’s e-mail, telephone number, or address where he or she will receive the alert.

(c) A property owner or real estate professional may file a completed and signed registration form with the recorder. When a recorder receives such a completed and signed registration form, the recorder shall complete the registration process for the property owner listed on the registration form by entering the information from the registration form into the property fraud alert system.

(d) A real estate professional that wishes to file registration forms with the recorder on behalf of property owners must first register with the recorder by verifying they are a licensed real estate agent, attorney, closing agent, or agent of a title insurance company. The recorder shall keep a list of all registered real estate professionals.

(e) No county, recorder, third-party vendor operating a county’s property fraud alert system, real estate professional, or any employees thereof shall be subject to liability, except for willful and wanton misconduct, for any error or omission in registering a property owner pursuant to this Section or for any damages caused by the failure of the property owner to be alerted of any document that was recorded that relates to a property registered under the owner’s name.

(f) A home rule unit shall not use or create a registration form for use by a real estate professional to register a property owner on the county’s property fraud alert system that conflicts with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. However, nothing in this Section shall prevent any person from signing up for a property fraud alert system by other means than those provided for in this Section, including, but not limited to, on a county’s website or a third-party vendor’s website that hosts a property fraud alert system.

(Source: P.A. 99-75, eff. 1-1-16.)

(55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)

Sec. 3-5011.
Office to remain open during bank holiday.
Whenever an emergency exists which involves the banking or credit
structure within the State of Illinois, and which is recognized by a
proclamation by the Governor or by an act or resolution of the General
Assembly, and by such proclamation of the Governor a public holiday has
been or shall be declared, the proclamation of such public holiday shall
not require the recorder or registrar of titles in any county in
this State to close his office, but every such recorder or
registrar of titles shall continue to keep his office open and to operate
in the same manner as though no such public holiday had been declared,
unless in and by such proclamation the Governor of this State shall make
specific reference to the closing of recorders’ or registrars’ offices in
this State. The actions of any recorder or registrar of titles
performed prior to May 26, 1933 and during the continuance of any such
holiday, are validated.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)

Sec. 3-5012.
Recording and indexing books.
Separate books may be
kept for the recording and indexing of different classes of instruments.
Three distinct series of document numbers may be used for recording
documents received for recordation, one series of numbers to be preceded by
the letter “b” in each case, which series shall be used only for bills of
sale of personal property, chattel mortgages and releases, extensions and
assignments, thereof, one series of numbers to be preceded by the letter
“c” in each case, which series shall be used only for certificates of
discharge of discharged members of the military, aviation and naval forces
of the United States, and the other series of document numbers shall be
used for all other instruments received for recordation. When three series
of document numbers are thus used, a separate place may be provided in the
Recorder’s office for the receipt of each kind of documents to which such
serial numbers apply.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)

Sec. 3-5013.
Transcription or reproduction of written instruments.
The recorder, when recording at length instruments in writing in his or her
office, may transcribe the instruments in handwriting or typewriting, make
photographic or photostatic reproductions of the instruments, or transcribe
the instruments partly in handwriting or typewriting and make photographic
or photostatic reproductions of the remaining portions of the instruments.
Every document, however, shall be filed in a complete and intelligible
manner. The recorder may not accept facsimile or other photographic or
photostatic copies of the signatures of parties executing documents without
labeling those signatures as copies. When photographic or photostatic
reproductions are used, the recorder shall first be satisfied that the
reproductions are as lasting and durable as handwritten or typewritten
copies. The reproductions shall be upon sheets bound together in well bound
books or placed in books that are permanently locked so that the sheets
cannot be tampered with or removed. When instruments are reproduced by
microphotography or otherwise reproduced on film as provided in this
Section the reproduction thus made shall be deemed the record for
all purposes.

(Source: P.A. 86-962; 87-376.)

(55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014)

Sec. 3-5014.
Mortgages or liens filed but not recorded.
Upon
receipt of any mortgage, trust deed or conveyance of personal property
having the effect of a mortgage or lien upon such property, upon which is
indorsed the words, “this instrument to be filed, but not recorded” or
words of a similar import, signed by the mortgagee, his agent or attorney,
the recorder shall mark the instrument “filed”, endorse the time (including
the hour of the day) of the receipt thereof and file the same in his office.

Each instrument filed as above shall be numbered and indexed by the
Recorder in the book wherein he alphabetically indexes chattel mortgages
and shall refer to the number appearing on the filed instrument.

The recorder may destroy any instrument filed but not recorded in the
manner hereinabove provided, one year after the maturity thereof as stated
therein; except, no such instrument may be destroyed until one year after
the maturity of the last extension thereof filed in the recorder’s office.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)

Sec. 3-5015. Certificates of discharge or release from active duty. Certificates of discharge or MEMBER-4 copy of certificate of release or
discharge from active duty of honorably discharged or separated members of
the military, aviation and naval forces of the United States shall be
recorded by each recorder, free of charge, in a separate book which shall
be kept for the purpose. The recorder in counties of over 500,000
population shall as soon as practicable after the recording of the original
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, deliver to each of the persons named in the
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, or his agent, one certified copy of his discharge
certificate or MEMBER-4 copy of certificate of release or discharge from
active duty without charge. Additional certified copies shall be furnished
by the recorder upon the payment to the recorder of a fee
of $1.25, payable in advance, for each such additional certified copy.

Upon the delivery of the certificate of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty after the recordation
thereof is completed, and the delivery of one certified copy thereof to the
person named in the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty or his agent, the receipt
theretofore issued by the recorder, or a copy thereof shall be
surrendered to the recorder, with a signed statement acknowledging
the receipt of the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty and the certified copy thereof.

Certified copies of the certificates of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty furnished by the
recorder may vary from the size of the original, if in the
judgment of the recorder, such certified copies are complete and
legible.

A military discharge form (DD-214) or any other certificate of discharge or
release from active duty document that was issued by the United States
government or any state government in reference to those who served with an
active or inactive military reserve unit or National Guard force and that was
recorded by a County Clerk or Recorder of Deeds is not subject to public
inspection, enjoying all the protection covered by the federal Privacy Act of
1974 or any other
privacy law. These documents shall be accessible only to the person named in
the document, the named person’s dependents, the county veterans’ service
officer, representatives of the Department of Veterans’ Affairs, or any person
with
written authorization from the named person or the named person’s dependents. Notwithstanding any other provision in this paragraph, these documents shall be made available for public inspection and copying in accordance with the archival schedule adopted by the National Archives and Records Administration and subject to redaction of information that is considered private under the Illinois Freedom of Information Act, the federal Freedom of Information Act, and the federal Privacy Act.

(Source: P.A. 101-402, eff. 8-16-19.)

(55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)

Sec. 3-5016.
Quarters; office hours.
Every Recorder shall keep his
office at the courthouse of the county for which he is recorder, or in
counties of the second or third class in some other suitable building
provided at the county seat by the county for which he is recorder and
shall keep his office open except as hereinafter provided and attend to the
duties thereof in counties of the first and second classes from 8 o’clock
A.M. to 5 o’clock P.M. of each working day, except Saturday, and in
counties of the third class from 9 o’clock A.M. to 5 o’clock P.M. of each
working day, except Saturday, and except in each county of all classes such
days as under any law are or may be legal holidays in any part of the
county, as regards the presenting for payment, acceptance, maturity,
protesting, or giving notice of the dishonor of bills of exchange, bank
checks, promissory notes, or other negotiable or commercial paper or
instruments: Provided, however, that the hours of opening and closing of
the office of the Recorder may be changed and otherwise fixed and
determined by the county board of any county. Any such action taken by the
county board shall be by an appropriate resolution passed at a regular
meeting. The office of the recorder shall accept instruments for
recordation at all times during which the office is open.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5017) (from Ch. 34, par. 3-5017)

Sec. 3-5017.
Time for opening and closing of office.
When “An
Act to provide for the standardization of time and providing penalties for
violations thereof”, approved April 29, 1959 is in effect at the county
seat in which the recorder’s office is situated, the time for opening and
closing of the office, and the receiving instruments for recordation, shall
conform with that Act.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)

Sec. 3-5018. Traditional fee schedule. Except as
provided for in Sections 3-5018.1, 4-12002, and 4-12002.1, the recorder elected as provided for in this
Division shall receive such fees as are or may be provided for him or her by law,
in case of provision therefor: otherwise he or she shall receive the same fees as
are or may be provided in this Section, except when increased by county
ordinance or resolution pursuant to the provisions of this Section, to be paid to the
county clerk for his or her services in the office of recorder for like services.

For recording deeds or other instruments, $12 for the first 4 pages
thereof, plus $1 for each additional page thereof, plus $1 for each
additional document number therein noted. The aggregate minimum fee
for recording any one instrument shall not be less than $12.

For recording deeds or other instruments wherein the premises
affected thereby are referred to by document number and not by legal
description, a fee of $1 in addition to that hereinabove referred to for
each document number therein noted.

For recording assignments of mortgages, leases or liens, $12 for the
first 4 pages thereof, plus $1 for each additional page thereof. However,
except for leases and liens pertaining to oil, gas and other minerals,
whenever a mortgage, lease or lien assignment assigns more than one
mortgage, lease or lien document, a $7 fee shall be charged for the recording
of each such mortgage, lease or lien document after the first one.

For recording any document that affects an interest in real property other than documents which solely affect or relate to an easement for water, sewer, electricity, gas, telephone or other public service, the recorder shall charge a fee of $1 per document to all filers of documents not filed by any State agency, any unit of local government, or any school district. Fifty cents of the $1 fee hereby established shall be deposited into the County General Revenue Fund. The remaining $0.50 shall be deposited into the Recorder’s Automation Fund and may not be appropriated or expended for any other purpose. The additional amounts available to the recorder for expenditure from the Recorder’s Automation Fund shall not offset or reduce any other county appropriations or funding for the office of the recorder.

For recording maps or plats of additions or subdivisions approved by the
county or municipality (including the spreading of the same of record in
map case or other proper books) or plats of condominiums, $50 for the first
page, plus $1 for each additional page thereof except that in the case of
recording a single page, legal size 8 1/2 x 14, plat of survey in which
there are no more than two lots or parcels of land, the fee shall be $12.
In each county where such maps or plats are to be recorded, the recorder
may require the same to be accompanied by such number of exact, true and
legible copies thereof as the recorder deems necessary for the efficient
conduct and operation of his or her office.

For non-certified copies of records, an amount not to exceed one-half of the amount provided in this Section for certified copies, according to a standard scale of fees, established by county ordinance or resolution and made public. The provisions of this paragraph shall not be applicable to any person or entity who obtains non-certified copies of records in the following manner: (i) in bulk for all documents recorded on any given day in an electronic or paper format for a negotiated amount less than the amount provided for in this paragraph for non-certified copies, (ii) under a contractual relationship with the recorder for a negotiated amount less than the amount provided for in this paragraph for non-certified copies, or (iii) by means of Internet access pursuant to Section 5-1106.1.

For certified copies of records, the same fees as for recording, but
in no case shall the fee for a certified copy of a map or plat of an
addition, subdivision or otherwise exceed $10.

Each certificate of such recorder of the recording of the deed or
other writing and of the date of recording the same signed by such
recorder, shall be sufficient evidence of the recording thereof, and
such certificate including the indexing of record, shall be furnished
upon the payment of the fee for recording the instrument, and no
additional fee shall be allowed for the certificate or indexing. A physical or electronic image of the recorder’s stamp satisfies the signature requirement for recorded instruments prior to, on, and after the effective date of this amendatory Act of the 102nd General Assembly.

The recorder shall charge an additional fee, in an amount equal to the
fee otherwise provided by law, for recording a document (other than a
document filed under the Plat Act or the Uniform Commercial Code) that does
not conform to the following standards:

(1) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee.
(2) The document shall be legibly printed in black ink, by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly.
(3) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used for non-essential notations that will not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations.
(4) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner.
(5) The document shall not have any attachment stapled or otherwise affixed to any page.A document that does not conform to these standards shall
not be recorded except upon payment of the additional fee required under
this paragraph. This paragraph, as amended by this amendatory Act of 1995,
applies only to documents dated after the effective date of this amendatory
Act of 1995.

The county board of any county may provide for an additional charge of $3
for filing every instrument, paper, or notice for record, (1)
in order to
defray the cost of converting the county recorder’s document storage system
to computers or micrographics
and (2) in order to defray the cost of providing access to records through
the global
information system known as the Internet.

A special fund shall be set up by the treasurer of the county and such
funds collected pursuant to Public Act 83-1321 shall be used (1)
for
a document storage system to provide the equipment, materials and necessary
expenses incurred to help defray the costs of implementing and maintaining
such a document records system
and (2) for a system to provide electronic access to
those records.

The county board of any county that provides and maintains a countywide map
through a Geographic Information System (GIS) may provide for an additional
charge of $3 for filing every instrument, paper, or notice for record (1)
in order
to defray the cost of implementing or maintaining the county’s Geographic
Information System
and (2) in order to defray the cost of providing electronic or automated access to the
county’s
Geographic
Information System or property records.
Of that amount, $2 must be deposited into a special fund
set up by the treasurer of the county, and any moneys collected pursuant to
this amendatory Act of the 91st General Assembly and deposited into that fund
must be used solely for the equipment, materials, and necessary expenses
incurred in implementing and maintaining a Geographic Information System and
in order to defray the cost of providing electronic access to the county’s
Geographic Information System records.
The remaining $1 must be deposited into the recorder’s special funds created
under Section 3-5005.4. The recorder may, in his or her discretion, use moneys
in the funds created under Section 3-5005.4 to defray the cost of implementing
or maintaining the county’s Geographic Information System
and to defray the cost of providing electronic access to the county’s
Geographic
Information System records.

The recorder shall collect a $9 Rental Housing Support Program State
surcharge for the recordation of any real estate-related document. Payment of the
Rental Housing Support Program State surcharge shall be evidenced by a receipt
that shall be marked upon or otherwise affixed to the real estate-related document
by the recorder. The form of this receipt shall be prescribed by the Department
of Revenue and the receipts shall be issued by the Department of Revenue to
each county recorder.

The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, any unit of local government or any school district.

On the 15th day of each month, each county recorder shall report
to the Department of Revenue, on a form prescribed by the Department,
the number of real estate-related documents recorded for which
the Rental Housing Support Program
State surcharge was collected. Each recorder shall submit $9 of each surcharge collected in the
preceding month to the Department of Revenue and the Department
shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program.

For purposes of this Section, “real estate-related document” means that term as it is defined in Section 7 of the Rental Housing Support Program Act.

The foregoing fees allowed by this Section are the maximum fees that
may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by ordinance or resolution,
increase the fees allowed by this Section and collect such increased fees
from all persons and entities other than officers, agencies, departments
and other instrumentalities of the State if the increase is justified by an
acceptable cost study showing that the fees allowed by this Section are not
sufficient to cover the cost of providing the service.
Regardless of any other provision in this Section, the maximum fee that may
be collected from the Department of Revenue for filing or indexing a
lien, certificate of lien release or subordination, or any other type of notice
or other documentation affecting or concerning a lien is $5. Regardless of
any other provision in this Section, the maximum fee that may be collected from
the Department of Revenue for indexing each additional name in excess
of one for any lien, certificate of lien release or subordination, or any other
type of notice or other documentation affecting or concerning a lien is $1.

A statement of the costs of providing each service, program and activity
shall be prepared by the county board. All supporting documents shall be
public record and subject to public examination and audit. All direct and
indirect costs, as defined in the United States Office of Management and
Budget Circular A-87, may be included in the determination of the costs of
each service, program and activity.

(Source: P.A. 102-838, eff. 5-13-22.)

(55 ILCS 5/3-5018.1)

Sec. 3-5018.1. Predictable fee schedule.

(a) As used in this Section:

“Nonstandard document” means:

(1) a document that creates a division of a then active existing tax parcel identification number;
(2) a document recorded pursuant to the Uniform Commercial Code;
(3) a document which is non-conforming, as described in paragraphs (1) through (5) of Section 3-5018;
(4) a State lien or a federal lien;
(5) a document making specific reference to more than 5 tax parcel identification numbers in the county in which it is presented for recording; or
(6) a document making specific reference to more than 5 other document numbers recorded in the county in which it is presented for recording.

“Standard document” means any document other than a nonstandard document.

(b) On or before January 1, 2019, a county shall adopt and implement, by ordinance or resolution, a predictable fee schedule that eliminates surcharges or fees based on the individual attributes of a standard document to be recorded. The initial predictable fee schedule approved by a county board shall be set only as allowed under subsections (c) and (d) and any subsequent predictable fee schedule approved by a county board shall be set only as allowed under subsection (e). Except as to the recording of standard documents, the fees imposed by Section 3-5018 shall remain in effect. Under a predictable fee schedule, no charge shall be based on: page count; number, length, or type of legal descriptions; number of tax identification or other parcel identifying code numbers; number of common addresses; number of references contained as to other recorded documents or document numbers; or any other individual attribute of the document except as expressly provided in this Section. The fee charged under this Section shall be inclusive of all county and State fees that the county may elect or is required to impose or adjust, including, but not limited to, GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State surcharge.

A predictable fee schedule ordinance or resolution adopted under this Section shall list standard document fees, including document class flat fees as required by subsection (c), and non-standard document fees.

Before approval of an ordinance or resolution under this Section, the recorder or county clerk shall post a notice in their office at least 2 weeks prior, but not more than 4 weeks prior, to the public meeting at which the ordinance or resolution may be adopted. The notice shall contain the proposed ordinance or resolution number, if any, the proposed document class flat fees for each classification, and a reference to this Section or this amendatory Act of the 100th General Assembly.

A predictable fee schedule takes effect 60 days after an ordinance or resolution is adopted.

(c) Pursuant to an ordinance or resolution adopted under subsection (b), the recorder elected as provided for in this Division shall receive such fees as are or may be provided for him or her by law, in case of provision thereof: otherwise he or she shall receive the same fees as are or may be provided in this Section except when increased by county ordinance or resolution pursuant to the provisions of this Section, to be paid to the county clerk for his or her services in the office of recorder for like services. For the purposes of the fee charged, the ordinance or resolution shall divide standard documents into the following classifications and shall establish a single, all inclusive, county and State-imposed aggregate fee charged for each such classification of document at the time of recording for that document, which is called the document class flat fee. A standard document is not subject to more than one classification at the time of recording for the purposes of imposing any fee. Each standard document shall fall within one of the following document class flat fee classifications and fees for each document class shall be charged only as allowed by this subsection (c) and subsection (d):

(1) Deeds. The aggregate fee for recording deeds shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge). Inclusion of language in the deed as to any restriction; covenant; lien; oil, gas, or other mineral interest; easement; lease; or a mortgage shall not alter the classification of a document as a deed.
(2) Leases, lease amendments, and similar transfer of interest documents. The aggregate fee for recording leases, lease amendments, and similar transfers of interest documents shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge).
(3) Mortgages. The aggregate fee for recording mortgages, including assignments, extensions, amendments, subordinations, and mortgage releases shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge).
(4) Easements not otherwise part of another classification. The aggregate fee for recording easements not otherwise part of another classification, including assignments, extensions, amendments, and easement releases not filed by a State agency, unit of local government, or school district shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge).
(5) Miscellaneous. The aggregate fee for recording documents not otherwise falling within classifications set forth in paragraphs (1) through (4) and are not nonstandard documents shall not be less than $21 (being a minimum $12 county fee plus $9 for the Rental Housing Support Program State surcharge). Nothing in this subsection shall preclude an alternate predictable fee schedule for electronic recording within each of the classifications set forth in this subsection (c). If the Rental Housing Support Program State surcharge is amended and the surcharge is increased or lowered, the aggregate amount of the document flat fee attributable to the surcharge in the document may be changed accordingly.

(d) If an ordinance or resolution establishing a predictable fee schedule is adopted pursuant to subsection (b) and any document class flat fee exceeds $21,
the county board shall:

(1) obtain from the clerk or recorder an analysis of the average fees collected for the recording of each of the classifications under subsection (c) based on the 3 previous years of recording data, and, if a cost study has not been performed, set respective document class flat fees for each of the 5 document classifications at the average for that class rounded upward to the next whole dollar amount; or
(2) if a cost study has been completed within the last 3 years that shows $21 is not sufficient to cover the costs of providing the services related to each document class, obtain from the clerk or recorder an analysis of the average fees collected for the recording of each of the document classifications under subsection (c) from the date of the cost study and set respective document class flat fees for each of the 5 document classifications at the average for that document class rounded upward to the next whole dollar amount.

(e) After a document class flat fee is approved by a county board under subsection (b), the county board may, by ordinance or resolution, increase the document class flat fee and collect the increased fees only if the increase is justified by a cost study that shows that the fees allowed by subsections (c) and (d) are not sufficient to cover the cost of providing the service related to the document class for which the fee is to be increased. A statement of the costs of providing each service, program, and activity shall be prepared by the county board. All supporting documents shall be public record and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program, and activity.

Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class flat fee as long as the document class flat fee is not increased.

(Source: P.A. 100-271, eff. 8-22-17.)

(55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)

Sec. 3-5019.
Monthly list of conveyances.
Immediately following each
calendar month, the recorder, in counties with less than 1,000,000
inhabitants shall, upon their request, transmit copies of all documents,
plats and deeds conveying real property to the county clerk, the county
treasurer, the tax map department, the supervisor of assessments and the
township assessor for which he shall be paid by the county the usual and
customary fee charged by the recorder for furnishing such documents.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)

Sec. 3-5020.
Information to accompany conveyance documents.

(a) In counties of the first and second class no recorder shall
record any conveyance of real estate unless the conveyance contains the
name and address of the grantee for tax billing purposes.

(b) In counties with 3,000,000 or more inhabitants, the county recorder
shall not accept for filing any deed or assignment of beneficial interest
in a land trust in a transaction which is exempt from filing a real estate
transfer declaration under the provisions of Section 4 of the Real Estate
Transfer Tax Act, unless the deed or assignment of a beneficial interest is
accompanied by,

(1) a sworn or affirmed statement executed by the grantor or his agent stating that, to the best of his knowledge, the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois Corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois, and
(2) a sworn or affirmed statement executed by the grantee or his agent verifying that the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois. Any person who knowingly submits a false statement required under this Section concerning the identity of a grantee is guilty of a Class C misdemeanor. A second or subsequent conviction of such offense is a Class A misdemeanor.

(c) In the event that the document of conveyance is a trustee’s deed
issued under resignation by a land trustee, the statements pursuant
to paragraphs (1) and (2) of subsection (b) shall not be required, but the
trustee’s deed shall instead be accompanied by a sworn or affirmed statement
executed by the grantor land trustee stating that the trustee’s deed has been
issued pursuant to resignation by the trustee, and that the name of the grantee
shown on the trustee’s deed is the name of the beneficiary of the trust as his
name appears in the trust files as of the date of resignation.

(Source: P.A. 86-962; 87-543; 87-1236.)

(55 ILCS 5/3-5020.5)

Sec. 3-5020.5.
Information concerning recorded or filed instruments.

Each instrument recorded or filed with the county recorder must contain the
following:

(1) The name and address of the person to whom the instrument is to be
returned.

(2) The recorder’s document number of any instrument (i) referred to in the
instrument being recorded or filed or (ii) relating to the instrument being
recorded or filed, such as, without limitation, the recorder’s document number
of a mortgage when the instrument being recorded or filed is a release of that
mortgage.

(3) The book and page number, if applicable, of any instrument (i) referred
to in the instrument being recorded or filed or (ii) relating to the instrument
being recorded or filed.

(Source: P.A. 88-691, eff. 1-24-95.)

(55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)

Sec. 3-5021.

Recording or registering instruments transferring
title to real estate or a beneficial interest in real estate subject to a
land trust. If any home rule municipality has levied a real estate transfer
tax and a certified copy of the ordinance or resolution levying the tax,
specifying the rates and the design and denomination of stamps evidencing
payment thereof, has been on file with the county recorder for at least
30 days, the recorder of that county may not accept for recording or for
registration under “An Act concerning land titles”, approved May 1, 1897,
as amended, any instrument transferring title to real estate in that
municipality, or the beneficial interest in real estate in that
municipality which is the subject of a land trust, for which revenue stamps
are required to be purchased under the “Real Estate Transfer Tax Act”,
approved July 17, 1967, as amended, without proof of payment of the
municipal real estate transfer tax.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5022) (from Ch. 34, par. 3-5022)

Sec. 3-5022.

Identification of person preparing instrument affecting
title to real estate. No recorder shall record any instrument affecting
title to real estate unless the name and address of the person who prepared
and drafted such instruments is printed, typewritten or stamped on the face
thereof in a legible manner, but the validity and effect of the record of
any such instrument shall not be lessened or impaired by the fact that it
does not comply with the provisions of this Section. An instrument
complies with this Section if it contains a statement in substantially
the following form:

“This instrument was prepared by

(Name) ………………, (Address) …………………..”

This Section does not apply to any instrument executed before the effective
date of this Section, nor to the following: (a) an order or judgment
or process of any court; (b) a will; (c) a death certificate; or (d) an
instrument executed or acknowledged outside of this State.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5023) (from Ch. 34, par. 3-5023)

Sec. 3-5023.
Receipt.
On the receipt of any instrument in
writing for recording or filing in a recorder’s office, the recorder shall,
when requested, give to the person leaving the same to be recorded or
filed, a receipt therefor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)

Sec. 3-5024. Certificate of time of filing. When any instrument
in writing is recorded in the recorder’s office, the recorder shall indorse
upon such instrument a certificate of the time (including the hour of the
day) when the same was received for recordation (which shall be considered
the time of recording the same), and the book and page in which the same is
recorded. The recorder shall sign the certificate or shall affix his
facsimile signature thereto. A physical or electronic image of the recorder’s stamp satisfies the signature requirement for recorded instruments prior to, on, and after the effective date of this amendatory Act of the 102nd General Assembly.

The certificate, when signed by the recorder, or to which he has affixed
his facsimile signature or a physical or electronic image of the recorder’s stamp, shall be evidence of the facts therein stated.

(Source: P.A. 102-838, eff. 5-13-22.)

(55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)

Sec. 3-5025.
Books.
Every recorder shall keep the following books:

1. An entry book, in which he or she shall, immediately on the receipt
of any instrument to be recorded or filed, enter, in the order of its
reception, the names of the parties thereto, its date, the day of the
month, hour and year of receiving the same, and a brief description of
the premises, indorsing upon each instrument a number corresponding with
the number of such entry.

2. A grantor’s index, in which shall be entered the name of each
grantor, in alphabetical order, the name of the grantee, date of the
instrument, time of receipt, kind of instrument, consideration, the book
and page in which it is recorded, or the number under which it is filed,
and a brief description of the premises.

3. A grantee’s index, in which shall be entered the name of each
grantee, in alphabetical order, the name of the grantor, date of the
instrument, time of receipt, kind of instrument, consideration, the book
and page in which it is recorded, or the number under which it is filed,
and a brief description of the premises.

4. An index to each book of record, in which shall be entered,
in alphabetical order, the name of each grantor and grantee, and the
page in which the instrument is recorded.

5. When required by the county board, an abstract book, which
shall show by tracts every conveyance or incumbrance recorded, the date
of the instrument, time of filing the same, the book and page where the
same is recorded; which book shall be so kept as to show a true chain of
title to each tract and the incumbrances thereon, as shown by the
records of his office.

6. An index to recorded maps, plats and subdivisions, such index
to be made by description of land mapped, or subdivided by range,
township, Section, quarter-section, etc.

7. An index showing in alphabetical order the names of the
parties against whom judgments have been rendered or made and
transcripts or memoranda of such judgments have been
recorded, and the parties named in notices recorded pursuant to Section
1 of “An Act concerning constructive notice of condemnation proceedings,
proceedings to sell real property of decedents to pay
debts, or other suits seeking equitable relief involving real
property, and proceedings in bankruptcy” approved June 11, 1917, as amended.

8. An index of all ordinances, petitions, assessment rolls, orders,
judgments or other documents filed or recorded in respect of any drainage
or special assessment matter sufficient to enable the public to identify
all tracts involved therein and to locate all the documents which have been
filed or recorded. The recorder may solicit the assistance of the State
Records Commission in organizing and indexing these documents.

Any recorder may install or contract for the use of a computerized
system that will permit automated entry and indexing, alphabetically by
document, of instruments filed in his or her office and that will provide both
quick search and retrieval of such entries and hard copy print output,
whether on paper, optical disk media, or microfilm, of such entries as
indexed. If such a computerized system has been in use in his or her office
for at least 6 months and the recorder determines that it provides accurate and
reliable indices that may be stored as permanent records, more quickly and
efficiently than the system previously used, the recorder may thereafter
discontinue the use of the manual system and use only the computerized system
for such indices. In that event, references in this Division to books, records
or forms as relate to such indices are intended to encompass and refer to the
computer system and all materials and forms directly related to that system and
its proper use.

This Section is subject to the Local Records Act.

(Source: P.A. 88-661, eff. 9-16-94.)

(55 ILCS 5/3-5026) (from Ch. 34, par. 3-5026)

Sec. 3-5026.
Name and address of grantee or grantees.
No deed or other instrument which transfers the title to real property
may be recorded unless and until the name and address of the grantee or
grantees appear on its face.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5027) (from Ch. 34, par. 3-5027)

Sec. 3-5027.

Real estate index number system; counties of less
than 1,000,000. In counties with a population of less than 1,000,000, the
recorder, pursuant to ordinance or resolution of the county board, may
establish a permanent real estate index number system which shall describe
all real estate in the county by township, Section, block, and parcel or
lot, the street or post office address, if any, and street code number, if
any, of such real estate. The recorder having established such index number
system shall be the sole authority in the county to designate
and assign index numbers and may establish and maintain cross indexes of
numbers assigned with the complete legal description of the real estate
to which such numbers relate. Such index number system may be used by the
supervisor of assessments or board of assessors, as the case may be, in
counties of less than 1,000,000 population for the purposes of assessment
and collection of taxes. If a real estate index number system is being
maintained by an authority other than the recorder on September 8, 1980,
the county board may approve the adoption, modification or expansion of
such system by the recorder and the recorder shall thereafter designate and
assign all index numbers under said system. All indexes established
hereunder shall be open to public inspection and shall be made available to
the public during regular business hours.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5028) (from Ch. 34, par. 3-5028)

Sec. 3-5028.

Map making department; counties of less than
1,000,000. In counties with a population of less than 1,000,000, the
recorder, pursuant to ordinance or resolution of the county board, may
establish a map making department which shall have sole authority over the
preparation, maintenance and designation of maps and up-to-date lists of
property owners names and addresses required for use by the county,
including but not limited to, those maps and lists used for assessment
purposes.

If the recorder establishes a map making department pursuant
to such ordinance or resolution, then such department shall supersede the
authority of any other person or agency previously charged with the
responsibility for map making.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)

Sec. 3-5029.

Map, plat or subdivision of land;
penalty. No person shall offer or present for
recording or record any map, plat or subdivision of land situated in any
incorporated city, town or village, nor within 1 1/2 miles of the corporate
limits of any incorporated city, town or village which has adopted a city
plan and is exercising the special powers authorized by Division 12 of
Article 11 of the Illinois Municipal
Code, as now or hereafter amended, and not included in any municipality
unless the map, plat or subdivision is under the seal of a registered Illinois
land surveyor and unless it is entitled to record as provided in Sections
11-15-1 and 11-12-3 of the Illinois Municipal Code, as now or hereafter
amended. Any map, plat or subdivision of land presented for recording shall
have attached thereto or endorsed thereon the Certificate of an Illinois
Registered Land Surveyor that the land is or is not within any incorporated
city, town or village, nor within 1 1/2 miles of the corporate limits of
any incorporated city, town or village which has adopted a city plan and
is exercising the special powers authorized by Division 12 of Article 11 of
the Illinois Municipal Code, as now or hereafter amended, and not included
in any municipality. No person shall offer or present for recording or
record any subdivision plat of any lands bordering on or including any public
waters of the State in which the State of Illinois has any property rights
or property interests, unless such subdivision plat is under the seal of
a registered Illinois Land Surveyor and is approved by the Department of
Natural Resources, nor shall any person
offer or present for recording or record any map, plat or subdivision of
lands, without indicating whether any part of which as shown on the
map, plat or subdivision is located within a special flood hazard area as
identified by the Federal Emergency Management Agency nor shall any person
offer or present for recording or record any map, plat or subdivision of
land situated outside any incorporated city, town or village unless the
map, plat or subdivision is under the seal of a registered Illinois land
surveyor, and unless it is entitled to record as provided in Section
5-1045, however, the provisions of this Section shall not
apply to any street or highway survey map or plat. Any person who records,
or who offers or presents for recording, which offer or presentation results
in a recording of, any map, plat or subdivision of land which he knows to
be in violation of this Section shall pay to the county the sum of $200,
to be recovered in the circuit court, in the name of the state, for the
use of the county, with costs of suit.

(Source: P.A. 89-445, eff. 2-7-96.)

(55 ILCS 5/3-5030) (from Ch. 34, par. 3-5030)

Sec. 3-5030.
Deeds of sheriffs.
Deeds and other instruments affecting
real estate, made by a sheriff, executor, administrator, guardian, trustee
or other person acting on behalf of another, shall be indexed in the name
of the person whose land is sold or affected as grantor, and a note shall
be made in the index indicating in what capacity the deed was made.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)

Sec. 3-5031. Penalty. If any recorder shall willfully fail to perform
any duty imposed upon him by this Division, he shall be guilty
of malfeasance in office, and shall be punished accordingly, and shall be
liable to the party injured for all damages occasioned thereby.

(Source: P.A. 95-877, eff. 1-1-09.)

(55 ILCS 5/3-5032) (from Ch. 34, par. 3-5032)

Sec. 3-5032.
Ancient records.
All copies and transcripts of the
ancient books, records and papers, bearing date prior to the 13th of July
in the year of our Lord 1787, now in the office of the recorder of the
county of Randolph, which may be made by said recorder, from the said
papers or records, and attested by him, shall be as authentic in any court
in this State as if given by the Secretary of State; and the said recorder
shall be entitled to the same fees for such copies, transcripts and
attestations, as he is now entitled to by law for the performance of similar
services.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)

Sec. 3-5033.
County to furnish books, equipment and supplies.
The county board of each county shall from time to time, as may be
necessary, provide the recorder of such county with well-bound and properly
ruled books, and where photostating, optical disk storage, or
microfilming is used, the recorder
shall likewise be furnished all such equipment and supplies necessary to
the execution of the duties of his office. They may procure books of
printed forms to be filled up in the recording of any instrument, when the
same may be done without interlineation or erasure, and shall in all cases,
when practicable, procure the necessary index and abstract books with
printed headings. The cost of such books, equipment and supplies shall be
chargeable against the surplus fees of the office, or paid by the county.

(Source: P.A. 88-661, eff. 9-16-94.)

(55 ILCS 5/3-5034) (from Ch. 34, par. 3-5034)

Sec. 3-5034.
Transcription of records.
When it shall appear to the
county board that any books of record, entry books, indexes or abstract
books, are likely to become useless from age or much use, or are illegibly
written, defaced, or imperfectly kept, they shall cause the same to be
transcribed at the cost of the county. This Section is subject to the
provisions of “The Local Records Act”.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5035) (from Ch. 34, par. 3-5035)

Sec. 3-5035.
Failure to comply.
The receiving for record, or filing,
of any instrument by a recorder of deeds or a registrar of titles which
does not comply with the provisions of this Division shall not affect the
validity and effect of any such instrument or the constructive notice
afforded by its recordation.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036)

Sec. 3-5036.
Records open to inspection.
All records, indices,
abstract and other books kept in the office of any recorder, and all
instruments filed therein and all instruments deposited or left for
recordation therein shall, during the office hours, be open for public
inspection and examination; and all persons shall have free access for
inspection and examination to such records, indices, books and instruments,
which the recorders shall be bound to exhibit to those who wish to inspect
or examine the same; and all persons shall have the right to take memoranda
and abstracts thereof without fee or reward. This Section is subject to the
provisions of “The Local Records Act”.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5036.5)

Sec. 3-5036.5. Exchange of information for child support enforcement.

(a) The Recorder shall exchange with the
Department of Healthcare and Family Services

information that may be necessary for the enforcement
of child support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse
and
Children Act, the Non-Support Punishment Act, the Revised Uniform
Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, the Illinois
Parentage Act of 1984, or the Illinois Parentage Act of 2015.

(b) Notwithstanding any provisions in this Code to the contrary, the
Recorder shall not be liable
to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) under subsection (a)
or for any other action taken in good faith to comply with the requirements of
subsection (a).

(Source: P.A. 99-85, eff. 1-1-16.)

(55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)

Sec. 3-5037.
Instruments to be re-recorded; fee; penalty.
In all
cases where the records of any county have been or shall hereafter be
destroyed by fire or other casualty, it shall be the duty of the recorder
of such county to re-record all deeds, mortgages or other instruments in
writing which may have been recorded or filed for record prior to the
destruction of such records, together with the certificates of such
original recording, that may be filed in his office for re-recording; and
the recorder may charge and receive, as a fee for re-recording such deeds,
mortgages and other instruments aforesaid, and the certificate of such
recording, 5¢ for each 100 words or fractions thereof, and no more; and any
recorder who shall charge a greater fee than the foregoing, or who shall
refuse to re-record such instruments in writing, for the fee aforesaid,
shall be deemed guilty of malfeasance in office, and subject to all the
penalties prescribed by law for such offense.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)

Sec. 3-5038.
Judgment dockets.
In all counties where a recorder
is elected in which the recorder has heretofore been, or shall hereafter be
required by the county board to keep abstract books showing by tract every
conveyance or incumbrance recorded, the date of the instrument, the time of
filing same, the book and page where the same is recorded, and showing a
true chain of title to each tract and the incumbrances thereon, as shown by
the records of his office, such recorder shall and he is hereby authorized
to keep judgment dockets and indexes thereto, showing all judicial
proceedings affecting title to real estate in such county, tax sale books
with indexes thereto, showing sales or forfeitures of all lands in the
county for unpaid taxes and assessments, and such other books as are usual
or necessary to be kept for the purpose of making complete abstracts of
title to real estate; and the county board shall furnish such recorder with
the necessary rooms, books, stationery, fuel and lights for the purposes
herein set forth: Provided, that nothing in this Division shall be
construed to empower the recorder to prevent the public from examining and
taking memoranda from all records and instruments filed for record, indexes
and other books in his official custody, but it shall be his duty at all
times, when his office is or is required by law to be open, to allow all
persons without fee or reward to examine and take memoranda from the same.
This Section is subject to the provisions of “The Local Records Act”.

(Source: P.A. 86-962.)

(55 ILCS 5/3-5039)

Sec. 3-5039. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)

(55 ILCS 5/3-5040)

Sec. 3-5040. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)

(55 ILCS 5/3-5041)

Sec. 3-5041. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)

(55 ILCS 5/3-5042)

Sec. 3-5042. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)

(55 ILCS 5/3-5043)

Sec. 3-5043. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)

(55 ILCS 5/3-5044)

Sec. 3-5044. (Repealed).

(Source: P.A. 87-895. Repealed by P.A. 95-215, eff. 8-16-07.)

(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 his 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 wilful negligence.

(Source: P.A. 86-962.)

(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 subject to the unlawful restrictive covenant; or
(2) is a common interest community association, a condominium association, a unit owners’ association, a residential housing cooperative, or a master association of a parcel of property subject to an unlawful restrictive covenant under the following conditions:

(A) When a parcel of property subject to an unlawful restrictive covenant is in a common interest community association, condominium association, unit owners’ association, residential housing cooperative, or master association, only the board, acting through a majority vote, may execute and file a restrictive covenant modification under this Section. Removal of an unlawful restrictive covenant will not require approval of the owners or members of such association or cooperative, notwithstanding any provision of the governing documents to the contrary. As used in subparagraphs (A) through (D), “board” means the board of managers or directors or the managing trustees of any such association or cooperative.
(B) If the board receives a written request by an owner or member of the association or cooperative that the board exercise its authority to execute and file a restrictive covenant modification under this Section, the board shall, within 90 days, investigate any claim of an unlawful restrictive covenant and, if determined to be an unlawful restrictive covenant, shall execute and file a restrictive covenant modification as provided under this Section.
(C) If a board fails or refuses to execute and file a restrictive covenant modification after it receives a written request by an owner or member as provided in subparagraph (B), the owner or member who made the written request may bring an action to compel the board to file a restrictive covenant modification. Any owner or member who prevails in such an action to compel shall be entitled to recover reasonable attorneys’ fees and costs from the association or cooperative.
(D) The board shall give written notice to all owners or members of the association of the restrictive covenant modification along with a copy of such restrictive covenant modification within 21 days after receiving a recorded copy of the documents.

(1) a complete copy of the original instrument containing the unlawful restrictive covenant with the language of the unlawful restrictive covenant stricken; and
(2) a petition to modify an unlawful restrictive covenant, as provided in subsection (d).

(d) A petition to modify an unlawful restrictive covenant shall:

(1) be signed by the record owner of the property or, in the case of an entity under paragraph (2) of subsection (b), be accompanied by a certification that a majority of the governing body of the entity has agreed to the restrictive covenant modification;
(2) reference the property index number or unique parcel identification code of the property for which the original instrument containing the unlawful restrictive covenant is recorded; and
(3) include any other information that the recorder or State’s Attorney considers necessary in carrying out the requirements of this Section.

(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 the copy of the original instrument to determine: (i) whether the original instrument contains an unlawful restrictive covenant; and (ii) whether the restrictive covenant modification correctly strikes through only the language of the unlawful restrictive covenant; and
(2) return the restrictive covenant modification and copy of the original instrument to the recorder together with the State’s Attorney’s written determination.

(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 recording the restrictive covenant modification;
(2) the county may not incur any liability as a result of a determination rendered by the State’s Attorney under subsection (f); and
(3) any costs, fees, or liability that results from the unauthorized filing or recording shall be the sole responsibility of the person or entity that executed the restrictive covenant modification.

(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 one year.
(3) Is not a convicted felon.
(4) Has a certificate attesting to his or her successful completion of the Minimum Standards Basic Law Enforcement Officers Training Course as prescribed by the Illinois Law Enforcement Training Standards Board or a substantially similar training program of another state or the federal government. This paragraph does not apply to a sheriff currently serving on the effective date of this amendatory Act of the 101st General Assembly. (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 5/3-6009) (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 5/3-6016) (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.
It is unlawful for the
sheriff of any county of fewer than 1,000,000 inhabitants, or the corporate
authorities of any city, town or village to authorize, empower, employ or
permit any person to act as deputy sheriff or special policeman for the
purpose of preserving the peace, who is not a citizen of the United States.

(Source: P.A. 86-962; 87-357.)

(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.)

(55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)

Sec. 3-6036.
Powers and duties of Supervisor of Safety.
The Supervisor of Safety shall enforce all the laws of this State
and, within the municipalities in his county, the ordinances of such
municipalities relating to the regulation of motor vehicle traffic and
the promotion of safety on public highways. The Supervisor of Safety
shall advise the county board as to contracts negotiated regulating
traffic of parking areas of schools, hospitals, commercial and industrial
facilities, shopping centers and
apartment complexes outside any municipality of said county, and shall
act as its representative and agent in connection with the execution of
such contracts. In those instances where contracts are being negotiated
between municipalities and schools, hospitals, commercial and industrial
facilities, shopping centers and
apartment complexes outside the corporate limits, the Supervisor of
Safety shall advise the county board. All such contracts shall be
negotiated in the manner of section 11-209 of The Illinois Vehicle
Code. Subject to the approval
of the county board, the Supervisor of Safety may appoint assistants to
aid him in carrying out his duties. The Supervisor of Safety shall
cooperate with the State and Federal governments and agencies thereof in
programs designed to promote safety on highways.

The Supervisor of Safety in counties of less than 1,000,000 inhabitants
may enter into cooperative contractual agreements with school districts in
his county, under which the school district hires, compensates and is
liable for one or more school crossing guards, and the Supervisor of
Safety, as sheriff of the county, appoints any such guard as an auxiliary
deputy, in the manner and under the terms of Sections 3-6001 through
3-6032.

This Section is not a prohibition upon the contractual and associational
powers granted by Article VII, Section 10 of the Illinois Constitution.

(Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)

(55 ILCS 5/3-6037) (from Ch. 34, par. 3-6037)

Sec. 3-6037.
Salary of Supervisor of Safety.
The county board may allow the
Supervisor of Safety an annual salary in an amount determined by the board.

The salary determined under this Section shall be
without regard to and separate from the salary that may be
fixed by the county board for the Sheriff, and it shall be payable out of
the County Treasury.

(Source: P.A. 92-616, eff. 7-8-02.)

(55 ILCS 5/3-6038)

Sec. 3-6038. County impact incarceration program.

(a) With the approval of the county board, the sheriff in any
county with 3,000,000 or fewer inhabitants may operate an impact incarceration program for persons who would otherwise be
sentenced to serve a term of imprisonment. In order to be eligible to
participate in the impact incarceration program, a person convicted of a felony
or a misdemeanor must meet the requirements set forth in subsection (b) of
Section 5-8-1.1 of the Unified Code of Corrections.

(b) The impact incarceration program shall include, among other matters,
mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, and drug or other
counseling where appropriate.

(c) Participation in the impact incarceration program by a committed person
serving a sentence for a misdemeanor shall be for a period of at least 7 days
for each 30 days of his or her term of imprisonment as set forth by the court
in its sentencing order. If the sentence of imprisonment is less than 30 days,
participation in the impact incarceration program shall be for a period
as determined by the court.

Participation in the impact incarceration program by a committed person
serving a sentence for a felony, including a person transferred from the
Illinois Department of Corrections under subsection (f), shall be for a period
of 120 to 180 days.

The period of time a committed person shall serve in the impact incarceration
program shall not be reduced by the accumulation of good time.

(d) The committed person shall serve a term of mandatory supervised release
as set forth in subsection (d) of Section 5-8-1 of the Unified Code of Corrections, if otherwise applicable.

(e) If the sheriff accepts the offender in the program and determines
that the offender has successfully completed the impact incarceration program,
the sentence shall be reduced to time considered served upon certification to
the court by the sheriff that the offender has successfully completed the
program. In the event the offender is not accepted for placement in the impact
incarceration program or the offender does not successfully complete the
program, his or her term of imprisonment shall be as set forth by the court in
its sentencing order.

(f) The sheriff, with the approval of the county board,
shall have the power to enter into intergovernmental cooperation agreements
with the Illinois Department of Corrections under which persons in the custody
of the Illinois Department may participate in the county impact
incarceration program. No person shall be eligible for participation who does
not meet the criteria set forth in subsection (b) of Section 5-8-1.1 of the
Unified Code of Corrections. An offender who successfully completes the county
impact incarceration program shall have his or her sentence reduced to time
considered served upon certification to the court by the Illinois Department of
Corrections that the offender has successfully completed the program.

(g) The sheriff, with the approval of the county board, shall have the
power to enter into intergovernmental agreements with the Illinois Department
of Corrections to receive funding, land, services, equipment, or any other form
of economic contribution for construction, operation, and maintenance of a
regional impact incarceration program that serves 2 or more counties.

(Source: P.A. 96-328, eff. 8-11-09.)

(55 ILCS 5/3-6039)

Sec. 3-6039. County juvenile impact incarceration program.

(a) With the approval of the county board, the Department of Probation and
Court Services in any county
shall have the
power to operate a county juvenile impact incarceration program for
eligible
delinquent minors. If the court finds that a minor adjudicated a delinquent
meets the eligibility requirements of this Section, the court may in its
dispositional order approve the delinquent minor for placement in the county
juvenile impact incarceration program conditioned upon his or her acceptance
in the program by the Department of Probation and Court Services. The
dispositional order also shall provide that if the Department of Probation and
Court Services accepts the delinquent minor in the program and determines that
the delinquent minor has successfully completed the county juvenile impact
incarceration program, the delinquent minor’s detention shall be reduced to
time considered served upon certification to the court by the Department of
Probation and Court Services that the delinquent minor has successfully
completed the program. If the delinquent minor is not accepted for placement
in the county juvenile impact incarceration program or the delinquent minor
does not successfully complete the program, his or her term of commitment shall
be as set forth by the court in its dispositional order. If the delinquent
minor does not successfully complete the program, time spent in the program
does not count as time served against the time limits as set forth in
subsection (f) of this Section.

(b) In order to be eligible to participate in the county juvenile impact
incarceration program, the delinquent minor must meet all of the following
requirements:

(1) The delinquent minor is at least 13 years of age.
(2) The act for which the minor is adjudicated delinquent does not constitute a Class X felony, criminal sexual assault, first degree murder, aggravated kidnapping, second degree murder, armed violence, arson, forcible detention, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse.
(3) The delinquent minor has not previously participated in a county juvenile impact incarceration program and has not previously served a prior commitment for an act constituting a felony in a Department of Juvenile Justice juvenile correctional facility. This provision shall not exclude a delinquent minor who is committed to the Illinois Department of Juvenile Justice and is participating in the county juvenile impact incarceration program under an intergovernmental cooperation agreement with the Illinois Department of Juvenile Justice.
(4) The delinquent minor is physically able to participate in strenuous physical activities or labor.
(5) The delinquent minor does not have a mental disorder or disability that would prevent participation in the county juvenile impact incarceration program.
(6) The delinquent minor is recommended and approved for placement in the county juvenile impact incarceration program in the court’s dispositional order.

The court and the Department of Probation and Court Services may also
consider, among other matters, whether the delinquent minor has a history of
escaping or absconding, whether participation in the county juvenile impact
incarceration program may pose a risk to the safety or security of any person,
and whether space is available.

(c) The county juvenile impact incarceration program shall include, among
other matters, mandatory physical training and labor, military formation and
drills, regimented activities, uniformity of dress and appearance, education
and counseling, including drug counseling if appropriate, and must impart to
the delinquent minor principles of honor, integrity, self-sufficiency,
self-discipline, self-respect, and respect for others.

(d) Privileges of delinquent minors participating in the county juvenile
impact incarceration program, including visitation, commissary, receipt and
retention of property and publications, and access to television, radio, and a
library, may be suspended or restricted, at the discretion of the Department of
Probation and Court Services.

(e) Delinquent minors participating in the county juvenile impact
incarceration program shall adhere to all rules promulgated by the Department
of Probation and Court Services and all requirements of the program.
Delinquent minors shall be informed of rules of behavior and conduct.
Disciplinary procedures required by any other law or county ordinance are not
applicable.

(f) Participation in the county juvenile impact incarceration program by a
minor adjudicated delinquent for an act constituting a misdemeanor shall be for
a period of at least 7 days but less than 120 days as determined by the
Department of Probation and Court Services. Participation in the county
juvenile impact incarceration program by a minor adjudicated delinquent for an
act constituting a felony shall be for a period of 120 to 180 days as
determined by the Department of Probation and Court Services.

(g) A delinquent minor may be removed from the program for a violation
of the terms or conditions of the program or if he or she is for any
reason unable to participate. The Department of Probation and Court Services
shall promulgate rules governing conduct that could result in removal from the
program or in a determination that the delinquent minor has not successfully
completed the program. Delinquent minors shall have access to
these rules. The rules shall provide that the delinquent minor shall receive
notice and have the opportunity to appear before and address the
Department of Probation and Court Services or a person appointed by the
Department of Probation and Court Services for this purpose. A delinquent
minor may be transferred to any juvenile facilities prior to the hearing.

(h) If the Department of Probation and Court Services accepts the delinquent
minor in the program and determines that the delinquent minor has successfully
completed the county juvenile impact incarceration program, the court shall
discharge the minor from custody upon certification to the court by the
Department of Probation and Court Services that the delinquent minor has
successfully completed the program. In the event the delinquent minor is not
accepted for placement in the county juvenile impact incarceration program or
the delinquent minor does not successfully complete the program, his or her
commitment to the Department of Juvenile Justice or juvenile
detention shall be as set forth by the court in its dispositional order.

(i) The Department of Probation and Court Services, with the approval of the
county board, shall have the power to enter into intergovernmental cooperation
agreements
with the Illinois Department of Juvenile Justice under which
delinquent minors committed to the Illinois Department of Juvenile Justice may participate in the county juvenile impact incarceration program.
A delinquent minor who successfully completes the county juvenile impact
incarceration program shall be discharged from custody upon certification to
the court by the Illinois Department of Juvenile Justice that
the delinquent minor has successfully completed the program.

(Source: P.A. 94-696, eff. 6-1-06.)

(55 ILCS 5/3-6040)

Sec. 3-6040. Automated external defibrillators. The sheriff of each county shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that:

(1) his or her office is equipped with an operational and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act; and
(2) an adequate number of personnel in his or her office is trained to administer the automated external defibrillator in accordance with the Automated External Defibrillator Act.

(Source: P.A. 99-246, eff. 1-1-16.)

(55 ILCS 5/3-6041)

Sec. 3-6041. Military equipment surplus program.

(a) For purposes of this Section:

“Bayonet” means a large knife designed to be attached to the muzzle of a rifle, shotgun, or long gun for the purpose of hand-to-hand combat.

“Grenade launcher” means a firearm or firearm accessory used to launch fragmentary explosive rounds designed to inflict death or cause great bodily harm.

“Military equipment surplus program” means any federal or State program allowing a law enforcement agency to obtain surplus military equipment including, but not limited to, any program organized under Section 1122 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or Section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-201) or any program established under 10 U.S.C. 2576a.

“Tracked armored vehicle” means a vehicle that provides ballistic protection to its occupants and utilizes a tracked system instead of wheels for forward motion not including vehicles listed in the Authorized Equipment List as published by the Federal Emergency Management Agency.

“Weaponized aircraft, vessel, or vehicle” means any aircraft, vessel, or vehicle with weapons installed.

(b) A sheriff’s department shall not request or receive from any military equipment surplus program nor purchase or otherwise utilize the following equipment:

(1) tracked armored vehicles;
(2) weaponized aircraft, vessels, or vehicles;
(3) firearms of .50-caliber or higher;
(4) ammunition of .50-caliber or higher;
(5) grenade launchers; or
(6) bayonets.

(c) A home rule county may not regulate the acquisition of equipment in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule counties of powers and functions exercised by the State.

(d) If the sheriff requests property from a military equipment surplus program, the sheriff shall publish notice of the request on a publicly accessible website maintained by the sheriff or the county within 14 days after the request.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

(55 ILCS 5/3-6042)

Sec. 3-6042. Retiring employee; purchase of service firearm and badge. Each Sheriff shall establish a program to allow an employee of the Sheriff’s Department who is honorably retiring in good standing to purchase either one or both of the following: (1) any badge previously issued to the employee by the Sheriff’s Department; or (2) if the employee has a currently valid Firearm Owner’s Identification Card, the service firearm issued or previously issued to the employee by the Sheriff’s Department. The badge must be permanently and conspicuously marked in such a manner that the individual who possesses the badge is not mistaken for an actively serving law enforcement officer. The cost of the firearm shall be the replacement value of the firearm and not the firearm’s fair market value.

(Source: P.A. 102-719, eff. 5-6-22.)

(55 ILCS 5/Div. 3-7 heading)

Division 3-7.
Cook County Sheriff’s Merit Board

(55 ILCS 5/3-7001) (from Ch. 34, par. 3-7001)

Sec. 3-7001.
Maintenance of county police department.
The Sheriff
in each county having more than 1,000,000 inhabitants shall maintain a
division to be known as the County Police Department and to consist of such
deputy sheriffs charged with the duty of law enforcement in such county as
may be selected as hereinafter provided.

(Source: P.A. 86-962.)

(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)

Sec. 3-7002. Cook County Sheriff’s Merit Board. There is created the
Cook County Sheriff’s Merit Board, hereinafter called the Board, consisting
of not less than 3 and not more than 7 members appointed by the Sheriff with the advice and consent of
three-fifths of the county
board, except that the Sheriff may appoint 2 additional members, with the advice and
consent of three-fifths of the county board, at his or her discretion. Of the members first
appointed, one shall serve until the third Monday in March, 1965 one until the
third Monday in March, 1967, and one until the third Monday in March, 1969. Of
the 2 additional members first appointed under authority of this amendatory Act
of 1991, one shall serve until the third Monday in March, 1995, and one until
the third Monday in March, 1997.
Of the 2 additional members first appointed under the authority of this
amendatory Act of
the 91st General Assembly, one shall serve until the third Monday in March,
2005 and
one shall serve until the third Monday in March, 2006.

Upon the expiration of the terms of office of those first appointed
(including the 2 additional members first appointed under authority of
this amendatory Act of 1991 and under the authority of this amendatory Act of
the
91st General Assembly), their respective successors shall be
appointed to hold office from the third Monday in March of the year of
their respective appointments for a term of 6 years and until their
successors are appointed and qualified for a like term. As additional
members are appointed under authority of this amendatory Act of 1997, their
terms shall be set to be staggered consistently with the terms of the existing
Board members.

Notwithstanding any provision in this Section to the contrary, the term of office of each member of the Board is abolished on the effective date of this amendatory Act of the 100th General Assembly. Of the 7 members first appointed after the effective date of this Act of the 100th General Assembly, 2 shall serve until the third Monday in March 2019, 2 shall serve until the third Monday in March 2021, and 3 members shall serve until the third Monday in March 2023. The terms of the 2 additional members first appointed after the effective date of this Act of the 100th General Assembly shall be staggered consistently with the terms of the other Board members. Successors or reappointments shall be appointed to hold office for a term ending on the third Monday in March 6 years following the preceding term expiration. Each member of the Board shall hold office until his or her successor is appointed and qualified or the member is reappointed. In all appointments, the county board has the power to approve terms to ensure the Board fulfills its mandate.

In the case of a vacancy in the office of a member prior to the conclusion of the member’s term, the Sheriff shall, with the advice and consent of three-fifths of the county board, appoint a person to serve for the remainder of the unexpired term.

No more than one-half plus one of the
members of the Board shall be affiliated with the same political party. Political affiliation is determined, for purposes of this Section, as the political affiliation an appointed member has or does not have at the time the appointment is approved by the county board and shall continue to be so determined until the member discontinues serving on the Board. No member shall have held or have
been a candidate for an elective public office within one year preceding his or
her appointment.

The Sheriff may deputize members of the Board.

(Source: P.A. 100-562, eff. 12-8-17; 100-912, eff. 8-17-18.)

(55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)

Sec. 3-7003.
Compensation and expenses of board members.
Each
member of the Board shall receive compensation for
each day during which he is engaged in transacting the business of the
Board and, in addition thereto, his actual traveling and other expenses
necessarily incurred in discharging the duties of his office. No member of
the Board shall receive compensation of more than $25,000 in
any
fiscal year, except that
the Chairman shall receive compensation of no
more than $30,000 in any fiscal year. Such compensation expenses shall
be paid by the county.

(Source: P.A. 91-722, eff. 6-2-00.)

(55 ILCS 5/3-7004) (from Ch. 34, par. 3-7004)

Sec. 3-7004. Clerical and technical staff assistants and hearing officers. The Board is
authorized to employ such clerical and technical staff assistants as may be
necessary to enable the Board to transact its business and to fix their
compensation. The Board is authorized to employ hearing officers to conduct hearings under Section 3-7012. Hearing officers employed by the Board shall be qualified to hold the position as determined by the Board. Hearing officers shall be attorneys licensed to practice law in this State.

(Source: P.A. 100-912, eff. 8-17-18.)

(55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)

Sec. 3-7005.
Meetings.
As soon as practicable after the members
of the Board have been appointed, they shall meet, upon the call of the
Sheriff, and shall organize by selecting a chairman and a secretary. The
initial chairman and secretary, and their successors, shall be selected by
the Board from among its members for a term of 2 years or for the remainder
of their term of office as a member of the Board, whichever is the shorter.
Two members of the Board shall constitute a quorum for
the transaction of
business, except that as additional members are appointed under authority of
this amendatory Act of 1997, the number of members that must be present to
constitute a quorum shall be the number of members that constitute at least 40%
of the Board. The Board shall hold regular quarterly meetings and such other
meetings as may be called by the chairman.

(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; 90-655, eff.
7-30-98.)

(55 ILCS 5/3-7006) (from Ch. 34, par. 3-7006)

Sec. 3-7006.
Rules, regulations and procedures; ranks.
Pursuant
to recognized merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations and procedures for
its operation and the transaction of its business. The Board shall
establish a classification of ranks including those positions which shall
be exempt from merit classification. The Board shall establish a
classification of ranks of the deputy sheriffs in the County Police
Department, a classification of all correctional officer employees in the
County Department of Corrections, and a classification of all full-time
deputy sheriffs not employed as county police officers or county
corrections officers and shall set standards and qualifications for each
such rank and employee.

For the purposes of this Division, “full-time” means an average work week
of 40 hours throughout the calendar year.

(Source: P.A. 86-962.)

(55 ILCS 5/3-7007)

Sec. 3-7007. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 100-912, eff. 8-17-18.)

(55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)

Sec. 3-7008. Appointments. The appointment of deputy sheriffs in the
Police Department, full-time deputy sheriffs not employed as county police
officers or county corrections officers and of employees in the Department
of Corrections shall be made from those applicants who have been certified
by the Board as being qualified for appointment. Certification for
appointment in one department shall not constitute certification for
appointment in another department. Certification may be made at any point prior to appointment and may be made in conjunction with the Sheriff’s application process. All persons so appointed shall, at the
time of their appointment, be not less than 21 years of age, or 20 years of
age and have successfully completed 2 years of law enforcement studies at
an accredited college or university. Any person appointed subsequent to
successful completion of 2 years of such law enforcement studies shall not
have power of arrest, nor shall he or she be permitted to carry firearms,
until he or she reaches 21 years of age. In addition,
all persons so appointed shall be not more than the maximum age limit fixed
by the Board from time to time, be of sound mind and body, be of good moral
character, be citizens of the United States, have not been convicted of a crime
which the Board considers to be detrimental to the applicant’s ability to
carry out his or her duties, possess such prerequisites of training, education
and experience as the Board may from time to time prescribe, and shall be
required to pass successfully mental, physical, psychiatric and other tests
and examinations as may be prescribed by the Board. Preference shall be
given in such appointments to persons who have honorably served in the
military or naval services of the United States. All appointees shall serve a
probationary period of 12 months and during that period may be discharged
at the will of the Sheriff. However, civil service employees of the house
of correction who have certified status at the time of the transfer of the
house of correction to the County Department of Corrections are not subject
to this probationary period, and they shall retain their job titles, such
tenure privileges as are now enjoyed and any subsequent title changes shall
not cause reduction in rank or elimination of positions.

(Source: P.A. 100-912, eff. 8-17-18.)

(55 ILCS 5/3-7009) (from Ch. 34, par. 3-7009)

Sec. 3-7009.
Promotions.
Promotion of deputy sheriffs in the
County Police Department, full-time deputy sheriffs not employed as county
police officers or county corrections officers, and of employees in the
County Department of Corrections shall be made by the sheriff from those
candidates who have been certified to him as being qualified for promotion.
Certification for promotion in one department shall not constitute
certification for promotion in another department. The
Board shall make certifications for promotions on the basis of ascertained
merit, experience and physical, mental and other tests and examinations.
Those promoted shall serve a probationary period of 12 months and during
that period may be reduced to their former rank at the will of the Board.
Employees of the house of correction whose names, at the time of the
transfer of the house of correction to the County Department of
Corrections, appear on a civil service promotional register, shall retain
the same status insofar as their eligibility to comparable positions in the
employ of the County Department of Corrections is concerned.

(Source: P.A. 86-962.)

(55 ILCS 5/3-7010) (from Ch. 34, par. 3-7010)

Sec. 3-7010.
Rules governing appointments and promotions.
All
appointments and promotions shall be made in accordance with the provisions
of this Division and the rules and regulations of the Board without
considering the political affiliation of any applicant.

(Source: P.A. 86-962.)

(55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)

Sec. 3-7011. Disciplinary measures. Disciplinary measures
prescribed by the Board may be taken by the sheriff for the
punishment of infractions of the rules and regulations promulgated
by the Board. Such disciplinary measures may include suspension
of any deputy sheriff in the County Police Department, any
full-time deputy sheriff not employed as a county police officer
or county corrections officer and any employee in the County
Department of Corrections and any other discipline that does not constitute termination or demotion without complying with the provisions of Section 3-7012 hereof.

(Source: P.A. 100-912, eff. 8-17-18.)

(55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)

Sec. 3-7012. Removal, demotion or suspension. Except as is
otherwise provided in this Division, no deputy sheriff in
the County Police Department, no full-time deputy sheriff not employed
as a county police officer or county corrections officer and no employee in
the County Department of Corrections shall be removed, demoted or suspended
except for cause, upon written charges filed with the Board by the Sheriff
and a hearing before the Board thereon upon not less than 10 days’ notice
at a place to be designated by the chairman thereof. At such hearing, the
accused deputy sheriff shall be afforded full opportunity to be heard in
his or her own defense and to produce proof in his or her defense. The
Board shall have the power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers in
support of the charges and for the defense. The fees of witnesses for
attendance and travel shall be the same as the fees of witnesses before the
circuit courts of this State, and shall be paid in the same manner as other
expenses of the Board. Each member of the Board shall have the power to
administer oaths or affirmations. If the charges against an accused deputy
sheriff are established by a preponderance of evidence, the Board shall
make a finding of guilty and order either removal, demotion, suspension for
a period of not more than 180 days, or such other disciplinary punishment
as may be prescribed by the rules and regulations of the Board which, in
the opinion of the members thereof, the offense merits. The Board shall render its decision no later than 120 days following the conclusion of any hearings conducted under this Section. Thereupon the
sheriff shall direct such removal or other punishment as ordered by the
Board and if the accused deputy sheriff refuses to abide by any such
disciplinary order, the sheriff shall remove him or her forthwith. On and after June 1, 2018, for an appointed officer rank subject to hearing under this Section that is covered by a collective bargaining agreement, disciplinary measures and the method of review of those measures are subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process and any of the procedures laid out in this Section.

Within 21 days after the conclusion of a hearing overseen by a hearing officer appointed under Section 3-7004, the hearing officer shall issue a recommended order in writing, which shall include findings of fact and a determination of whether cause for discipline has been established by the Sheriff. The hearing officer shall also recommend whether discipline should be imposed and the level of the discipline. Any hearing officer may issue the recommended order. Within 21 days after receipt of service of the recommended order, the Sheriff and the respondent may file with the board written exceptions to any part of the order. Exceptions shall be supported by argument and served on all parties at the time they are filed. If no exceptions are filed, the recommended order shall become the order of the board without further review. The board may set any further rules in accordance with this Section.

In case of the neglect or refusal of any person to obey a subpoena
issued by the Board, any circuit court or a judge thereof, upon application
of any member of the Board, may order such person to appear before the
Board and give testimony or produce evidence, and any failure to obey such
order is punishable by the court as a contempt thereof.

(Source: P.A. 100-912, eff. 8-17-18.)

(55 ILCS 5/3-7013) (from Ch. 34, par. 3-7013)

Sec. 3-7013.
Political activities.
No deputy sheriff in the County
Police Department and no employee in the County Department of Corrections
shall participate in any manner in the activities or interests of any
political party or of any candidate for public office or for the nomination
therefor, nor participate in any manner in any political campaign for the
nomination or election of candidates for public office. Violation of any
provision hereof shall be cause for removal of any deputy sheriff or
employee so offending. Nothing contained herein shall be deemed to
interfere with the right of any person to vote for any candidate and upon
any issue as his reason and conscience may dictate.

(Source: P.A. 86-962.)

(55 ILCS 5/3-7014) (from Ch. 34, par. 3-7014)

Sec. 3-7014.
Appropriations.
A sufficient sum of money shall be
appropriated each year by the county board to carry out the provisions of
this Division in the county.

(Source: P.A. 86-962.)

(55 ILCS 5/3-7015) (from Ch. 34, par. 3-7015)

Sec. 3-7015.
Investigations by Board.
The Board shall investigate
the enforcement of this Division and its rules, and the conduct and action
of the appointees herein provided for. In the course of such investigation
each member of the Board is empowered to administer oaths, and the Board
has the power to secure by subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to such
investigations.

(Source: P.A. 86-962.)

(55 ILCS 5/3-7016) (from Ch. 34, par. 3-7016)

Sec. 3-7016.
Certification of appointments, vacancies and findings.
The Board shall certify to the county clerk or other auditing officers,
all appointments to offices and places as may be classified, and all
vacancies occurring therein, whether by dismissal, resignation, or death,
and all findings made or approved by the Board under the provisions of
Section 3-7012, that a person may be discharged from the classified service.

(Source: P.A. 86-962.)

(55 ILCS 5/3-7017) (from Ch. 34, par. 3-7017)

Sec. 3-7017.
Payments of salaries or wages.
No county clerk,
comptroller or other auditing officer of the county shall approve the
payment of, or be in any manner concerned in paying salary or wages to any
person for services as an officer or employee of the county unless such
person is occupying an office or place of employment according to the
provisions of law and is entitled to payment.

(Source: P.A. 86-962.)

(55 ILCS 5/Div. 3-8 heading)

Division 3-8.
Sheriff’s Merit System

(55 ILCS 5/3-8001) (from Ch. 34, par. 3-8001)

Sec. 3-8001.
Subtitle.
This Division shall be subtitled
the “Sheriff’s Merit System Law”.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002)

Sec. 3-8002.
Applicability and adoption.
The
county board of every county having a county police department
merit board established under “The County Police Department Act”,
approved August 7, 1967, as amended (repealed), or a merit commission for
sheriff’s personnel established under Section 58.1 of “An Act to
revise the law in relation to counties”, approved March 31, 1874, as
amended (repealed), shall adopt and implement the merit system provided
by this Division and shall modify the merit system now in
effect in that county as may be necessary to comply with this Division.

The county board of any county having a population of less than 1,000,000
which does not have a merit board or merit commission for
sheriff’s personnel may adopt and implement by ordinance the merit system
provided by this Division. If the county board does not adopt
such a merit system by an ordinance and if a petition signed by not fewer
than 5% or 1000, whichever is less, of the registered electors of any such
county is filed with the county clerk requesting a referendum on the
adoption of a merit system for deputies in the office of the Sheriff, the
county board shall, by appropriate ordinance, cause the question to be
submitted to the electors of the county, at a special or general election
specified in such ordinance, in accordance with the provisions of Section
28-3 of “The Election Code”, approved May 11, 1943, as now or hereafter
amended. Notice of the election shall be given as provided in Article 12
of such code. If a majority of those voting on the proposition at such
election vote in favor thereof, the county board shall adopt and implement
a merit system provided in this Division. When a merit board or merit
commission for sheriff’s personnel has been established in a county, it may
be abolished by the same procedure in which it was established.

This Division does not apply to any county having a population of more
than 1,000,000 nor to any county which has not elected to adopt the merit
system provided by this Division and which is not required to do so under this Section.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8003) (from Ch. 34, par. 3-8003)

Sec. 3-8003.
Appointment of Merit Commission.
Any
ordinance providing for the adoption and implementation of a merit system
under this Division shall provide for the appointment of a
Sheriff’s Office Merit Commission consisting of 3 or 5 members appointed
by the sheriff with the approval of a majority of the members of the county
board. If the sheriff fails to make the appointments within 60 days after
the adoption of the ordinance, the members of the commission shall be appointed
by the chairman of the county board with the approval of a majority of the
members of the county board. No member of the commission shall hold a
statutory partisan political office.

Of the initial appointments to a 3-member Commission, one shall
be for a term of 2 years, one for a term of 4 years and one for a term
of 6 years. Of the initial appointments to a 5-member Commission, one shall
serve for a term of 2 years, one for a term of 3 years, one for a term of
4 years, one for a term of 5 years, and one for a term of 6 years. If a
3-member Commission is increased to a 5-member Commission, the additional
members shall be appointed to serve for terms of 3 and 5 years, respectively.
The respective successors of the initial members shall be appointed in the
same manner as the original appointments for 6 year terms.

If a vacancy occurs in the office of a commissioner, the
sheriff, with the approval of a majority of the members of the
county board, shall appoint a suitable person to serve
the unexpired portion of that commissioner’s term. If the sheriff fails
to appoint a person to fill the vacancy within 30 days, the chairman of
the county board shall appoint a person to fill the unexpired portion of
the term, with the approval of a majority of the members of the county board.

In a 3-member Commission, no more than 2 of the members appointed may be
affiliated with the same political party. In a 5-member Commission, no
more than 3 members may be affiliated with the same political party.

However, in any county which has created a merit board or merit commission
for sheriff’s employees under prior law, the members of that board or
commission shall serve out the unexpired portions of their respective terms
and shall carry out their duties in accordance with this Division.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8004) (from Ch. 34, par. 3-8004)

Sec. 3-8004.
Removal of Merit Commission.
No member of a Merit
Commission shall be removed except for palpable incompetence or malfeasance
in office upon written charges filed by or at the direction of the sheriff
or the county board and heard before the Board of Hearings provided for in
this Section. The chief judge for the judicial circuit in which the county
is situated and the 2 circuit judges who have longest held judicial office
shall constitute the Board of Hearing. If 2 or more circuit judges have
held judicial office for the same longest or next longest length of time,
choice among those circuit judges shall be made by lot. If there are only
2 circuit judges in the circuit embracing the county, then those 2 judges
shall select the third member of the Board of Hearing from among the
circuit judges in contiguous circuits.

The Board of Hearings shall hear and determine the charges and its
findings shall be final. If the charges are sustained, the member of the
Commission so charged shall be forthwith removed from office by the Board
of Hearings and the sheriff with the approval of a majority of the members
of the county board shall thereupon proceed to fill the vacancy created by
such removal. In any proceeding provided for in this Section, the Board of
Hearings and each member thereof, shall have power to administer oaths and
to compel by subpoena the attendance and testimony of witnesses and the
production of books and papers.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8005) (from Ch. 34, par. 3-8005)

Sec. 3-8005.
Meetings; officers.
As soon as practicable after the
members of the Merit Commission have been appointed, the sheriff shall call
the first meeting and they shall meet and organize by selecting a chairman,
a vice chairman and a secretary. The initial officers and their successor
shall be selected by the Commission from among its members for a term of 2
years or for the remainder of their term of office as a member of the
Commission, whichever is shorter. Two members of a three-member
Commission, or 3 members of a five-member Commission, shall constitute a
quorum for the transaction of business. The Commission shall hold regular
quarterly meetings and such other meetings as may be called by the Commission.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8006) (from Ch. 34, par. 3-8006)

Sec. 3-8006.
Appropriations.
A sufficient sum of
money shall be provided each year by the county board to carry out the
provisions of this Division. The county board may establish
per diem compensation for members of the Commission and shall allow
reimbursement for reasonable and necessary expenses.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8007) (from Ch. 34, par. 3-8007)

Sec. 3-8007. Duties and jurisdiction of commission. The Merit
Commission shall have the duties, pursuant to recognized merit principles
of public employment, of certification for employment and promotion, and,
upon complaint of the sheriff or State’s Attorney as limited in this
Division, to discipline or discharge as the circumstances may warrant. All
full time deputy sheriffs shall be under the jurisdiction of this Act and
the county board may provide that other positions, including jail officers,
as defined in “An Act to revise the law in relation to jails and jailers”,
approved March 3, 1874, as now or hereafter amended (repealed), shall be
under the jurisdiction of the Commission. There may be exempted from
coverage by resolution of the county board a “chief deputy” or “chief
deputies” who shall be vested with all authorities granted to deputy
sheriffs pursuant to Section 3-6015. “Chief Deputy” or “Chief Deputies” as
used in this Section include the personal assistant or assistants of the
sheriff whether titled “chief deputy”, “undersheriff”, or “administrative
assistant”.

(Source: P.A. 99-642, eff. 7-28-16.)

(55 ILCS 5/3-8008) (from Ch. 34, par. 3-8008)

Sec. 3-8008.
Prior appointments.
Notwithstanding anything in this
Division to the contrary, any person certified pursuant to a merit system
in effect before January 1, 1981 shall remain under the jurisdiction of the
Commission. Any certified person appointed and serving before January 1,
1981 shall not be subject to the provisions of Section 3-8010.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8009) (from Ch. 34, par. 3-8009)

Sec. 3-8009.
Rules and regulations.
Pursuant to
recognized merit principles of public employment, the Commission
shall formulate, adopt and put into effect, rules, regulations and
procedures for its operation and the transaction of its business.

The Commission shall set standards and qualifications for each class.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8010) (from Ch. 34, par. 3-8010)

Sec. 3-8010.
Certification of applicants.
The appointment of
all personnel subject to the jurisdiction of the Merit Commission shall
be made by the sheriff from those applicants who have been certified by
the Commission as being qualified for appointment. A Commission may, by
its rules and regulations, set forth the minimum requirements for
appointment to any position. In addition, the Commission’s review of any
application may include examinations, investigations or any other method
consistent with recognized merit principles, which in the judgment of the
Commission is reasonable and practical for any particular classification.
Different examining procedures may be set for the examinations in different
classifications but all examinations in the same classification shall be
uniform. However, the Merit Commission may by regulation provide that
applicants who have served with another sheriff’s office, a police
department, or any other law enforcement agency, or who are graduate law
enforcement interns as defined in the Law Enforcement Intern Training Act,
may be exempt from one or more of the minimum requirements for appointment.
Preference may be given in such appointments to persons who have honorably
served in the military or naval services of the United States.

The sheriff shall make appointments from those persons certified
by the Commission as qualified for appointment. If the sheriff rejects
any person so certified, the sheriff shall notify the Commission in writing
of such rejection.

The rules and regulations of a Commission shall provide that all
initial appointees shall serve a probationary period of 12 months during
which time they may be discharged at the will of the sheriff.

(Source: P.A. 92-83, eff. 7-12-01.)

(55 ILCS 5/3-8011) (from Ch. 34, par. 3-8011)

Sec. 3-8011.
Certification for promotion.
Whenever a position
in a higher rank is to be filled, the Merit Commission shall certify
to the sheriff the names of eligible persons who stand highest upon
the promotional register for the rank to which the position belongs.
The Commission shall make certifications for promotion on the basis
of ascertained merit, seniority of service, and physical and other
qualifying examinations.

The sheriff shall appoint from those whose names were certified.
If the sheriff rejects all persons so certified, he shall state his
reasons for such refusal in writing to the Commission.

All vacancies in all ranks of deputy sheriff above the
lowest shall be filled by promotion, except that the Merit
Commission may by regulation provide that a former sheriff may
be appointed by a successor sheriff of the same county
to any rank after he has been certified by the Commission or
that applicants who have served with another sheriff’s
office, a police department, or any other law enforcement agency,
may be given credit for time so served and may receive
an initial appointment to a rank above the lowest.

Persons appointed to a higher rank shall be on probation in such
higher rank for a period of 12 months. Such appointees may be
demoted by the sheriff to their former rank at any time during the
period of probation, if, in the opinion of the sheriff, they have
failed to demonstrate the ability and the qualifications necessary
to furnish satisfactory service.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8012) (from Ch. 34, par. 3-8012)

Sec. 3-8012.
Political affiliation.
All appointments and promotions
shall be made in accordance with the provisions of this Division and the rules
and regulations of the Commission, without consideration of the political
affiliation of any applicant.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8013) (from Ch. 34, par. 3-8013)

Sec. 3-8013. Disciplinary measures. Disciplinary measures for actions
violating either the rules and regulations of the Commission or the internal
procedures of the sheriff’s office may be taken by the sheriff. Such
disciplinary measures may include suspension of any certified person for
reasonable periods, not exceeding a cumulative
30 days in any 12-month period. However, on and after June 1, 2007, in any sheriff’s office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process.

(Source: P.A. 95-136, eff. 1-1-08.)

(55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)

Sec. 3-8014. Removal, demotion or suspension. Except as is otherwise
provided in this Division, no certified person shall be removed, demoted or
suspended except for cause, upon written charges filed with the Merit
Commission by the sheriff. Upon the filing of such a petition, the sheriff
may suspend the certified person pending the decision of the Commission on
the charges. After the charges have been heard, the Commission may direct
that the person receive his pay for any part or all of this suspension
period, if any.

The charges shall be heard by the Commission upon not less
than 14 days’ certified notice. At such hearing, the accused certified
person shall be afforded full opportunity to be represented by
counsel, to be heard in his own defense and to produce proof
in his defense. Both the Commission and the sheriff may be
represented by counsel. The State’s Attorney of the applicable
county may advise either the Commission or the sheriff. The
other party may engage private counsel to advise it.

The Commission shall have the power to secure by
its subpoena both the attendance and testimony of witnesses
and the production of books and papers in support of the charges
and for the defense. Each member of the Commission shall have
the power to administer oaths.

If the charges against an accused person are established
by the preponderance of evidence, the Commission shall
make a finding of guilty and order either removal, demotion, loss
of seniority, suspension for a period of not more than 180 days,
or such other disciplinary punishment as may be prescribed by the
rules and regulations of the Commission which, in the opinion
of the members thereof, the offense justifies. If the charges against
an accused person are not established by the preponderance of
evidence, the Commission shall make a finding of not guilty and
shall order that the person be reinstated and be paid his
compensation for the suspension period, if any, while awaiting
the hearing. The sheriff shall take such action as may be ordered
by the Commission. However, on and after June 1, 2007, in any sheriff’s office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process and any of the procedures laid out in this Section.

The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of any order of the
Commission rendered pursuant to this Section. The plaintiff shall pay the
reasonable cost of preparing and certifying the record for judicial review.
However, if the plaintiff prevails in the judicial review proceeding, the
court shall award to the plaintiff a sum equal to the costs paid by the
plaintiff to have the record for judicial review prepared and certified.

(Source: P.A. 95-136, eff. 1-1-08.)

(55 ILCS 5/3-8015) (from Ch. 34, par. 3-8015)

Sec. 3-8015.
Subpoenas; witnesses’ fees; perjury.
Any person
who shall be served with a subpoena to appear and testify, or to
produce books and papers, issued by the Merit Commission, or
by any member thereof, and who shall refuse or neglect to
appear, or to testify, or to produce books and papers
relevant to such investigation, as commanded in the
subpoena, shall be guilty of a Class B misdemeanor.

The fees of witnesses for attendance and travel shall
be the same as the fees of witnesses before the circuit court
of this State.

Any circuit court of this State, or any judge thereon,
upon application of any member of the Commission, or any person
acting under the orders of the Commission, may, in his discretion,
compel the attendance of witnesses, the production of books and
papers, and giving of testimony before the Commission by an
Attachment for Contempt or otherwise in the same manner as
production of evidence may be compelled before the court. Every
person who, having taken oath or made affirmation before a member of the
Commission, shall willfully swear or affirm falsehoods, shall be
guilty of perjury and upon conviction shall be punished accordingly.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8016) (from Ch. 34, par. 3-8016)

Sec. 3-8016.
Reports to Merit Commission.
The sheriff shall promptly
notify the Merit Commission of all appointments, permanent or temporary,
all promotions, suspensions, resignations or vacancies from any cause, and
a record of the same shall be kept by the Commission. The sheriff shall
prepare and furnish to the Commission annual efficiency reports for each
person covered by merit system. The sheriff shall also furnish the
Commission copies of all letters of commendation, academic achievements
and reprimand and such other reports as the Commission may reasonably
request.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8017) (from Ch. 34, par. 3-8017)

Sec. 3-8017.
Enforcement of orders.
If any provision of this
Division or any order of the Merit Commission is violated by any person,
regardless of whether that person’s employment is under the jurisdiction of
the Division, the Commission may apply to the circuit court for relief by
injunction, mandamus or any other proper relief. The State’s Attorney of
the county where the violation occurred shall prosecute such action.
Whenever the State’s Attorney for the county where a violation is alleged
to have occurred refuses to prosecute the action, or fails to begin to
prosecute such action within 30 days after the date the Commission brings
the matter to his attention, the Commission may retain special counsel of
its own choice to prosecute such action.

(Source: P.A. 86-962.)

(55 ILCS 5/3-8018) (from Ch. 34, par. 3-8018)

Sec. 3-8018.
Multi-county operation.
The county
boards of 2 or more counties may, by enactment of uniform reciprocal
ordinances consistent with this Division create a multi-county
Merit Commission which shall be subject to this Division.

(Source: P.A. 86-962.)

(55 ILCS 5/Div. 3-9 heading)

Division 3-9.
State’s Attorney

(55 ILCS 5/3-9001) (from Ch. 34, par. 3-9001)

Sec. 3-9001. Oath; bond. Before entering upon the respective
duties of their office, the state’s attorneys shall each be commissioned by
the governor, and shall take the following oath or affirmation:

I do solemnly swear (or affirm, as the case may be), that I will support
the constitution of the United States and the constitution of the state of
Illinois, and that I will faithfully discharge the duties of the office
of state’s attorney according to the best of my ability.

Each State’s attorney shall also execute a bond, to the People of the
State of Illinois, (or, if the county is self-insured, the county through its
self-insurance program may provide bonding) with good and sufficient
securities in the penal sum of $5,000, to be approved by the circuit court for
the respective county, which approval shall be indorsed upon the bond. The
bond, with the approval thereof indorsed, shall be entered of record in the
circuit court, and then forwarded by the county clerk to the secretary of
state, to be filed in the Secretary of State’s office. Each of the bonds shall be conditioned upon
the faithful discharge of the duties of the office, and the paying over all
moneys as provided by law, which bond shall run to and be for the benefit of
the state, county, corporation or person injured by a breach of any of the
conditions thereof.

(Source: P.A. 102-56, eff. 7-9-21.)

(55 ILCS 5/3-9002) (from Ch. 34, par. 3-9002)

Sec. 3-9002. Commencement of duties. The State’s attorney shall
enter upon the duties of the office on the first day in the month of
December following the election of the State’s Attorney on which the State’s attorney’s office is
required, by statute or by action of the county board, to be open.

(Source: P.A. 102-56, eff. 7-9-21.)

(55 ILCS 5/3-9003) (from Ch. 34, par. 3-9003)

Sec. 3-9003.
Additional bond.
Whenever the circuit court shall deem
the bond filed by any State’s attorney insufficient, the circuit court may
require additional bond, in any penalty not exceeding that specified in
Section 3-9001.

(Source: P.A. 86-962.)

(55 ILCS 5/3-9004) (from Ch. 34, par. 3-9004)

Sec. 3-9004. Failure to give bond or take oath. If any person
elected to the office of State’s attorney shall fail to give bond, or take
the oath required of the State’s Attorney, within twenty days after the person is declared elected,
the office shall be deemed vacant, and if, being required to give
additional bond, as provided in Section 3-9003 hereof, the person fails to do so
within twenty days after notice of such requirements, the State’s Attorney office may, in the
discretion of the governor, be declared vacant and filled as provided by law.

(Source: P.A. 102-56, eff. 7-9-21.)

(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)

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

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

(1) To commence and prosecute all actions, suits, indictments and prosecutions, civil and criminal, in the circuit court for the county, in which the people of the State or county may be concerned.
(2) To prosecute all forfeited bonds and recognizances, and all actions and proceedings for the recovery of debts, revenues, moneys, fines, penalties and forfeitures accruing to the State or the county, or to any school district or road district in the county; also, to prosecute all suits in the county against railroad or transportation companies, which may be prosecuted in the name of the People of the State of Illinois.
(3) To commence and prosecute all actions and proceedings brought by any county officer in the county officer’s official capacity.
(4) To defend all actions and proceedings brought against the county, or against any county or State officer, in the county or State officer’s official capacity, within the county.
(5) To attend the examination of all persons brought before any judge on habeas corpus, when the prosecution is in the county.
(6) To attend before judges and prosecute charges of felony or misdemeanor, for which the offender is required to be recognized to appear before the circuit court, when in the State’s Attorney’s power so to do.
(7) To give the State’s Attorney’s opinion, without fee or reward, to any county officer in the county, upon any question or law relating to any criminal or other matter, in which the people or the county may be concerned.
(8) To assist the Attorney General whenever it may be necessary, and in cases of appeal from the county to the Supreme Court, to which it is the duty of the Attorney General to attend, the State’s Attorney shall furnish the Attorney General at least 10 days before such is due to be filed, a manuscript of a proposed statement, brief and argument to be printed and filed on behalf of the people, prepared in accordance with the rules of the Supreme Court. However, if such brief, argument or other document is due to be filed by law or order of court within this 10-day period, then the State’s Attorney shall furnish such as soon as may be reasonable.
(9) To pay all moneys received by the State’s Attorney in trust, without delay, to the officer who by law is entitled to the custody thereof.
(10) To notify, by first class mail, complaining witnesses of the ultimate disposition of the cases arising from an indictment or an information.
(11) To perform such other and further duties as may, from time to time, be enjoined on the State’s Attorney by law.
(12) To appear in all proceedings by collectors of taxes against delinquent taxpayers for judgments to sell real estate, and see that all the necessary preliminary steps have been legally taken to make the judgment legal and binding.
(13) To notify, by first-class mail, the State Superintendent of Education, the applicable regional superintendent of schools, and the superintendent of the employing school district or the chief school administrator of the employing nonpublic school, if any, upon the conviction of any individual known to possess a certificate or license issued pursuant to Article 21 or 21B, respectively, of the School Code of any offense set forth in Section 21B-80 of the School Code or any other felony conviction, providing the name of the certificate holder, the fact of the conviction, and the name and location of the court where the conviction occurred. The certificate holder must also be contemporaneously sent a copy of the notice.

(b) The State’s Attorney of each county shall have authority to
appoint one or more special investigators to serve subpoenas and summonses, make return
of process, and conduct investigations which assist the State’s Attorney in
the performance of the State’s Attorney duties. In counties of the first and second class, the fees for service of subpoenas and summonses are allowed by this Section and shall be consistent with those set forth in Section 4-5001 of this Act, except when increased by county ordinance as provided for in Section 4-5001. In counties of the third class, the fees for service of subpoenas and summonses are allowed by this Section and shall be consistent with those set forth in Section 4-12001 of this Act. 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.

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

No special investigator employed by the State’s Attorney shall have peace
officer status or exercise police powers unless the special investigator 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 special
investigator’s prior law enforcement experience or training or both. Any
State’s Attorney appointing a special investigator shall consult with all
affected local police agencies, to the extent consistent with the public
interest, if the special investigator is assigned to areas within that
agency’s jurisdiction.

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

(c) The State’s
Attorney may request and receive from employers, labor unions, telephone
companies, and utility companies
location information concerning putative fathers and noncustodial parents for
the purpose of establishing a child’s paternity or establishing, enforcing, or
modifying a child support obligation. In this subsection, “location
information”
means information about (i) the physical whereabouts of a putative father or
noncustodial parent, (ii) the putative father or noncustodial parent’s
employer, or
(iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative father or
noncustodial parent
or by a labor union of which the putative father or noncustodial parent is a
member.

(d) (Blank).

(e) The State’s Attorney shall have the authority to enter into a written
agreement with the Department of Revenue for pursuit of civil
liability under subsection (E) of Section 17-1 of the Criminal Code of 2012 against persons who
have issued to the Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1 of the Criminal
Code of 2012, with the Department to retain the amount owing upon the
dishonored check or order along with the dishonored check fee imposed under the
Uniform Penalty and Interest Act, with the balance of damages, fees, and costs
collected under subsection (E) of Section 17-1 of the Criminal Code of 2012 or under Section 17-1a of that Code to be retained by
the State’s Attorney. The agreement shall not affect the allocation of fines
and costs imposed in any criminal prosecution.

(f) In a county with less than 2,000,000 inhabitants, and only upon receipt of a written request by the superintendent of the county Veterans Assistance Commission for the county in which the State’s Attorney is located, the State’s Attorney shall have the discretionary authority to render an opinion, without fee or reward, upon any question of law relating to a matter in which the county Veterans Assistance Commission may be concerned. The State’s Attorney shall have the discretion to grant or decline such a request.

(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)

(55 ILCS 5/3-9006) (from Ch. 34, par. 3-9006)

Sec. 3-9006. Internal operations of office; simultaneous county board tenure.

(a) Internal operations of the office. The State’s Attorney
shall control the internal operations of the State’s Attorney’s office and procure the
necessary equipment, materials, and services to perform the duties of that
office.

(b) Simultaneous county board tenure. A duly appointed Assistant State’s Attorney may serve as an Assistant State’s Attorney and, simultaneously, serve as a county board member for a county located outside of the jurisdiction of the State’s Attorney Office that the Assistant State’s Attorney serves. An Assistant State’s Attorney serving as a county board member is subject to any internal mechanisms established by the State’s Attorney to avoid conflicts of interest in the performance of the individual’s duties as an Assistant State’s Attorney.

(Source: P.A. 102-56, eff. 7-9-21.)

(55 ILCS 5/3-9007) (from Ch. 34, par. 3-9007)

Sec. 3-9007. Home rule unit liquor tax ordinance; prosecutions. Where any county, municipality or other unit of local government has
adopted any ordinance or other regulation imposing a tax upon the privilege
of engaging in business as a manufacturer, importing distributor, retailer
or distributor of beer, alcohol or other spirits, pursuant to its home rule
powers under Article VII, Section 6 of the Constitution of the State of
Illinois, nothing shall prohibit a State’s attorney from prosecuting any
offense under the Criminal Code of 1961 or the Criminal Code of 2012 which may also constitute a
violation of the applicable ordinance or regulation.

(Source: P.A. 97-1150, eff. 1-25-13.)

(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)

Sec. 3-9008. Appointment of attorney to perform duties.

(a) (Blank).

(a-5) The court on its own motion, or an interested person in a cause or proceeding, civil or criminal, may file a petition alleging that the State’s Attorney is sick, absent, or unable to fulfill the State’s Attorney’s duties. The court shall consider the petition, any documents filed in response, and if necessary, grant a hearing to determine whether the State’s Attorney is sick, absent, or otherwise unable to fulfill the State’s Attorney’s duties. If the court finds that the State’s Attorney is sick, absent, or otherwise unable to fulfill the State’s Attorney’s duties, the court may appoint some competent attorney to prosecute or defend the cause or proceeding.

(a-10) The court on its own motion, or an interested person in a cause, proceeding, or other matter arising under the State’s Attorney’s duties, civil or criminal, may file a petition alleging that the State’s Attorney has an actual conflict of interest in the cause, proceeding, or other matter. The court shall consider the petition, any documents filed in response, and if necessary, grant a hearing to determine whether the State’s Attorney has an actual conflict of interest in the cause, proceeding, or other matter. If the court finds that the petitioner has proven by sufficient facts and evidence that the State’s Attorney has an actual conflict of interest in a specific case, the court may appoint some competent attorney to prosecute or defend the cause, proceeding, or other matter.

(a-15) Notwithstanding subsections (a-5) and (a-10) of this Section, the State’s Attorney may file a petition to recuse the State’s Attorney from a cause or proceeding for any other reason the State’s Attorney deems appropriate and the court shall appoint a special prosecutor as provided in this Section.

(a-20) Prior to appointing a private attorney under this Section, the court shall contact public agencies, including, but not limited to, the Office of Attorney General, Office of the State’s Attorneys Appellate Prosecutor, or local State’s Attorney’s Offices throughout the State, to determine a public prosecutor’s availability to serve as a special prosecutor at no cost to the county and shall appoint a public agency if they are able and willing to accept the appointment. An attorney so appointed shall have the same power and authority in relation to the cause or proceeding as the State’s Attorney would have if present and attending to the cause or proceedings.

(b) In case of a vacancy of more than one year
occurring in any county in the office of State’s attorney, by death,
resignation or otherwise, and it becomes necessary for the transaction
of the public business, that some competent attorney act as State’s
attorney in and for such county during the period between the time of
the occurrence of such vacancy and the election and qualification of a
State’s attorney, as provided by law, the vacancy shall be filled upon
the written request of a majority of the circuit judges of the circuit
in which is located the county where such vacancy exists, by appointment
as provided in the Election Code of some competent attorney to perform
and discharge all the duties of a State’s attorney in the said county,
such appointment and all authority thereunder to cease upon the election
and qualification of a State’s attorney, as provided by law. Any
attorney appointed for any reason under this Section shall
possess all the powers and discharge all the
duties of a regularly elected State’s attorney under the laws of the
State to the extent necessary to fulfill the purpose of such
appointment, and shall be paid by the county the State’s Attorney serves not to exceed in
any one period of 12 months, for the reasonable amount of time actually
expended in carrying out the purpose of such appointment, the same compensation
as provided by law for the State’s attorney of the county, apportioned,
in the case of lesser amounts of compensation,
as to the time of service reasonably and actually expended. The county shall participate in all agreements on the rate of compensation of a special prosecutor.

(c) An order granting authority to a special prosecutor must be construed strictly and narrowly by the court. The power and authority of a special prosecutor shall not be expanded without prior notice to the county. In the case of the proposed expansion of a special prosecutor’s power and authority, a county may provide the court with information on the financial impact of an expansion on the county. Prior to the signing of an order requiring a county to pay for attorney’s fees or litigation expenses, the county shall be provided with a detailed copy of the invoice describing the fees, and the invoice shall include all activities performed in relation to the case and the amount of time spent on each activity.

(Source: P.A. 102-56, eff. 7-9-21; 102-657, eff. 1-1-22; 102-813, eff. 5-13-22.)

(55 ILCS 5/3-9009) (from Ch. 34, par. 3-9009)

Sec. 3-9009. Private fee and employment prohibited. The State’s
attorney shall not receive any fee or reward from or in behalf of any
private person for any services within the State’s Attorney’s official duties and shall not be
retained or employed, except for the public, in a civil case depending upon
the same state of facts on which a criminal prosecution shall depend.

(Source: P.A. 102-56, eff. 7-9-21.)

(55 ILCS 5/3-9010) (from Ch. 34, par. 3-9010)

Sec. 3-9010.
State’s Attorney serving 2 or more counties.
Whenever the county boards of 2 or more counties desire that one State’s
attorney be elected to serve such counties, as authorized in Section 19 of
Article VI of the Constitution, each such county board shall adopt a
resolution to the effect that the question of electing one State’s attorney
for such counties be submitted to the electors of the respective counties
at the next general election in November of an even-numbered year other
than a year in which State’s attorneys are regularly elected. Notice of the
adoption of such resolution shall be certified to the county
clerk of each of the counties and to any board of election commissioners
in any of such counties, who shall submit the question to the voters in
accordance with the general election law.

(Source: P.A. 86-962.)

(55 ILCS 5/3-9011) (from Ch. 34, par. 3-9011)

Sec. 3-9011.
Form of proposition; election.
The
proposition shall be in substantially the following form:

————————————————————–

Shall one State’s Attorney YES

be elected to serve the counties —————————-

of …. and ….? NO

————————————————————–

If a majority of the votes cast on the question in each county is in
favor thereof, one State’s attorney shall be elected for such counties at
the next general election at which State’s Attorneys are elected, and every
four years thereafter.

(Source: P.A. 86-962.)

(55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)

Sec. 3-9012. Compensation. A State’s attorney who serves 2 or more counties shall receive such
compensation from the State Treasury as is provided by law for the State’s
attorney of a single county. The State’s Attorney shall be paid by the counties such
compensation as may be agreed upon by the county boards within the salary
range prescribed by law applicable to a single county with a population
equal to the combined population of the counties the State’s Attorney serves. Unless the
county boards agree upon a lesser amount, the State’s Attorney shall be paid the highest
permissible salary within such range. The amount to be paid by the counties
shall be apportioned among them on the basis of their population.
Seventy-five percent (75%) of the amount provided by law to be paid from
the State treasury for the services of the State’s attorney in the case of
a single county is payable to each of the counties served by the same
State’s attorney, except that the amounts paid to those counties under this
Section in any year may not exceed, in the aggregate, the annual salary
paid to that State’s attorney from both county and State funds, in which
case reduction of the State’s contribution to each county shall be reduced
proportionately according to population of each participating county.

(Source: P.A. 102-56, eff. 7-9-21.)

(55 ILCS 5/3-9013)

Sec. 3-9013. Pension funds; job-related felony. If an employee who is covered under a retirement system or pension fund created under the Illinois Pension Code is convicted of a felony relating to or arising out of or in connection with the employment for which the employee is covered under the retirement system or pension fund, the State’s Attorney must notify the board of trustees for that retirement system or pension fund.

(Source: P.A. 95-836, eff. 8-15-08.)

(55 ILCS 5/Div. 3-10 heading)

Division 3-10.
Treasurer

(55 ILCS 5/3-10001) (from Ch. 34, par. 3-10001)

Sec. 3-10001.
Election of county treasurer; commencement of duties.
In all counties there shall be an elected treasurer who shall hold
office until his successor shall be qualified. He shall enter upon the
duties of his office on the first day in the month of December following
his election on which the office of the county treasurer is required, by
statute or by action of the county board, to be open.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10002) (from Ch. 34, par. 3-10002)

Sec. 3-10002.
Oath.
Each treasurer, before entering upon the duties
of his office shall take and subscribe to the oath or affirmation
prescribed by Section 3, Article XIII of the Constitution which shall be
filed with the county clerk.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10003) (from Ch. 34, par. 3-10003)

Sec. 3-10003.
Bond; form.
Each County treasurer, before he or she
enters upon the duties of his or her office, shall also execute a bond (or,
if the county is self-insured, the county through its self-insurance program
may provide bonding) in such penalty and with such security as the county board
shall deem sufficient, which bond in every county now having or which may
hereafter have a population of 500,000 or more shall be in a penal sum of not
less than $1,500,000. Such bond shall be in substance in the following form
to-wit:

We, (A.B.), principal, and (C.D. and E.F.), sureties, all of the county
of …. and State of Illinois, are obligated to the People of the State of
Illinois in the penal sum of $…., for the payment of which, we obligate
ourselves, each of us, our heirs, executors and administrators, successors
and assigns.

The condition of the above bond is such, that if the above obligated
(A.B.) shall perform all the duties which are or may be required by law to
be performed by him or her, as treasurer of the county of …. in the time
and manner prescribed or to be prescribed by law, and when he or she is
succeeded in office, shall surrender and deliver over to his or her
successor in office, all books, papers, moneys and other things belonging
to the county, and appertaining to his or her office, except as hereinafter
provided, then the above bond to be void; otherwise to remain in full force.

It is expressly understood and intended that the obligation of the above
named sureties shall not extend to any loss sustained by the insolvency,
failure or closing of any bank or trust company organized and operating
under the laws of this State or of the United States wherein the principal
has placed the funds in his custody or control, or any part thereof.

Dated (insert date).

Signed and delivered in the presence of (G.H.)

A. B. …. (Signature)
C. D. …. (Signature)
E. F. …. (Signature)

The bond shall be filed with the county clerk on or before the first
Monday of December after such election.

(Source: P.A. 91-357, eff. 7-29-99.)

(55 ILCS 5/3-10004) (from Ch. 34, par. 3-10004)

Sec. 3-10004.
Commission.
The county treasurer shall be
commissioned by the Governor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10005) (from Ch. 34, par. 3-10005)

Sec. 3-10005.
Functions, powers and duties of treasurer.
The treasurer has those functions, powers and duties as provided in the
Sections following this Section and preceding Section 3-10006. He shall
receive and safely keep the revenues and other public moneys of the county,
and all money and funds authorized by law to be paid to him, and disburse
the same pursuant to law. He shall appoint his deputies, assistants and
personnel to assist him in the performance of his duties. His deputies
shall take and subscribe the same oath for the discharge of their duties as
is required of him, which oath shall be entered of record in the office of
the county clerk. The Treasurer shall, in all cases, be responsible for the
acts of his deputies. The functions and powers of the county treasurers
shall be uniform in the various counties of this State.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10005.1) (from Ch. 34, par. 3-10005.1)

Sec. 3-10005.1.
Internal operations of office.
The treasurer shall
control the internal operations of his office and procure necessary
equipment, materials and services to perform the duties of his office.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10005.2) (from Ch. 34, par. 3-10005.2)

Sec. 3-10005.2.
Monthly report of financial status.
The treasurer shall file a monthly report with the county clerk and
chairman of the county board summarizing the financial status of his office
in such form as shall be determined by the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10005.3) (from Ch. 34, par. 3-10005.3)

Sec. 3-10005.3.
Special funds.
The treasurer may maintain the
following special funds from which the county board shall authorize payment
by voucher between board meetings:

(a) Overpayments.

(b) Reasonable amount needed during the succeeding accounting period to
pay office expenses, postage, freight, express or similar charges.

(c) Fund to pay necessary travel, dues and other expenses incurred in
attending workshops, educational seminars and organizational meetings
established for the purpose of providing in-service training.

(d) Trust funds for such purposes as may be provided for by law.

(e) Such other funds as may be authorized by the county board.
The treasurer shall make accounting monthly to the county board through the
county clerk of all special funds maintained by him in the discharge of his
duties.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10005.4) (from Ch. 34, par. 3-10005.4)

Sec. 3-10005.4.
Compensation of deputies and employees.
Compensation of deputies and employees not otherwise provided for by
law shall be fixed by the treasurer subject to budgetary limitations
established by the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10005.5) (from Ch. 34, par. 3-10005.5)

Sec. 3-10005.5.
Training program.

Within 60 days after assuming office, each county treasurer shall apply to
the State Comptroller for admission to the Comptroller’s county treasurer
training program. Each county treasurer shall complete that training
program within one year after applying for admission to it. Each treasurer
shall complete the training program at least once during his or her term of
office. A county treasurer’s failure to satisfactorily complete the
training program, as evidenced by the State Comptroller’s notification to
the county board, shall subject the county treasurer to a penalty for
neglect of duty as provided in Section 3-10021.

Each county treasurer shall be reimbursed for his or her reasonable expenses
incurred in completing the training program from monies appropriated to
the State Comptroller for that purpose.

(Source: P.A. 86-1446.)

(55 ILCS 5/3-10006) (from Ch. 34, par. 3-10006)

Sec. 3-10006.
Prompt payment.
Purchases made pursuant to this
Division shall be made in compliance with the “Local Government
Prompt Payment Act”.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10007) (from Ch. 34, par. 3-10007)

Sec. 3-10007. Annual stipend. In addition to all other compensation
provided by law, every elected county treasurer, for additional duties
mandated by State law, shall receive an annual stipend of
(i) $5,000 if his or her term begins before December 1, 1998, (ii) $5,500
after December 1, 1998 and $6,500 after December 1, 1999 if his or her term
begins on or after December 1, 1998 but before December 1,
2000, and (iii) $6,500 if his or her term begins December 1, 2000 or
thereafter, to be
annually appropriated from the Personal Property Tax Replacement Fund by the General Assembly
to the Department of Revenue which shall distribute the awards in annual
lump sum payments to every elected county treasurer. This annual stipend
shall not affect any other compensation provided by law to be paid to
elected county treasurers. No county board may reduce or otherwise impair
the compensation payable from county funds to an elected county treasurer
if such reduction or impairment is the result of his receiving an annual
stipend under this Section.

(Source: P.A. 97-72, eff. 7-1-11.)

(55 ILCS 5/3-10008) (from Ch. 34, par. 3-10008)

Sec. 3-10008. Office hours. Except as otherwise provided in this Section, the county treasurer
shall keep his office open and attend to the
duties thereof from eight o’clock in the forenoon to five o’clock in the
afternoon on each working day excepting such days as under law are legal
holidays, and may close his office at 12 o’clock on Saturday of each week;
Provided, that the county treasurer shall not be compelled to open his
office before the hour of nine o’clock a. m. and, by permission of the
county board, the treasurer may close his office all day Saturday:
Provided, further, that, except with respect to the required office hours applicable to tax sales, the hours of opening and closing of the office of
the county treasurer may be changed and otherwise fixed and determined by
the county board of any county. Any such action taken by the county board
shall be by an appropriate resolution passed at a regular meeting. Notwithstanding the provisions of this Section or any other provision of law, the county treasurer must keep his or her office open from 8:00 a.m. until 4:00 p.m. on the business day before the commencement of a tax sale held in the county pursuant to Division 3.5 of Article 21 of the Property Tax Code and during the same hours each day the tax sale is pending. A home rule unit may not regulate the hours employed by the county treasurer in a
manner that is inconsistent with this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and functions exercised by
the State.

(Source: P.A. 97-557, eff. 7-1-12.)

(55 ILCS 5/3-10009) (from Ch. 34, par. 3-10009)

Sec. 3-10009. Deposit of public funds.

(a) In counties having a
population of less than 150,000 the county board, when requested by the
county treasurer, shall designate one or more banks, savings and loan
associations, savings banks, or credit unions in which the funds and other public moneys in the custody of
the county treasurer may be kept and when a bank, savings and loan
association, savings bank, or credit union has been designated as a depository it shall continue as such
until 10 days have elapsed after a new depository is designated and has
qualified by furnishing the statements of resources and liabilities as is
required by this Section. When a new depository is designated, the county
board shall notify the sureties of the county treasurer of that fact, in
writing, at least 5 days before the transfer of funds. The county treasurer
shall be discharged from responsibility for all funds and moneys which he
deposits in a depository so designated while such funds and moneys are
so deposited.

No bank, savings and loan association, savings bank, or credit union shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of “An Act relating to certain investments
of public funds by public agencies”, approved July 23, 1943, as now or
hereafter amended.

(b) In addition to any other investments or deposits authorized under this Code, counties are authorized to invest the funds and public moneys in the custody of the County Treasurer in accordance with the Public Funds Investment Act.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-10010) (from Ch. 34, par. 3-10010)

Sec. 3-10010.
Books of account.
Every county treasurer shall keep
proper books of account whether mechanically, electronically or otherwise
produced, used and maintained, and in whatever form such books of account
may have by virtue of modern accounting machines and procedures, in which
he shall keep a regular, just and true account of all moneys, revenues and
funds received by him, stating particularly the kind of funds received,
whether in gold, silver, county orders, jury certificates, auditor’s
warrants, or other funds authorized by law to be received as revenue, the
time when, or whom, and on what account each particular sum in money or
other funds was received; and also of all moneys, revenues and funds paid
out by him agreeably to law, stating particularly the time when, to whom,
and on what account payment is made. This Section is subject to the
provisions of “The Local Records Act”.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10011) (from Ch. 34, par. 3-10011)

Sec. 3-10011.
Inspection of books of account.
Said books of
account shall be free to the inspection of all persons wishing to examine
the same.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10012) (from Ch. 34, par. 3-10012)

Sec. 3-10012.
County orders.
When any county order is presented to
him to be countersigned, the county treasurer shall personally countersign
the same, and shall also enter in a book, to be kept by him for that
purpose, its number, date and amount, and the name of the person to whom
the same is payable, and when any such order is paid, he shall cancel the
same, and note the fact opposite such entry. This Section is subject to the
provisions of “The Local Records Act”.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10013) (from Ch. 34, par. 3-10013)

Sec. 3-10013.
Orders to be filled up and authorized.
The county
treasurer shall not countersign any county order before the same is filled
up, nor until he shall have examined the records of the county board, and
ascertained that the issuing of such order is warranted thereby.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10014) (from Ch. 34, par. 3-10014)

Sec. 3-10014.
Payment of money.
No money or funds shall
be paid out of any county treasury, except in accordance with
an order of the county board, or when payment is specially
authorized by law to be made.

In counties which have delegated the authority to pay claims
against the county, as provided by Section 1-6006, the County
Treasurer may pay funds out of the County Treasury upon the order
of the county officials designated to allow or disallow claims
made against the county.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10015) (from Ch. 34, par. 3-10015)

Sec. 3-10015.
Report to county board.
The county
treasurer of each county shall report to the county
board, at each regular term thereof, the amount of money, county orders,
jury certificates and other funds he may have received from every source,
since his last accounting, stating by whom, on what account and at what
time paid into the treasury; and also the amount of all payments from the
treasury, stating particularly to whom, on what account and at what time
paid out; also the amount of money, county orders, jury certificates and
other funds in his hands.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10016) (from Ch. 34, par. 3-10016)

Sec. 3-10016.
Inspection of reports.
Said reports shall be filed and
preserved in the office of the county clerk, and be free to the inspection
of any person wishing to examine the same.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10017) (from Ch. 34, par. 3-10017)

Sec. 3-10017.
Account and settlement.
The county treasurer shall, at
any time when required by the county board, render an account and make
settlement with the county.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10018) (from Ch. 34, par. 3-10018)

Sec. 3-10018.
Half-yearly settlements.
It shall be the duty of the
county board, at least once every six months, to examine the books of
account of the treasurer, and count the funds, and make settlement with the
county treasurer, and the county clerk shall enter on the records of the
county board the amount and kinds of funds found to be in the treasury at
such time.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10019) (from Ch. 34, par. 3-10019)

Sec. 3-10019.
Examination under oath.
The county board of each
county shall have power at any time to examine the county treasurer under
oath, touching any matter in regard to the faithful discharge of his duty.

(Source: P.A. 86-962.)

(55 ILCS 5/3-10020) (from Ch. 34, par. 3-10020)

Sec. 3-10020. Removal for cause; other vacancy. If any county
treasurer shall neglect or refuse to render an account, or make settlement
at any time when required by law, or refuse to
answer any question regarding the operation of the county treasurer’s office propounded to him by the county board, or refuse to provide the county board with any requested information concerning the accounts maintained by the county treasurer’s office, provided the requests are for information that the county treasurer is required by law to maintain and in a format already maintained by the county treasurer, or is a
defaulter, and in arrears with the county, or is guilty of any other
misconduct in his office, the county board may remove him from office, and
the presiding officer of the county board, with the advice and consent of
the county board, may appoint some suitable person to perform the duties of
treasurer until his successor is elected, or appointed and qualified; or if
by reason of the death or resignation of the county treasurer, or other
cause, the said office shall become vacant, then the vacancy shall be
filled as provided in The Election Code by appointment of some suitable
person to perform the duties of treasurer, until a county treasurer is
elected or appointed and qualified. Provided, that in case any county
treasurer is called into the active military service of the United States,
the appointee shall perform and discharge all the duties of the county
treasurer in such county during the time such county treasurer is in the
active military service of the United States, and such county treasurer so
appointed shall possess all the powers and discharge all the duties of a
regularly elected county treasurer under the laws of this State, and shall
be paid the same compensation as provided by law for the county treasurer
of the county, apportioned as to the time of service, and such appointment
and all authority thereunder shall cease upon the discharge of said county
treasurer from such active military service of the United States; and
provided further, that the office of county treasurer shall not be deemed
to be vacant during the time the said county treasurer is in the active
military service of the United States. The person so appointed, shall give
bond and security, as required by law of the county treasurer.

(Source: P.A. 95-871, eff. 8-21-08.)

(55 ILCS 5/3-10021) (from Ch. 34, par. 3-10021)

Sec. 3-10021.
Neglect of duty; penalty.
If any treasurer of any
county in this State shall neglect or refuse to perform any of the duties
required of him by this Division, he shall forfeit a sum of not less than
$50, and not exceeding $1,000, according to the nature and aggravation of
the offense, to be recovered by indictment in the circuit court of the
proper county or by a civil action, by any person who shall sue therefor,
one-half to the person suing, and the other half to the proper county.

(Source: P.A. 86-962.)

(55 ILCS 5/Div. 3-11 heading)

Division 3-11.
County Treasurers in Counties
over 150,000 Population – Public Funds

(55 ILCS 5/3-11001) (from Ch. 34, par. 3-11001)

Sec. 3-11001.
Terms construed.
The terms mentioned in this Section
as used in this Division shall, unless the same be inconsistent
with the context, be construed as follows:

The term “county treasurer” shall include the county treasurer when
acting as such or in any other official capacity incident to his incumbency
of the office of county treasurer.

The term “county moneys” shall include all moneys to whomsoever
belonging, received by or in possession or control of the incumbent of the
office of county treasurer when acting as such or in any other official
capacity incident to his incumbency of the office of county treasurer.

The term “county clerk” shall be construed to mean the county
comptroller in any county in which provision for a county comptroller shall
have been made by law.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11002) (from Ch. 34, par. 3-11002)

Sec. 3-11002. Designation of depositories.

(a) In counties having a
population of more than 150,000 the county board, when requested by the
County Treasurer, shall designate one or more banks, savings and loan
associations, savings banks, or credit unions in which the funds and other public moneys in the custody of
the County Treasurer may be kept and when a bank, savings and loan
association, savings bank, or credit union has been designated as a depository it shall continue as such
until 10 days have elapsed after a new depository is designated and has
qualified by furnishing the statements of resources and liabilities as is
required by this Section. When a new depository is designated, the county
board shall notify the sureties of the County Treasurer of that fact, in
writing, at least 5 days before the transfer of funds. The County Treasurer
shall be discharged from responsibility for all funds and moneys which he
deposits in a depository so designated while such funds and moneys are so
deposited.

No bank, savings and loan association, savings bank, or credit union shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of “An Act relating to certain
investments of public funds by public agencies”, approved July 23, 1943, as
now or hereafter amended.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11003) (from Ch. 34, par. 3-11003)

Sec. 3-11003. Classification of funds. For the purpose of
establishing a control over the withdrawal, in accordance with the
provisions of this Division, of all county moneys deposited in any bank,
savings and loan association, savings bank, or credit union, as hereinafter required, such moneys are
hereby classified as follows:

Class A. All taxes and special assessments received by the county
treasurer in his capacity as ex officio county collector or ex officio town
collector, and held by him pending distribution to the several governments
or authorities entitled to receive the same, shall be known as “Class A”
funds.

Class B. All other moneys belonging to the State of Illinois or to any
political or corporate subdivision thereof, except the county, shall be
known as “Class B” funds.

Class C. All moneys belonging to the county in its corporate capacity
shall be known as “Class C” funds.

Class D. All other county moneys as defined in Section 3-11001 shall
be known as “Class D” funds.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11004) (from Ch. 34, par. 3-11004)

Sec. 3-11004. Deposits by county treasurer. It shall be the duty of
the county treasurer of such county to deposit daily, in separate accounts
in accordance with the classification set forth in Section 3-11003, to the
credit of the county treasurer of such county, in one or more banks,
savings and loan associations, savings banks, or credit unions as shall have been selected and designated
under the terms of this Division and as shall have complied with the
requirements thereof, all county moneys as defined in Section 3-11001,
received by him during banking hours, and also all such county moneys as he
may have received on the day previous after banking hours.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11004.1)

Sec. 3-11004.1. Posting requirements for uncashed checks. No later than 60 days after the effective date of this amendatory Act of the 96th General Assembly, for the purpose of assisting Cook County residents in reclaiming uncashed checks issued by Cook County, the Cook County Treasurer must post on the Cook County Treasurer’s official website information related to uncashed checks issued in the regular course of county business to Cook County residents. The Cook County Treasurer must also post the procedure for a person to receive a replacement check. The checks must be for an amount of $5 or more. This Section applies only to a check that remains uncashed by the payee for no less than one year and no more than 5 years from its issue date.

Cook County may not provide notice of uncashed checks in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 96-1159, eff. 1-1-11.)

(55 ILCS 5/3-11005) (from Ch. 34, par. 3-11005)

Sec. 3-11005.
Earnings from investments and deposits.
All earnings accruing on any investments or deposits made by
the County Treasurer whether acting as such or as County Collector,
of county monies as in Section 3-11001 is defined, shall be credited
to and paid into the County Treasury for the benefit of the county
corporate fund to be used for county purposes, except as provided
otherwise in the Local Governmental Tax Collection Act, and except
where by specific statutory provisions such earnings are directed
to be credited to and paid to a particular fund.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11006) (from Ch. 34, par. 3-11006)

Sec. 3-11006. Investment of county moneys; release of private
funds in custody of county treasurer.

(a) All county moneys shall be invested in
one or more of the following: (1) interest-bearing savings accounts,
interest-bearing certificates of deposit or interest-bearing time deposits
constituting direct obligations of any bank as shall have been selected and
designated under the terms of this Division and as shall have
complied with the requirements thereof; (2) shares or other forms of
securities legally issuable by savings and loan associations incorporated
under the laws of this State or any other state or under the laws of the
United States, provided such shares or securities are insured by the
Federal Savings and Loan Insurance Corporation; (3) bonds, notes,
certificates of indebtedness, treasury bills or other securities now or
hereafter issued, which are guaranteed by the full faith and credit of the
United States of America as to principal and interest; (4) short term
discount obligations of the Federal National Mortgage Association; and (5) dividend-bearing share accounts, share certificate accounts, or class of share accounts of a credit union chartered under the laws of this State or the laws of the United States, provided the accounts of that credit union are insured by applicable law and the credit union’s principal office is located within the State of Illinois. The
expressed judgment of the county treasurer as to the time when any county
moneys will be required for expenditure or be redeemable is final and
conclusive. Privately owned funds held in the custody of a county treasurer
must be released to the appropriate party at the earliest reasonable time,
but in no case exceeding 31 days, after the private party becomes entitled
to the receipt of them.

(b) In addition to any other investments or deposits authorized under this Code, all counties are authorized to invest county moneys in accordance with the Public Funds Investment Act.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11007) (from Ch. 34, par. 3-11007)

Sec. 3-11007. Monthly report of investments and deposits. On the twenty-eighth day of each month the county treasurer shall
publish a report disclosing the investments and deposits of county moneys
as of the first day of that month. The report shall list, under the name of
each bank, savings and loan association, savings bank, or credit union in which the county treasurer
maintains an account or investment, each separate account or investment
maintained in that institution, the amount of each such account or
investment, the rate of interest of each such account or investment, and
the term of maturity of each such account or investment. The report shall
also disclose the total cost and average rate of interest of all other
investments of county moneys. A copy of the report shall be transmitted to
each member of the county board, and the report shall be a public record.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11008) (from Ch. 34, par. 3-11008)

Sec. 3-11008.
Withdrawals.
When county moneys have been deposited
in any such depository they shall be withdrawn therefrom only in the
following manner: Funds designated in Section 3-11003 as “Class A” funds
and as “Class B” funds shall be withdrawn only upon checks or drafts signed
by the County Treasurer and payable to the order of the State Treasurer or
the other proper authorities or persons entitled by law to receive the
same; funds designated in said Section 3-11003 as “Class C” funds shall be
withdrawn only upon checks or drafts signed by the county treasurer and
supported by warrants signed by the County Clerk and countersigned by the
president or chairman of the county board; funds designated in said Section
3-11003 as “Class D” funds shall be withdrawn only upon checks or drafts
signed by the County Treasurer and payable to persons entitled to receive
the same; Provided, however, that subject to the limitations hereinafter
set forth in Section 3-11011, the County Treasurer shall have the power to
withdraw such county moneys from any depository in the cases provided for
and under the circumstances stated in Sections 3-11009 and 3-11010, and,
provided further, that the provisions of this Division regarding the proper
payees of checks or drafts shall not be construed to obligate any
depository to investigate or determine the right of any payee to receive
payment or any check or draft of the County Treasurer.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11009) (from Ch. 34, par. 3-11009)

Sec. 3-11009. Petty cash fund. For the purpose of enabling the county
treasurer to pay in cash such warrants and other demands as may be
presented to him for payment in cash, he is hereby authorized to withhold
from the daily deposit of funds required of him under Section 3-11004, or
to withdraw from the one or more banks, savings and loan associations, savings banks, or credit unions
holding such county moneys on deposit, upon check or draft payable
to his own order as county treasurer, such amounts as will enable him to
maintain a petty cash fund sufficient to meet the daily demand for the
purpose herein indicated: Provided, however, that the amount of said petty
cash fund shall at no time exceed the sum of $5,000 in counties having
fewer than 1,000,000 inhabitants or the sum of $200,000 in counties having
1,000,000 or more inhabitants. The county treasurer shall keep proper
records of such petty cash fund, showing the amounts so withheld or
withdrawn by him daily and the amounts paid out by him in cash from day to
day. Such records shall be open to the inspection of all persons wishing to
examine the same.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11010) (from Ch. 34, par. 3-11010)

Sec. 3-11010. Equalization and transfer of deposits. For the
purpose of facilitating the equalization or apportionment of the amount of
the balances on deposit with the several depositories and the speedy
transfer of money from one depository to another in case of
necessity, the county treasurer is hereby authorized to draw checks or
drafts against any deposit made by him under the terms of this Division.
Each draft or check so drawn shall be payable to the order of the
county treasurer, and shall indicate upon its face that it is drawn only
for deposit in a bank, savings and loan association, savings bank, or credit union authorized under the
provisions of this Division to receive county moneys.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11011) (from Ch. 34, par. 3-11011)

Sec. 3-11011. Designation of active depository. Of the banks, savings and loan associations, savings banks, or credit unions which may have been so designated as
depositories, one shall be designated from time to time by the county
treasurer as the active bank, depository, savings and loan association, savings bank, or credit union
for a period of not more than one month at a time. The county board shall
have power, if it sees fit, to require that no bank, savings and loan
association, savings bank, or credit union whose aggregate capital stock and surplus is less than a
certain specified amount shall be named as the active bank, savings and
loan association, savings bank, or credit union. During such period the county treasurer shall draw all of
his checks to pay warrants and other demands drawn upon him upon such
active bank, savings and loan association, savings bank, or credit union: Provided, however, that the
county treasurer shall have power to withdraw county moneys from any
depository for the purposes stated in Section 3-11010: And, provided,
further, that during such period drafts and checks against deposit of funds
designated by Section 3-11003 hereof as “Class A” funds and “Class B” funds
may be drawn upon other than the active bank, savings and loan association, savings bank, or credit union.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11012) (from Ch. 34, par. 3-11012)

Sec. 3-11012.
Record of deposits.
The county treasurer shall keep in
his office a record showing the date and aggregate amount received by him
daily on account of each class of funds designated in Section 3-11003, and
also his accounts with each depository, which accounts shall show daily the
date and amount of each deposit, the date and amount of each withdrawal,
and the balance on deposit. Each such account shall also show the date and
amount of each interest payment received by or credited to the county
treasurer and the rate of interest at which such payment was computed. Said
record and all contracts with depositories shall be open to the inspection
of all persons wishing to examine the same.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11013) (from Ch. 34, par. 3-11013)

Sec. 3-11013. Annual report of interest received. The county
treasurer shall make to the county clerk an annual report, under oath, of
all interest received by the county treasurer or credited to the county
treasurer by any bank, savings and loan association, savings bank, or credit union, in which is
deposited any county moneys, and at the time of making such report the
county treasurer shall pay into the county treasury for the benefit of the
county the aggregate amount of all interest so received by or credited to
him, as shown by said report. Such report shall show the name of each bank
or depository where any county moneys are deposited.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11014) (from Ch. 34, par. 3-11014)

Sec. 3-11014.
Cost of bonds to be paid by county.
The premium
on all bonds required of the county treasurer in any official capacity by
the provisions of this Division if the surety thereon shall be a surety
company or companies authorized to do business in this State under the laws
thereof, shall be paid out of the county treasury: Provided, however, that
the amount of said premium shall not exceed one-half of one per cent per
annum of the amount of said bond.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11015) (from Ch. 34, par. 3-11015)

Sec. 3-11015.
Liability of treasurer.
The county treasurer shall be
discharged from responsibility for all moneys deposited by him pursuant to
the terms of this Division, with any depository or depositories
who may be named and shall qualify in accordance with the terms thereof:
Provided, that nothing in this Division contained shall be
construed in any manner to change or affect the liability of treasurers
having depositories under and in accordance with the terms of this
Division, except that such treasurers shall be discharged from
liability for moneys so deposited by them in such depositories while such
moneys so deposited are in the custody of any such depository.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11016) (from Ch. 34, par. 3-11016)

Sec. 3-11016.
Expenses of suit by or against treasurer.
All
reasonable expenses incurred by the county treasurer in prosecuting or
defending suits or actions brought by or against him in any official
capacity shall be paid out of the county treasury.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11017) (from Ch. 34, par. 3-11017)

Sec. 3-11017.
No retention of compensation other than salary.
The county treasurer shall retain no fees, commissions or other
compensation whatsoever, except his salary or other compensation fixed by
law, for his services when acting as such county treasurer or in any other
official capacity incident to his incumbency of that office. All fees,
perquisites and emoluments (above the amount of such salary or other
compensation fixed by law) shall be paid into the county treasury.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11018) (from Ch. 34, par. 3-11018)

Sec. 3-11018. Payment of interest or fees on deposits. No bank,
savings and loan association, savings bank, or credit union holding county moneys deposited therewith by
the county treasurer in accordance with the provisions in this Division, or
otherwise, and no officer of any such bank, savings and loan association, savings bank, or credit union,
or other person, shall pay to, withhold for the benefit of, or contract in
any manner for the payment to such county treasurer, or to any other person
for him, of any interest or other fee, perquisite or emolument, on account
of the deposit of such county moneys, except such interest as shall be paid
to such county treasurer for the benefit of the county.

(Source: P.A. 97-129, eff. 7-14-11.)

(55 ILCS 5/3-11019) (from Ch. 34, par. 3-11019)

Sec. 3-11019.
No personal profit; penalty.
The making of a personal
profit or emolument by the incumbent of the office of county treasurer or
by any other county officer out of any county moneys by loaning, depositing
or otherwise using or disposing of the same in any manner whatsoever, shall
be deemed a Class 3 felony. Any county officer or other person who wilfully
violates any provision of this Division, other than that above specified in
this Section, or who wilfully neglects or refuses to perform any duty
imposed upon such person by the terms of this Division, shall be guilty of
a Class 4 felony.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11020) (from Ch. 34, par. 3-11020)

Sec. 3-11020.
Applicability to counties.
This Division and all of
the provisions thereof shall apply in every county of this State now
containing, or which may hereafter contain, more than 150,000 inhabitants.

(Source: P.A. 86-962.)

(55 ILCS 5/3-11021)

Sec. 3-11021. Cook County Housing Trust Fund.

(a) The Cook County Treasurer shall maintain a special fund known as the Cook County Housing Trust Fund for which the Housing Authority of Cook County shall be the sole beneficiary.

(b) The Fund may receive moneys from appropriations from the State for use by the Housing Authority of Cook County, as well as loan repayments, cash distributions from equity investments, and similar cash payments generated by a funded project that may be redeposited into the Fund and used for additional projects.

(1) eligible projects, including projects involving multi-family rental housing, single family rental housing, and single family for-sale housing;
(2) eligible costs, including the cost of: (i) real property acquisition; (ii) new construction; (iii) rehabilitation of newly acquired property, including conversion of non-residential structures to residential use; (iv) necessary and related onsite and offsite improvements; (v) reasonable developer fees; (vi) reasonable consulting and legal fees; (vii) initial operating costs for housing units; and (viii) capitalized reserves for replacement and operation; and
(3) other eligible Housing Authority uses, including equity investment in project owners, loans to project owners with a term not to exceed 40 years, and direct acquisition of land to be leased to project owners.

(d) The Cook County Treasurer, in consultation with the Housing Authority of Cook County, shall make accounting annually to the Cook County Board of Commissioners through the County Clerk of the use of moneys maintained in the Fund.

(Source: P.A. 102-793, eff. 1-1-23.)

(55 ILCS 5/Div. 3-12 heading)

Division 3-12.
Merit Employment System

(55 ILCS 5/3-12001) (from Ch. 34, par. 3-12001)

Sec. 3-12001.
Creation or abolition of Personnel Policy Commission.
The County Board of any county having a population of 350,000 or more but
less than 1,000,000 inhabitants as determined by the last preceding federal
census, may by ordinance create a Personnel Policy Commission.

If the county board does not by ordinance create a Personnel Policy
Commission pursuant to the provisions of this Division, a
petition may be filed with the county clerk, signed by not less than 1% of the
registered voters of the county, requesting the submission to a
referendum of the following proposition: shall the county board
of….. county create a Personnel Policy Commission pursuant to the
provisions of Division 3-12 of the Counties Code?

If such a petition is filed, the county clerk shall submit the
proposition to the voters at an election to be held in accordance with the
general election law.

If a majority of the voters voting on the proposition vote in favor
of it, the county board shall, by ordinance, create a Personnel Policy
Commission pursuant to the provisions of this Division.

At any time after the creation of a Personnel Policy Commission
pursuant to this Division, a petition may be filed with the county clerk,
signed by not less than 1% of the registered voters of the county,
requesting the submission to a referendum of the following proposition:
shall the county board of….. county abolish the Personnel Policy
Commission established pursuant to the provisions of Division 3-12 of
the Counties Code?

The election authority shall submit the proposition to the voters at an
election to be held in accordance with the general election law.

If a majority of the voters voting on the proposition vote in favor
of it, the county board shall, by ordinance, abolish such Personnel
Policy Commission.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12002) (from Ch. 34, par. 3-12002)

Sec. 3-12002.
Definitions.
The following words and terms found in
this Division have the meaning defined in this Section unless the context
clearly indicates that a different meaning is intended.

(a) Appointing authority: the officer, individual, board or group,
who by law or legally delegated authority, has the authority to appoint
or to remove personnel from positions as county employees.

(b) Appointment: the offer and the acceptance of employment in the
county service.

(d) Class: one or more positions sufficiently similar with respect
to duties and responsibilities that the same descriptive title may be
used with clarity to designate each of said positions; that the same
minimum qualifications are appropriate for the performance of each such
position; that the same test of fitness may be used to rank applicants
on the basis of merit; and that the same schedule of pay may be applied
to all such similar positions.

(e) Classification plan: a list of the classes in the classified
service by official title. For each class, a specification shall be
prepared which shall set forth the duties, responsibilities and
authority thereof, and the minimum qualifications necessary for entry
into any of the positions in the class.

(f) Classified service: all positions and employees in the county
service subject to the provisions of this Division.

(g) Commission: the County Personnel Policy Commission established
under this Division.

(h) County: the County government.

(i) Department: a county governmental unit under the control of an
appointing authority which has a separate operating budget approved by
the Board.

(j) Director: Director of the County Personnel Department.

(k) Eligible: a person who has attained a passing score on an
examination for a specific class.

(l) Employee: a person who is paid a wage, salary or stipend from
public monies in accordance with official entries on a county payroll.

(m) List of eligibles: the persons who have met the minimum
requirements for entry into a class.

(n) Part-time employee: an employee who works less than 30 hours per week.

(o) Permanent employee: any employee in the classified service who
has satisfactorily completed the probationary period and has been so
certified by the appointing authority.

(p) Personnel department: the personnel director and the employees
under the director’s supervision.

(q) Position: a specific employment whether occupied or vacant,
involving duties requiring the services of one person.

(r) Probation: a specified period of employment following
appointment, reemployment, transfer, promotion or demotion; it is the
final step in the examination process during which work performance of
an employee is evaluated.

(s) Promotion: a change in the assignment of an employee from a
position in one class to a position in another class having a higher
range of pay.

(t) Suspension: the temporary separation of an employee from his/her
position for disciplinary reasons.

(u) Temporary employee: an employee who by prearrangement works at a
given position for not more than 4 months per year.

(v) Unclassified service: all positions in the county service which
are exempt from the provisions of this Division and from the
rules pertaining thereto.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12003) (from Ch. 34, par. 3-12003)

Sec. 3-12003.
Classified and unclassified service.
The county
service shall be divided into the classified and unclassified service. All
offices and positions of the county shall be in the classified service
unless specially designated as being in the unclassified service by this
Division. Positions in the unclassified service shall include the following:

(1) officials elected at large in the county and up to three chief
assistants to each such elected official;

(2) department managers;

(3) officials and employees whose appointment and removal is
otherwise provided by law;

(4) attorneys;

(5) chief deputies, assistant chief deputies, first assistants to
department managers and second assistants to department managers, according
to the following standards:

a. in offices of fewer than 20 full time employees, one chief
deputy or first assistant to the department manager;

b. in offices of more than 20 people, the chief deputy or first
assistant and the assistant chief deputy or second assistant;

(6) private secretaries to all those exempted persons except
attorneys below the rank of second assistant; and

(7) all part-time or temporary employees.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12004) (from Ch. 34, par. 3-12004)

Sec. 3-12004.
Membership of commission.
(a) There shall be
a Personnel Policy Commission consisting of 5 members selected from the
general public by the county board chairman with the consent of the county
board.

(b) From the membership of the Personnel Policy Commission the
county board chairman shall select a chairman of the commission.

(1) two members shall be appointed for a term ending the first
Monday of July, 1979;

(2) two members shall be appointed for a term ending the first
Monday of July, 1980;

(3) one member shall be appointed for a term ending the first
Monday of July, 1981;

(4) thereafter, not later than the first Tuesday of June, each
member shall be appointed in the same manner for a term of 3 years,
except that any person appointed to fill a vacancy occurring prior to
the expiration of a term shall be appointed in the same manner for the
remainder of the term. Each member of the commission shall hold office
until his successor is appointed and qualified.
The Personnel Policy Commission shall meet at such time
and place as shall be specified by call of the commission chairman. At
least one meeting shall be held quarterly; three members shall
constitute a quorum for the transaction of business. Commission members
shall serve without compensation; however, they shall be reimbursed for
travel and other necessary and reasonable expenses in accordance with
the established procedures of the county.

(d) Commission members shall be subject to the following
qualifications restrictions:

a. not more than 3 members shall be of the same political party;

b. no commissioner shall hold another lucrative office or
employment under the United States, the State of Illinois or any
municipal corporation or political division thereof;

c. no commissioner shall be a member of any local, state or
national committee of a local political party or an officer or member of
standing committees of any partisan political group or organization;

d. no commissioner can be a candidate for any partisan elective
public office;

e. commissioners may be removed from office by the county board
chairman, with the consent of the county board, for neglect of duty or
malfeasance in office.

(e) The county board shall make appropriations from the general fund
to meet the estimated cost of administering the provisions of this
resolution.

(f) The Director of Personnel shall serve as executive secretary of
the Personnel Policy Commission.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12005) (from Ch. 34, par. 3-12005)

Sec. 3-12005.
Powers and duties of commission.
The commission shall:

(a) be empowered to promulgate and amend rules, pertaining to the
merit employment system, within the scope of Section 3-12007.
Such rules and amendments thereto, upon adoption by majority vote of the
commission, shall be submitted through the county board chairman to the
county board and shall become effective 60 days thereafter unless the
board enacts a resolution of non-acceptance within that time.

(b) by its rules, provide for promotion on the basis of ascertained
merit, examination and seniority, and provide, where practicable, that
vacancies shall be filled by promotion. The commission shall submit to
the appointing authority the names of not more than 5 applicants for
each promotion.

(c) review any grievance or disciplinary action concerning an
employee where appealed by such employee, and issue a final determination.

(d) investigate or require the Director of Personnel to investigate
any matter, as it considers necessary, concerning the management of
county personnel.

(e) make periodic recommendations and reports as required by the
county board.

(f) perform such other duties as may be expressly set forth in this
Division and in the regulations adopted pursuant thereto.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12006) (from Ch. 34, par. 3-12006)

Sec. 3-12006.
Director of Personnel.
The Director of Personnel
shall be a person experienced in the field of personnel administration,
particularly in the application of merit principles and scientific methods
to public employment, and shall be appointed by the county board chairman
with the advice and consent of the county board.

In addition to other duties as may be imposed by the Personnel Policy
Commission, the duties of the Director of Personnel shall be to:

(a) apply and carry out the provisions of this Division and
the rules and regulations adopted hereunder;

(b) be empowered to establish a system of examinations and
procedures for appointment and removal of employees and other persons
subject to the merit employment system;

(c) prepare a register for each grade or class of positions of the
persons whose general average standing upon examination is not less than
the minimum fixed by the commission and who are otherwise eligible,
listing each person in order of relative excellence;

(d) be empowered to establish and carry out appropriate penalties,
limited to dismissal, demotion, or suspension, for violations of
Sections 3-12009, 3-12010 or 3-12011;

(e) attend meetings of the Personnel Policy Commission, act as
executive secretary, and keep minutes of its proceedings;

(f) establish and maintain a roster of all employees in the county
classified service showing class title, pay or status and other
pertinent data;

(g) subject to county board approval, appoint such employees of the
personnel department and such special assistants as may be necessary to
carry out effectively the provisions of this resolution;

(h) develop, in cooperation with appointing authorities and others,
programs for improvement of employee effectiveness, including but not
limited to training, safety, health, counseling welfare and handling of
grievances;

(i) review as necessary the operation and effect of this Division
and of the rules promulgated pursuant to this Division
and report findings and recommendations to the Commission;

(j) encourage and exercise leadership in the development of
effective administration with the county agencies, departments and
institutions; and

(k) perform such other lawful acts which the Director of Personnel
may consider necessary or desirable to carry out the purposes of this
Division.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)

Sec. 3-12007. Proposed rules for classified service.

(a) The
Director of Personnel shall prepare and submit to the commission proposed
rules for the classified service. The director shall give at least 10
days’ notice to the heads of all departments or agencies affected and they
shall be given an opportunity, upon their request, to appear before the
commission to express their views thereon before action is taken by the
commission.

(b) The rules, as adopted pursuant to subsection (a) of Section
3-12005 shall provide for:

(1) preparation, maintenance and revision of a position classification plan for all positions in the classified service, based upon the similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required and the same schedule of pay may be applied to all positions in the same class. Each position authorized by the Board shall be allocated by the director to the proper class and assigned to the appropriate pay range for that class.
(2) promotion which shall give appropriate consideration to the applicant’s qualifications, record of performance, seniority, and conduct. Vacancies shall be filled by promotion whenever practicable and in the best interest of the county service, and preference may be given to employees within the department in which the vacancy occurs.
(3) open competitive examinations to determine the relative fitness of applicants for the respective competitive positions.
(4) competitive selection of employees for all classes in the classified service.
(5) establishment of lists of eligibles for appointment and promotion, upon which lists shall be placed the names of successful candidates in the order of their relative excellence in the respective examinations. The duration of eligible lists for initial appointment shall be for no more than one year unless extended by the director for not more than one additional year; lists of eligibles for promotion shall be maintained for as long as the tests on which they are based are considered valid by the director.
(6) certification by the director to the appointing authorities of not more than the top 5 names from the list of eligibles for a single vacancy.
(7) rejection of candidates who do not comply with reasonable job requirements in regard to such factors as age, physical condition, training and experience, or who are addicted to alcohol or narcotics or have been guilty of infamous or disgraceful conduct or are undocumented immigrants.
(8) periods of probationary employment. During the initial probation period following appointment any employee may be discharged or demoted without charges or hearing except that any applicant or employee, regardless of status, who has reason to believe that he/she has been discriminated against because of religious opinions or affiliation, or race, sex, or national origin in any personnel action may appeal to the commission in accordance with the provisions of this Division or in appropriate rules established by the commission pursuant to subsection (a) of Section 3-12005.
(9) provisional employment without competitive examinations when there is no appropriate eligible list available. No person hired as a provisional employee shall continue on the county payroll longer than 6 months per calendar year nor shall successive provisional appointments be allowed.
(10) transfer from a position in one department to a position in another department involving similar qualifications, duties, responsibilities and salary.
(11) procedures for authorized reinstatement within one year of persons who resign in good standing.
(12) layoff by reason of lack of funds or work or abolition of the position, or material changes in duties or organization, and for the layoff of nontenured employees first, and for the reemployment of permanent employees so laid off, giving consideration in both layoff and reemployment to performance record and seniority in service.
(13) keeping records of performance of all employees in the classified service.
(14) suspension, demotion or dismissal of an employee for misconduct, inefficiency, incompetence, insubordination, malfeasance or other unfitness to render effective service and for the investigation and hearing of appeals of any employee recommended for suspension, demotion or dismissal by a department head for any of the foregoing reasons.
(15) establishment of a plan for resolving employee grievances and complaints, including an appeals procedure.
(16) hours of work, holidays and attendance regulations, and for annual, sick and special leaves of absence, with or without pay, or at reduced pay.
(17) development of employee morale, safety and training programs.
(18) establishment of a period of probation, the length of which shall be determined by the complexity of the work involved, but which shall not exceed one year without special written approval from the commission.
(19) such other rules, not inconsistent with this Division, as may be proper and necessary for its enforcement.

(Source: P.A. 102-1030, eff. 5-27-22.)

(55 ILCS 5/3-12008) (from Ch. 34, par. 3-12008)

Sec. 3-12008.
Permanent status of incumbent employees.
Upon
the initial implementation of this Division, incumbent employees may obtain
permanent status as follows:

(a) Employees holding positions in the county classified service who
have satisfactorily completed their prescribed probationary period
shall, upon the certification of the manager or head of the agency or
department in which they are employed, be continued in their positions
in the classified service without examination.

(b) Employees holding positions in the county classified service for
less than their prescribed probationary period shall, upon certification
of the manager or head of the agency or department in which they are
employed, be continued in their positions in the classified service
without examination until they shall have satisfactorily completed their
prescribed probationary period.

The salaries of incumbent employees in both the above-described
categories shall not be reduced as a result of the adoption of this Division.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12009) (from Ch. 34, par. 3-12009)

Sec. 3-12009.
Political activity by employees.
(a) No employee shall:

(1) Use any political endorsement in connection with any
appointment to a position in the county classified service, or

(2) Use or promise to use any official authority or influence for
the purpose of influencing the vote or political action of any person or
for any consideration.

(b) Any person in the county service who violates any of the
provisions of this Section shall be subject to such penalties as are
determined by the commission and promulgated in the merit employment
system rules,

(c) The provisions of this Section shall be construed as subordinate
to any federal prohibitions against political activity by employees in
the county classified service.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12010) (from Ch. 34, par. 3-12010)

Sec. 3-12010.
Unlawful discrimination prohibited.
(a) No
unlawful discrimination as that term is defined in the
Illinois Human Rights Act, shall be exercised in any manner by
any county official, appointing authority or employee.

(b) The Illinois Human Rights Act applies to the employment practices
of county officials, appointing authorities, and employees.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12011) (from Ch. 34, par. 3-12011)

Sec. 3-12011.
Certain statements and acts prohibited.
(a)
No person shall make any false statement, certificate, mark, rating or
report with regard to any test, certification or appointment made under any
provision of this Division or in any manner commit or attempt to commit any
fraud preventing the impartial execution of this Division.

(b) No person shall, directly or indirectly, give, render, pay,
offer, solicit or accept any money, service or other valuable
consideration for or on account of any appointment, proposed
appointment, promotion or proposed promotion to, or any advantage in, a
position in the county classified service.

(c) No employee in the personnel department, examiner, or other
person shall defeat, deceive or obstruct any person in his right to
examination, eligibility, certification or appointment under this
resolution, or furnish to any person any special or secret information
for the purpose of affecting the rights or prospects of any persons with
respect to employment in the county classified service.

(d) No person shall discharge, degrade or promote or in any manner
change the official rank or compensation of any person in the classified
service or subject to this Division, or promise or threaten to
do so, for giving or withholding or neglecting to make any contribution of
money or any other valuable thing for any party or political purpose, or
for rendering, refusing or neglecting to render any party or political service.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12012) (from Ch. 34, par. 3-12012)

Sec. 3-12012.
Cooperation with governmental agencies.
The Director
of Personnel, acting in behalf of the county board, shall, as practicable,
cooperate with other governmental agencies charged with public personnel
administration in conducting examinations, training personnel, and
establishing lists from which eligibles shall be certified for appointment,
for promotion and for interchange of personnel.

(Source: P.A. 86-962.)

(55 ILCS 5/3-12013) (from Ch. 34, par. 3-12013)

Sec. 3-12013.
Violations; prosecution.
Any person who wilfully or through culpable negligence
violates this Division, or any commission, examiner, agent or employee of
the commission, or any applicant who wilfully or through culpable
negligence violates any rule promulgated under this Division, shall be
punished by a fine of not less than $50 nor more than $1,000, or by
imprisonment in a penal institution other than the penitentiary for a term
not exceeding 6 months, or both.

All prosecutions for violations of this Division shall be instituted and
conducted by the State’s Attorney of the county where the offense occurred.
In the case of conviction under this Division, the office or position held
by the person convicted shall be considered vacant.

(Source: P.A. 91-357, eff. 7-29-99.)

(55 ILCS 5/Div. 3-13 heading)

Division 3-13.
Accounts and Annual Reports

(55 ILCS 5/3-13001) (from Ch. 34, par. 3-13001)

Sec. 3-13001.
Account of fees received by county officers.
Every county officer of counties of the first and second classes who
collects fees shall, in a book to be kept for that purpose, keep a full,
true and minute account of all the fees and emoluments of his or her
office, designating in corresponding columns, the amount of all fees and
emoluments earned, and all payments received on account thereof, and
showing the name of each person or persons paying fees, and the amount
received from each person, and shall also keep an account of all
expenditures made by him or her on account of clerk hire, stationery, fuel,
and other expenses, for keeping which book no fees shall be allowed to such
officer.

Every such officer of counties of the first and second classes, shall,
on the first day of June and December of each year,
make to the chairman of the county boards, a return in writing of all the
fees and emoluments of his or her office, of every name and character,
which report shall show the gross amount of the earnings of the office, and
the total amount of receipts of whatever name and character, and all
necessary expenses for clerk hire, stationery, fuel and other expenses for
the half year ending at the time of such report, or the portion thereof.

The county boards, in counties of the first and second class, shall
carefully audit and examine such report, and ascertain the exact
balance of such fees, if any, held by any such officer, and shall order
that such officer shall pay over such moneys to the county treasurer, whose
receipt therefor shall be evidence of the settlement, by such officer of
such report.

Every such report shall be signed and verified by the affidavit of the
officer making the same, which affidavit shall be substantially of the
following form:

“STATE OF ILLINOIS,

County of ….

I, …., do solemnly swear, that the foregoing account is, in all
respects, just and true, according to my best knowledge and belief; and
that I have neither received, directly or indirectly, nor directly or
indirectly agreed to receive or be paid, for my own or another’s benefit,
any other moneys, article or consideration than therein stated.
……………………

Signed and sworn to before me on (insert date).
…………………..”

(Source: P.A. 91-357, eff. 7-29-99.)

(55 ILCS 5/3-13002) (from Ch. 34, par. 3-13002)

Sec. 3-13002.
Books of account; violations.
In counties of the
third class, there shall be formulated, installed and regulated in offices
of every county officer, (hereinafter referred to as “county
officers”) by and under the direction of the county board of the counties
of the third class, a uniform system of books of account, forms, reports
and records, which system of books of account, forms, reports and
records, and no other, shall be used by such county officers of the
counties of the third class herein named, in compiling the reports
hereinafter provided for to be made by them and in keeping a true and
accurate account of fees received, and all other transactions
of the business of their respective offices.

The system of books of accounts, forms, reports and records may be
altered, changed or amended from time to time by the county boards of
the counties of the third class, or under their authority, and, when
so altered, changed or amended shall be used by the county officers of
counties of the third class in lieu of the books of account, forms, reports
and records then in use.

The county boards in counties of the third class are hereby authorized
and empowered to audit the said books of account, forms, reports and
records, containing the record of the fees received, and
all other transactions of the county officers at any time and for the
purpose of so doing, the county board in counties of the third class,
or anyone by such boards authorized to do so, are hereby vested with power
and authority to enter the said offices of such county officers of the
counties of the third class at all times, and have free and unrestricted
access to all of the books, papers, forms, records and reports, used by
the county officers named herein, in recording the receipt of fees
received by them, and of all other business of their
respective offices for the purpose of so auditing, checking, compiling or
copying the reports, provided hereinafter to be made to the county boards
of counties of the third class.

The county officers in the counties of the third class
shall, on the first day of June and
December of each and every year, make and transmit a report in
writing under oath to the county board of counties of the third class
upon such forms as may be prescribed by the board for that purpose, and,
if the board in such counties does not prescribe a form for such report,
then, the county officers named herein shall make a report under oath in
the same manner as is provided for in counties of the first and second class.

The report so provided to be made and transmitted to the county board of
counties of the third class, by the provisions of this Division, shall
forthwith be audited by the county board or under its
authority, and, if found correct, the same shall be forthwith approved and
also attested by some one authorized by it so to do, and if, after the same
is audited, same is found correct, the county officer so
making the report shall be notified in writing, by the county board, in
such counties that the same has been audited and found
correct and so attested; and if, after auditing, the county board is
unable to approve the same, the county officer so making the same
shall be forthwith notified in writing that the report, giving the
date thereof, by him or her filed, is incorrect, and the notification shall
state wherein the same is incorrect, and that the county board is
unable to approve the same.

The county officers named herein, in making their report, as provided
for herein, shall in no case include in the report any item previously
reported, but shall make a separate report of all fees and emoluments which
have previously been returned not received and which have been paid
during the half year previous to making any such report, designating them
as in other cases and indicating in what half year the same were
earned. Nothing in this provision shall be construed as depriving
the county boards of counties of the third class of the authority to
prescribe forms to the county officers in counties of the third class,
to be used by them in reporting such fees.

The county boards in counties of all classes shall have full authority
in their respective meetings, to inspect, examine and audit the records,
feebooks, books, papers, forms, memoranda and reports of any county officer
in which fees are charged or recorded and in which is kept any minutes or
records of the business of their respective offices for the purpose of
checking, auditing and correcting the accounts rendered by the county officers.

All fees, perquisites and emoluments received by said county officers in
counties of the first and second classes shall be paid into the county
treasury, and every county officer in counties of the third class, shall
pay into the county treasury at the end of each current
month all fees received by him or her during the said month which, under the
constitution of this State, he is required to pay into the county treasury.

Provided that in counties of the first and second classes all excess
fees of the county officers paid into the county treasury as above provided
shall be placed in a separate fund to be known as “county officers fund”
and used for the purpose of paying any of the necessary expenses of the
several county officers, including stationery, printing and office supplies
when bills for the payment thereof have been properly allowed by the county
board, and after the thirtieth day of November of each year any unexpended
moneys which were paid into such fund during the preceding year shall be
accredited to the general fund of the county.

The county treasurer in all counties, shall keep a book for the purpose
of entering all fees received by him or her, in which shall be entered and set
forth particularly the amount of fees received, from whom and when
received, which book shall be subject to the inspection of the county boards.

Any officer who fails or refuses to permit county boards or any one
authorized by such boards, to have free and unrestricted access to books,
papers, records and memoranda, as provided for herein, or fails or refuses
to make the payments to the county treasurer, as herein provided, or fails
or refuses to produce books for inspection or fails or refuses to make the
semi-annual report, as herein provided, shall be guilty of a petty offense.
And any officer named herein, who fails to enter fees in a book, as
required by this Division, or to use the books, forms,
reports and records, as provided herein to be used by them in counties of
the third class, or who makes a false entry of the same, or who falsifies
a semi-annual report, shall be deemed guilty of a petty offense of
malfeasance in office, for each offense, 1/2 of such fine to be paid to the
complainant and 1/2 to the county treasurer.

All acts or portions of acts in conflict with this are hereby repealed.

(Source: P.A. 86-962.)

(55 ILCS 5/Div. 3-14 heading)

Division 3-14.
Officers and Employees in Cook County

(55 ILCS 5/3-14001) (from Ch. 34, par. 3-14001)

Sec. 3-14001.

Appointment of officers and employees; salaries
and bond. All officers and employees of the county of Cook, in the
classification hereinafter provided for, except those whose election or
appointment is otherwise provided for by law, and except those enumerated
in Section 3-14022, shall be appointed by the president of the board,
according to the provisions of this Section. The salaries or rate of
compensation of all officers and employees of said county, when not
otherwise provided by law, shall be fixed by the board of commissioners and
shall be fixed prior to the adoption of the annual appropriation, and shall
not be changed during the year for which the appropriation is made. The
board of commissioners shall also determine whether any or what amount of
bond any officer or employee shall give.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14002) (from Ch. 34, par. 3-14002)

Sec. 3-14002.
Position-classification agency.
The Board of
Commissioners shall have the authority to create a position-classification
agency and to delegate to such agency the power to establish and maintain a
position-classification and compensation plan for all county employees
except those whose election or appointment is otherwise provided for by law
and except those enumerated in Section 3-14022. Without limitation as to
the generality hereof the authority of such agency shall also extend to the
offices of the Clerk of the Circuit Court, Sheriff, County Treasurer,
Recorder, Coroner, Jury Commissioners, Public Defender, County Clerk,
State’s Attorney, County Assessor, Board of Appeals and Superintendent
of Schools.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14002.5)

Sec. 3-14002.5.
Power to deduct wages for debts.

(a) Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more, the Cook County Forest Preserve District,
the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Board of Education, or a
housing authority of a municipality with a population of 500,000 or more
that a debt is due and owing the
municipality, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
by an employee of a county with a population of 3,000,000 or more,
the county may withhold, from the compensation of that employee, the amount of
the
debt that is due and owing and pay the amount withheld to the
municipality, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority; provided, however, that
the amount deducted from any
one
salary or wage payment shall not exceed 25% of the net amount of the
payment.

(b) Before the county deducts any amount from any salary or
wage of an employee under this Section, the municipality, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
shall
certify
that (i) the employee has been afforded an opportunity for a hearing to
dispute the debt that is due and owing the municipality, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority and (ii) the employee has
received notice of a wage deduction order and has
been afforded an opportunity for a hearing to object to the order.

(1) “Net amount” means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted.
(2) “Debt due and owing” means (i) a specified sum of money owed to the municipality, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review.

(d) Nothing in this Section is intended to affect the power of a county to
withhold the amount of any debt that is due and owing the county by any of its
employees.

(Source: P.A. 92-109, eff. 7-20-01.)

(55 ILCS 5/3-14003) (from Ch. 34, par. 3-14003)

Sec. 3-14003.

Department of construction, maintenance and
operation. The Board of Commissioners shall have the authority to create
and maintain a department of construction, maintenance and operation to
which may be assigned such powers as the board may deem necessary for the
proper construction, maintenance and operation of all buildings owned or
controlled by the County and used for County purposes.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14004) (from Ch. 34, par. 3-14004)

Sec. 3-14004.
Department of central services.
The Board of
Commissioners shall have the authority to create and maintain a department
of central services to which may be assigned such powers as the Board may
deem necessary for the proper functioning of the County government.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14005) (from Ch. 34, par. 3-14005)

Sec. 3-14005.
Budget department.
The board of commissioners shall
create and maintain a budget department to prepare an executive budget for
the County of Cook as directed by the president. The department shall be
headed by a budget director, who shall be appointed by the president with
the advice and consent of the board of commissioners.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14006) (from Ch. 34, par. 3-14006)

Sec. 3-14006.
Creation of bureau of administration.
The Board of Commissioners of Cook County shall create and maintain a
bureau of administration which shall be headed by a chief administrative
officer appointed by the president with the approval of the board. The
bureau shall consist of the department of budget, the department of
personnel, the department of management services, and the department of
county planning.

Each department mentioned respectively has and shall exercise the
powers, duties, responsibilities, functions and authority provided by law
for those purposes or functions.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14007) (from Ch. 34, par. 3-14007)

Sec. 3-14007.
Chief administrative officer.
The chief administrative
officer shall be a professional administrator experienced in public
administration. He shall serve at the pleasure of the president and until
his successor has been appointed and confirmed. Neither his political
beliefs nor his residence shall be factors when a candidate is under
consideration for the position of chief administrative officer.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14008) (from Ch. 34, par. 3-14008)

Sec. 3-14008.
Powers and duties of chief administrative officer.
The chief administrative officer shall be responsible for the management
and direction of the bureau of administration and of any other agency,
function, or matter the county board may assign to him from time to time.
He shall be under the policy direction and the control of the president and
the county board, and his administrative actions shall be in conformance
with the laws and in accordance with the decisions and authorization of the
president and the board. He shall be privileged to attend all meetings of
the county board and its committees with the right to participate in
discussions but with no right to vote. The chief administrative officer has
all the powers and shall exercise all the duties granted elsewhere in this
Code to the Board of Commissioners of Cook County with respect to the
preparation of county budgets or budget estimates and the administration of
county budget appropriations including Sections 6-24002, 6-24003 and
6-24010. He shall carry out a continuing review of all county departments,
agencies, operations and needs, and shall, at his discretion or when
requested, make recommendations with respect to any or all matters
relevant thereto.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14009) (from Ch. 34, par. 3-14009)

Sec. 3-14009.
Department of management services.
The department of management services shall encompass systems and
procedures, planning of data processing, administrative analysis, and
related management staff services, including any additional relevant
responsibilities that the county board may prescribe.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14010) (from Ch. 34, par. 3-14010)

Sec. 3-14010.
Department of Data Processing.
The Board of
Commissioners has authority to create and maintain a Department of Data
Processing to which may be assigned such powers as the County Board may
deem necessary for the proper functioning of County government. This
department has authority to service all County departments, offices and
agencies established under the Board of Commissioners. The Board of
Commissioners may enter into agreements with constitutional officers of
county government for such services by the Department of Data Processing
within the respective offices of such elected county officers. The
department shall be headed by a Director, who shall be appointed by the
President with the advice and consent of the Board of
Commissioners.

(Source: P.A. 90-655, eff. 7-30-98.)

(55 ILCS 5/3-14011) (from Ch. 34, par. 3-14011)

Sec. 3-14011.
Civil service commission.
The president of the county
board shall at the first regular meeting of the first day after July, A. D.
1895, appoint three persons, who shall constitute and be known as the civil
service commission of said county; one for a term ending on the first
Monday of December, A. D. 1895; one for a term ending on the first Monday
of December, A. D. 1896; one ending on the first Monday of December, A. D.
1897, and until their respective successors are appointed and qualified.
And at the respective dates above named, or soon thereafter, the president
shall in like manner appoint one person as the successor, or a commission,
whose term shall then expire, to serve as a commissioner for three years,
and until his successor is in like manner appointed and qualified. Two
commissioners shall constitute a quorum. All appointments to such
commission, both original and to fill vacancies, shall be so made that not
more than two members shall at the time of appointment be members of the
same political party. Said commissioner shall hold no other lucrative
office or employment under the United States, the State of Illinois, or any
municipal corporation or political division thereof. Each commissioner,
before entering upon the duties of his office, shall take the oath
prescribed by the Constitution of this State.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14012) (from Ch. 34, par. 3-14012)

Sec. 3-14012.
Removal of commissioners; vacancy.
The president
may, in his discretion, remove any commissioner for incompetence, neglect
of duty or malfeasance in office. The president shall, at the next regular
meeting, report in writing any such removal to the board, with his reasons
therefor. Any vacancy in the office of civil service commissioner shall be
filled by appointment by the president.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14013) (from Ch. 34, par. 3-14013)

Sec. 3-14013.
Classification of offices and places.
Said commissioners shall classify all the offices and places
of employment in said county with reference to the examination
hereinafter provided for, except those offices and places mentioned
in Section 3-14022. The offices and places so classified by the
commission shall constitute the classified civil service of said
county, and no appointments to any of such offices or places or
removals therefrom shall be made except under and according to
the rules hereinafter mentioned.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14014) (from Ch. 34, par. 3-14014)

Sec. 3-14014.
Rules.
Said commission shall make rules to
carry out the purposes of this Division, and for examinations,
appointments and removals in accordance with its provisions, and the
commission may, from time to time, make changes in the original rules.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14015) (from Ch. 34, par. 3-14015)

Sec. 3-14015.
Publication of rules and effective date.
All rules made as hereinbefore provided, and all changes
therein, shall forthwith be printed for distribution by said
commission; and the commission shall give notice of the place
or places where said rules may be obtained, by publication in
one or more daily newspapers published in such county; and in
each such publication shall be specified the date, not less
than ten days subsequent to the date of such publication, when
said rules shall go into operation.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14016) (from Ch. 34, par. 3-14016)

Sec. 3-14016.
Examination.
of applicants. All applicants for
offices or places in said classified service, except those mentioned in
Section 3-14022 shall be subjected to examination, which shall be public,
competitive and open to all citizens of the United States who possess the
prerequisites necessary to the performance of the duties of the position,
with specified limitations as to residence, age, health, habits and moral
character, as stated in the notice of the examination. Such examinations
shall be practical in their character and shall relate to those matters
which will fairly test the relative capacity of the persons examined to
discharge the duties of the positions to which they seek to be appointed,
and shall include tests of physical qualifications and health, and when
appropriate, of manual skill. No questions in any examination shall relate
to political or religious opinion or affiliations. The commission shall
control all examinations and may, when an examination is to take place,
designate a suitable number of persons, either in or not in the official
service of said county, to be examiners; and it shall be the duty of such
examiners, and, if in the official service, it shall be a part of their
official duty, without extra compensation, to conduct such examination as
the commission may direct, and make return or report to said commission;
and the commission may at any time, act as such examiners, and without
appointing examiners. The examiners at any examination shall not all be
members of the same political party.

Every applicant who desires to take any civil service examination
provided for by this Division, shall, at the time of making application,
pay to the County a fee, as hereinafter provided, to defray the expenses of
such examination. Such fee shall be deposited in the general fund of the
County. Fees to be paid shall be determined from the minimum announced
salary for the positions to be filled, and shall be as follows:

Minimum salary of less than $1200 annually $0.50

Minimum salary of $1200 or over and less

than $2000 annually

1.00

Minimum salary of $2000 or over and less

than $3000 annually

2.00

Minimum salary of $3000 or more annually 3.00

which do not carry monetary compensations shall be fixed by action of the
Commission at the time such examinations are called.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14017) (from Ch. 34, par. 3-14017)

Sec. 3-14017.
Notice of examination.
Notice of the time and place
and general scope and fee of every examination shall be given by the
commission by publication for two weeks preceding such examination, in a
newspaper of general circulation published in said county, and such notice
shall also be posted by said commission in a conspicuous place in their
office for two weeks before such examination. Such further notice of
examination may be given as the commission shall prescribe.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14018) (from Ch. 34, par. 3-14018)

Sec. 3-14018.
Registers of candidates.
From the returns or reports
of the examiners, or from the examinations made by the commission, the
commission shall prepare a register for each grade or class of positions in
the classified service of said county, of the person whose general average
standing upon examination for such grade or class is not less than the
minimum fixed by the rules of such commission, and who are otherwise
eligible; and such persons shall take rank upon the registers as candidates
in the order of their relative excellence, as determined by examination,
without reference to priority of time of examination. Said commission may
strike off names of candidates from the register after they have remained
thereon for more than two years.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14019) (from Ch. 34, par. 3-14019)

Sec. 3-14019.
Promotions.
The Commission shall, by its rules,
provide for promotion in such classified service, on the basis of
ascertained merit, examination and seniority in service, and shall provide,
in all cases where it is practicable, that vacancies shall be filled by
promotion. All examinations for promotion shall be competitive among such
members of the next lower rank or grade as desire to submit themselves to
such examination; provided, however, the commission, in order to create or
increase competition, may combine ranks or grades for the purpose of
promotion; and it shall be the duty of the commission to submit to the
appointing power the names of not more than three applicants for each
promotion having the highest rating. The method of examination and the
rules governing the same and the method of certifying shall be the same as
provided for applicants for original appointment.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14020) (from Ch. 34, par. 3-14020)

Sec. 3-14020.
Appointments to classified service.
The head
of the institution, department or office in which a position classified
under this Division is to be filled, shall notify the president of the
board and said commission of that fact, and said commission shall certify
to the appointing officer the name and address of the candidate standing
highest upon the register for the class or grade said position belongs to,
except that in case of laborers, where a choice by competition is
impracticable, said commission may provide by its rules that the selection
may be made by lot from among those candidates proved fit by examination.
In making such certification, sex shall be disregarded. Said appointing
officer, meaning thereby the president of said board, shall notify said
commission of each position to be filled separately, and shall fill such
place by the appointment of the person certified by said commission
therefor, which appointment shall be on probation for a period to be fixed
by said rules. At or before the expiration of the period of probation, the
officer having the power of appointment may, with the consent of said
commission, discharge such person so appointed on probation, upon assigning
in writing to said commission his or her reasons therefor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14021) (from Ch. 34, par. 3-14021)

Sec. 3-14021.
Preference to veterans in appointments.
Persons
who were engaged in the military or naval service of the United States
during the years 1898, 1899, 1900, 1901, 1902, 1914, 1915, 1916, 1917,
1918, 1919, any time between September 16, 1940 and July 25, 1947, or any
time during the national emergency between June 25, 1950 and January 31,
1955, and who were honorably discharged therefrom, and all persons who were
engaged in such military or naval service during any of said years, any
time between September 16, 1940 and July 25, 1947, or any time during the
national emergency between June 25, 1950 and January 31, 1955, who are now
or may hereafter be on inactive or reserve duty in such military or naval
service, not including, however, persons who were convicted by
court-martial of disobedience of orders, where such disobedience consisted
in the refusal to perform military service on the ground of alleged
religious or conscientious objections against war shall be preferred for
appointment to civil offices, positions, and places of employment in the
classified service of the county, provided they are found
to possess the business capacity necessary for the proper discharge of the
duties of such office, position, or place of employment as determined by
examination for original entrance.

The Civil Service Commission on certifying from any existing register of
eligibles resulting from the holding of an examination for original
entrance or any register of eligibles that may be hereafter created of
persons who have taken and successfully passed the examinations provided
for in this Division for original entrance commenced prior to September 1,
1949, shall place the name or names of such persons at the head of any
existing eligible register or list of eligibles that shall be created under
the provisions of this Division to be certified for appointment. The Civil
Service Commission shall give preference for original appointment to
persons as hereinabove designated whose names appear on any register of
eligibles resulting from an examination for original entrance held under
the provisions of this Division and commenced on or after September 1, 1949
by adding to the final grade average which they received or will receive as
the result of any examination held for original entrance, five points. The
numerical result thus attained shall be applied by the Civil Service
Commission in determining the position of such persons on any eligible list
which has been created as the result of any examination for original
entrance commenced on or after September 1, 1949 for purposes of preference
in certification and appointment from such eligible list.

Every certified Civil Service employee who was called to, or who
volunteered for, the military or naval service of the United States at any
time during the years specified in this Division, at any time between September
16, 1940 and July 25, 1947, or any time during the national emergency
between June 25, 1950 and January 31, 1955, and who was honorably
discharged therefrom, who is now or who may hereafter be on inactive or
reserve duty in such military or naval service, not including, however,
persons who were convicted by courtmartial of disobedience of orders where
such disobedience consisted in the refusal to perform military service on
the ground of alleged religious or conscientious objections against war,
and whose name appears on existing promotional eligible registers or on any
promotional eligible register that may hereafter be created, shall be
preferred for promotional appointments to civil offices, positions, and
places of employment in the classified civil service of any county coming
under the provisions of this Division. The Civil Service Commission shall give
preference for promotional appointment to persons as hereinabove designated
whose names appear on existing promotional eligible registers or
promotional eligible registers that may hereafter be created by adding to
the final grade average which they received or will receive as the result
of any promotional examination commencing prior to September 1, 1949
three-fourths of one point for each 6 months or fraction thereof of
military or naval service not exceeding 30 months, and by adding to the
final grade average which they will receive as the result of any
promotional examination held commencing on or after September 1, 1949
seven-tenths of one point for each 6 months or fraction thereof of military
or naval service not exceeding 30 months. The numerical results thus
attained shall be applied by the Civil Service Commission in determining
the position of such persons on any eligible list which has been created or
will be created as the result of any promotional examination held hereunder
for purposes of preference in certification and appointment from such
eligible list. No person shall receive the preference for a promotional
appointment granted by this Section after he has received one promotion
from an eligible list on which he was allowed such preference and which was
prepared as a result of an examination held on or after September 1, 1949.
No person entitled to preference or credit for military or naval service
hereunder shall be required to furnish evidence or record of honorable
discharge from the armed forces before any examination held under the
provisions of this Division but such preference shall be given after the
posting or publication of the eligible list or register and before any
certification or appointments are made from the eligible register.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14022) (from Ch. 34, par. 3-14022)

Sec. 3-14022.
Exemptions.
The following offices, positions and
places of employment are hereby exempted from the provisions of this
Division: officers elected by the people; the officers and
employees whose appointment and removal is otherwise provided
for by law; attorneys and other employees whose necessary
qualifications, in the judgment of the commission, include admission to
the practice of law in the state. The chief deputy assessor, deputy
assessor in charge of administrative service division, deputy assessor
in charge of real estate division and deputy assessor in charge of
personal property division, the appointment of whom shall be made by the
County Assessor of Cook County, shall not be included in the classified
service of Cook County. The superintendent of the Cook County Hospital
Mental Health Clinic and the purchasing agent, the appointment of whom
shall be made by the President of the Board of Commissioners of Cook
County, with the advice and consent of the Board of Commissioners
of Cook County, shall not be included in the classified service.
Provided, that the Board of Commissioners of Cook County may contract
with any recognized training school for the nursing of any or all of the
persons who are sick or mentally ill.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14023) (from Ch. 34, par. 3-14023)

Sec. 3-14023.
Removals from classified service.
No officer
or employee in the classified service of the county, who shall have been
appointed under said rules and after said examination, shall be removed or
discharged or suspended for a period of more than 30 days, except for
cause, upon written charges to be filed in the office of the Civil Service
Commission by the executive head of the department, institution, or office
in which such officer or employee is then employed,
or by the appointing officer, and after an opportunity to be heard in his
own defense. Such charges shall be investigated or heard by or before the
Civil Service Commission, or by or before some officer or board appointed
by the Commission to conduct such investigation or hearing. The Commission,
after receipt of such charges, shall set a date for a hearing on or
investigation of such charges, which date shall be within 30 days from the
date of the suspension of such officer or employee on such charges pending
such investigation or hearing. The hearing shall be public, and the officer
or employee shall be entitled to call witnesses in his own defense and to
have the aid of counsel. The finding and decision of such Commission or
officer or board appointed by it to conduct such investigation when
approved by said Commission shall be certified to the appointing officer,
and shall be forthwith enforced by such officer. In making its finding and
decision, or in approving the finding and decision of some officer or board
appointed by it to conduct such investigation or hearing, the Civil Service
Commission may, for disciplinary purposes, suspend an officer or employee
for a period of time not to exceed 90 days, and in no event to exceed a
period of 120 days from the date of any suspension of said officer or
employee, pending investigation of such charges.

Nothing in this Division shall limit the authority of the
appointing officer or the executive head of any department, institution or
office to suspend a subordinate for a reasonable period not exceeding 30
days. Any officer or employee serving his or her probationary period fixed
by the Commission may be discharged by the appointing officers or the
executive head of the department, institution, or office in which such
officer or employee is then employed, without reference to the provisions of this Section.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14024) (from Ch. 34, par. 3-14024)

Sec. 3-14024.
Lay-offs.
Whenever it becomes necessary through lack
of work or funds, or whenever a position is abolished and the number of
employees in a department must be reduced, the employee shall first be laid
off who has the lowest seniority in the grade and department in which the
reduction is to be made, except in the classification of laborer, where
candidates are not listed according to their relative proficiency as
provided in Section 3-14020, and where the employment is on a seasonal or
“as required” basis, the performance on the job of the employee shall be
considered rather than seniority.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14025) (from Ch. 34, par. 3-14025)

Sec. 3-14025.
Reports to commission.
Immediate notice in writing
shall be given by the appointing power to said commission of all
appointments, permanent or temporary, made in such classified civil
service, and of all transfers, promotions, resignations or vacancies from
any cause in such service and of the date thereof and a record of the same
shall be kept by said commission. When any office or place of employment is
created or abolished, or the compensation attached thereto altered, the
officer or board making such change shall immediately report it in writing
to said commission.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14026) (from Ch. 34, par. 3-14026)

Sec. 3-14026.
Investigations.
The commission shall
investigate the enforcement of this Division and its rules,
and the action of examiners herein provided for and the conduct
and action of the appointees on the classified civil service of
said county. In the course of such investigation each commissioner
shall have power to administer oaths, and said commission shall
have power to secure by its subpoena both the attendance and
testimony of witnesses and the production of books and papers
relevant to such investigations.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14027) (from Ch. 34, par. 3-14027)

Sec. 3-14027.
Report of commission.
Said commission shall on or
before the first Monday of September of each year make to the president for
transmission to the board of commissioners a report showing its own action,
the rules in force, the practical effects thereof, and any suggestions it
may approve for the more effectual accomplishment of the purposes of this
Division. The president may require a report from said commission at any time.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14028) (from Ch. 34, par. 3-14028)

Sec. 3-14028.
Chairman and secretary.
The civil service commission
shall select one of their own number to act as chairman and one as
secretary. The secretary shall keep the minutes of its proceedings,
preserve all reports made to it, keep a record of all examinations held
under its direction and perform such other duties as the commission shall
require.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14029) (from Ch. 34, par. 3-14029)

Sec. 3-14029.
County officers to aid commission.
All officers
of said county shall aid said commission in all proper ways in carrying out
the provisions of this Division, and at any place where examinations are to
be held shall allow the reasonable use of public buildings for holding such
examinations. The board of county commissioners shall cause suitable rooms
to be provided for said commission at the expense of said county.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14030) (from Ch. 34, par. 3-14030)

Sec. 3-14030.
Salaries and expenses.
Each of said civil service
commissioners and the personnel director and chief examiner shall receive a
salary to be fixed by the Board of Commissioners, and said commission may
incur necessary expenses for printing, stationery and other incidental matters.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14031) (from Ch. 34, par. 3-14031)

Sec. 3-14031.
Appropriations.
A sufficient sum of money shall be
appropriated each year by said board to carry out the provisions of this
Division in said county. If the board shall have already made
the annual appropriation for county purposes for the current fiscal year,
the board is authorized and required to pay the salaries and expenses of
the civil service commission for such fiscal year out of the moneys
appropriated for contingent purposes of said board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14032) (from Ch. 34, par. 3-14032)

Sec. 3-14032.
Frauds prohibited.
No person or officer shall wilfully
or corruptly, by himself or cooperation with any one or more other persons,
defeat, deceive or obstruct any person in respect to his or her right of
examination, or corruptly or falsely mark, grade, estimate or report upon
the examination or proper standing of any person examined hereunder, or aid
in so doing, or wilfully or corruptly make any false representation
concerning the same or concerning the person examined, or wilfully or
corruptly furnish to any person any special or secret information for the
purpose of improving or injuring the prospects or chances of any person so
examined, or to be examined, being employed or promoted.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14033) (from Ch. 34, par. 3-14033)

Sec. 3-14033.

Soliciting or receiving political contributions
prohibited. No officer or employee in the classified civil service of
said county, or named in Section 3-14022, shall solicit, orally or by
letter, or receive or pay, or be in any manner concerned in soliciting,
receiving or paying any assessments, subscriptions or contributions for any
party or political purposes whatever.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14034) (from Ch. 34, par. 3-14034)

Sec. 3-14034.

Solicitation of political contributions from officers or
employees prohibited. No person shall solicit orally or by letter, or be
in any manner concerned in soliciting any assessment, contribution or
payment, for any party or for any political purpose whatever, from any
officer or employee in the classified civil service of said county, or
named in Section 3-14022.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14035) (from Ch. 34, par. 3-14035)

Sec. 3-14035.

Soliciting or delivering political contributions in
public offices forbidden. No person shall in any room or
building occupied for the discharge of official duties by any officer or
employee in the classified civil service of said county, or named in
Section 3-14022, solicit, orally or by written communication, deliver
therein or in any other manner, or receive any contribution of money or
other thing of value, for any party or political purpose whatever. No
officer, agent, clerk or employee in the classified civil service of said
county, or named in Section 3-14022, who may have charge or control of any
building, office or room occupied for any purpose of said government, shall
permit any person to enter the same for the purpose of therein soliciting
or delivering written solicitations for, or receiving or giving notice of
any political assessments.

(Source: P.A. 86-962; 86-1475.)

(55 ILCS 5/3-14036) (from Ch. 34, par. 3-14036)

Sec. 3-14036.
Payments of political contributions to public
officers prohibited. No officer or employee in the classified civil
service of said county, or named in Section 3-14022, shall directly or
indirectly, give or hand over to any officer or employee, or to any senator
or representative or alderperson, councilman, or commissioner, any money or
other valuable thing on account of or to be applied to the promotion of any
party or political object whatever.

(Source: P.A. 102-15, eff. 6-17-21.)

(55 ILCS 5/3-14037) (from Ch. 34, par. 3-14037)

Sec. 3-14037.
Abuse of political influence prohibited.
No officer or employee in said classified service, or named
in Section 3-14022, shall discharge or degrade, or promote,
or in any manner change the official rank or compensation of
any other officer or employee, or promise or threaten to do so,
for giving or withholding or neglecting to make any contribution
of money, or other valuable thing, for any party or political
purpose, or for refusal or neglect to render any part or political
service.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14038) (from Ch. 34, par. 3-14038)

Sec. 3-14038.
Payment for appointment or promotion prohibited.
No applicant for appointment in said classified civil service, or to a
position named in Section 3-14022, either directly or indirectly, shall
pay, or promise to pay any money or other valuable thing to any person
whatever for or on account of his appointment, or proposed appointment, and
no officer or employee in said civil service or named in said Section
3-14022 shall pay or promise to pay, either directly or indirectly, any
person any money or other valuable thing whatever for or on account of
his promotion.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14039) (from Ch. 34, par. 3-14039)

Sec. 3-14039.

Recommendations in consideration of political service
prohibited. No applicant for appointment or promotion in classified civil
service shall ask for or receive a recommendation for assistance from any
officer or employee in said service, or of any person upon the
consideration of any political service to be rendered to or for such person
or for the promotion of such person to any office or employment.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14040) (from Ch. 34, par. 3-14040)

Sec. 3-14040.
Disallowance of certain claims.
No accounting
or auditing officer shall allow the claim of any public officer for
services of any deputy or other person employed in the public service in
violation of the provisions of the Division.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14041) (from Ch. 34, par. 3-14041)

Sec. 3-14041.
Certification of appointments and vacancies.
The commission shall certify to the county clerk or other auditing
officers, all appointments to offices and places in the classified civil
service, and all vacancies occurring therein, whether by dismissal,
resignation or death, and all findings made or approved by the commission
under the provisions of Section 3-14023, that a person shall be discharged
from the classified service.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14042) (from Ch. 34, par. 3-14042)

Sec. 3-14042.
Comptroller to pay salaries only after certification.
No county clerk, comptroller or other auditing officer of said county shall
approve the payment of, or be in any manner concerned in paying any salary
or wages to any person for services as an officer or employee of said
county unless such person is occupying an office or place of employment
according to the provisions of law and is entitled to payment therefor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14043) (from Ch. 34, par. 3-14043)

Sec. 3-14043.
Subpoenas; witness fees.
Any person who shall be served
with a subpoena to appear and testify, or to produce books and papers,
issued by the commission or by any commissioners, or by any board or person
acting under the orders of the commission in the course of an investigation
conducted either under the provisions of Section 3-14023 or Section
3-14026, and who shall refuse or neglect to appear or testify, or to
produce books and papers relevant to the investigation as commanded in such
subpoena, shall be guilty of a misdemeanor, and shall, on conviction, be
punished as provided in Section 3-14044. The fees of witnesses for
attendance and travel shall be the same as the fees of witnesses before the
circuit courts, and shall be paid from the appropriation for the expense of
the commission. And any circuit court, upon application of any such
commissioner or officer or board may, in its discretion, compel the
attendance of witnesses, the production of books and papers, and giving of
testimony before the commission, or before any such commissioner,
investigating board or officer by attachment for contempt or otherwise in
the same manner as the production of evidence may be compelled before such
court. Every person who, having taken an oath or made affirmation before a
commissioner or officer appointed by the commission authorized to
administer oaths, shall swear or affirm wilfully, corruptly and falsely,
shall be guilty of perjury, and upon conviction shall be punished accordingly.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14044) (from Ch. 34, par. 3-14044)

Sec. 3-14044.
Penalties.
Any person who shall wilfully, or
through culpable negligence violate any of the provisions of this
Division or any rule promulgated in accordance with the
provisions thereof shall be guilty of a Class B misdemeanor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14045) (from Ch. 34, par. 3-14045)

Sec. 3-14045.
Vacancy upon conviction; disqualification.
If
any person shall be convicted under the next preceding Section, any public
office or place of public employment, which such person may hold shall, by
force of such conviction, be rendered vacant, and such person shall be
incapable of holding any office or place of public employment for the
period of five years from the date of such conviction.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14046) (from Ch. 34, par. 3-14046)

Sec. 3-14046.
Prosecution for violations.
Prosecutions for violations
of this Division may be instituted either by the Attorney General, the
State’s attorney for the county in which the offense is alleged to have
been committed, or by the commission acting through special counsel. Such
suits shall be conducted and controlled by the prosecuting officers who
institute them, unless they request the aid of other prosecuting officers.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14047) (from Ch. 34, par. 3-14047)

Sec. 3-14047.
Audit committee.
The board of commissioners may
establish an audit committee, and may appoint members of the board or other
appropriate officers to the committee, to review audit reports, financial
reports or any other related document prepared under this Division,
including management letters proposed by or on behalf of the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14048) (from Ch. 34, par. 3-14048)

Sec. 3-14048.
County auditor.
In the County of Cook, there is hereby
created the office of auditor who shall be appointed by the President of
the County Board, in accordance with the terms and provisions of the law in
relation to civil service in said county, and whose compensation and
official bond shall be fixed by said board; and there shall be formulated,
installed and regulated by and under the direction and authority of the
County Board, and subject to the provisions of “The Local Records Act”, a
uniform system of books of account, forms, reports
and records to be used in the offices of every county officer of Cook
County which said system of books of account, forms, reports and records so
formulated under the direction of the said County Board and installed and
regulated shall be used by said county officers for the purpose of keeping
an accurate statement of moneys received by them and all the financial and
business transactions of their respective offices; and said auditor shall
audit or cause to be audited from day to day the receipts of the said
several offices and the reports of the said offices of the business
transactions of their respective offices and certify to their correctness
or incorrectness to the County Board. Said auditor shall report monthly to
the County Board a summarized and classified statement of the official
transactions of each of the said offices of each officer of Cook County for
each day of said month; and the said auditor shall further make a
semi-annual report to the County Board containing a recapitulation of the
receipts of the several offices for the preceding 6 months; such report to
include the period covered by the semi-annual report of the several
officers of the County of Cook to the County Board where a semi-annual
report is required by law from said officers.

For the purpose aforesaid the said County Board or any one authorized by
it in addition to the power and authority vested in them by Sections
3-13001 and 3-13002, as heretofore or hereafter amended, are vested with
power and authority to enter the office of any county officer of Cook
County at all times and to have free and unrestricted access to all the
books, papers, forms, reports, accounts and memoranda used by said officers
for the transaction of the business of their respective offices for the
purpose of auditing, checking or correcting the reports when reports to the
County Board are required from said offices by law, or compiling the
records provided herein to be made to the County Board, or auditing the
general business of the offices.

Said auditor may under the direction of the County Board prescribe new
forms, reports, accounts or records to be used by said officers in the
transaction of the said business of their several respective offices, or
change, alter or amend the same from time to time.

The said auditor may with the authority of the President of the County
Board employ assistants, the number and compensation of whom shall be fixed
by the County Board.

(Source: P.A. 86-962.)

(55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)

Sec. 3-14049. Appointment of physicians and nurses for the poor
and mentally ill persons. The appointment, employment and removal by the
Board of Commissioners of Cook County of all physicians and surgeons, advanced practice registered nurses, physician assistants, and
nurses for the care and treatment of the sick, poor, mentally ill or
persons in need of mental treatment of said county shall be made only in
conformity with rules prescribed by the County Civil Service Commission to
accomplish the purposes of this Section.

The Board of Commissioners of Cook County may provide that all such
physicians and surgeons who serve without compensation shall be appointed
for a term to be fixed by the Board, and that the physicians and surgeons
usually designated and known as interns shall be appointed for a term to
be fixed by the Board: Provided, that there may also, at the discretion of
the board, be a consulting staff of physicians and surgeons, which staff
may be appointed by the president, subject to the approval of the board,
and provided further, that the Board may contract with any recognized
training school or any program for health professionals for health care services of any or all of such sick or mentally ill
or persons in need of mental treatment.

(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)

(55 ILCS 5/Div. 3-15 heading)

Division 3-15.
County Department of Corrections

(55 ILCS 5/3-15001) (from Ch. 34, par. 3-15001)

Sec. 3-15001.
Subtitle.
This Division shall be subtitled
the County Department of Corrections Law.

(Source: P.A. 86-962.)

(55 ILCS 5/3-15002) (from Ch. 34, par. 3-15002)

Sec. 3-15002.
Creation.
In any county having more than 1,000,000
inhabitants, there is created within the office of the Sheriff a Department
of Corrections, referred to in this Division as the “Department”.

(Source: P.A. 86-962; 87-895.)

(55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003)

Sec. 3-15003.
Powers and duties.
Under the direction of the Sheriff
the Department shall have the powers and duties enumerated as follows:

(a) To operate and have jurisdiction over the county jail, municipal
houses of correction within the county and any other penal, corrections or
prisoner diagnostic center facility operated by either the county jail or
municipal houses of correction.

(b) To have charge of all prisoners held in any institution, center or
other facility in the county over which it has jurisdiction under
subsection (a) of this Section, whether they are misdemeanants, felons,
persons held for trial, persons held in protective custody, persons held
for transfer to other detention facilities or persons held for non-payment
of fines, for violations of ordinances or any other quasi-criminal charges.
Nothing in this Division applies to minors subject to proceedings under the
Juvenile Court Act of 1987. It may transfer or recommit any prisoner
from one institution, center or other such facility to any other
institution, center or other facility whenever it determines that such
transfer or recommitment would promote the welfare or rehabilitation of the
prisoner, or that such transfer or recommitment is necessary to relieve
overcrowding.

(c) To establish diagnostic, classification and rehabilitation services
and programs at the county jail and such other facilities over which it has
jurisdiction under subsection (a) of this Section as may be appropriate.

(d) To establish, whenever feasible, separate detention and commitment
facilities and utilize the facilities over which it has jurisdiction under
subsection (a) of this Section in a manner which provides separate
detention and commitment facilities.

(Source: P.A. 86-962.)

(55 ILCS 5/3-15003.3)

Sec. 3-15003.3. Voter registration; county jails. Upon discharge of a person who is eligible to vote from a county jail, the county jail shall provide the person with a voter registration application. Each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. A county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote.

(Source: P.A. 101-442, eff. 1-1-20.)

(55 ILCS 5/3-15003.4)

Sec. 3-15003.4. Voting rights; county jails; probation offices.

(a) Each county jail and county probation office shall make available current resource materials, maintained by the Illinois State Board of Elections, containing detailed information regarding the voting rights of a person with a criminal conviction in print.

(b) The current resource materials described under subsection (a) shall be provided:

(1) upon discharge of a person from a county jail; and
(2) upon intake of a person by a county probation department.

(Source: P.A. 101-442, eff. 1-1-20.)

(55 ILCS 5/3-15003.5)

Sec. 3-15003.5.

County impact incarceration
program.

(a) Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff
in any county
with more than 3,000,000 inhabitants, shall have the power to operate a
county impact
incarceration program for persons eligible for a term of imprisonment, but
sentenced to a county impact incarceration program by the sentencing court. In order to be eligible to participate in a county impact
incarceration program, a person convicted of a felony
shall
meet the requirements set forth in
subsection (b) of Section 5-8-1.2 of the Unified Code of
Corrections.

(b) (Blank).

(c) The Sheriff, with the approval of the County Board of
Commissioners,
shall have the power to enter into intergovernmental cooperation agreements
with the Illinois Department of Corrections under which persons in the custody
of the Illinois Department may participate in the county
impact
incarceration program. No person shall be eligible for participation who does
not meet the criteria set forth in subsection (b) of Section 5-8-1.1 of the
Unified Code of
Corrections.
Offenders committed to the Illinois Department of Corrections who
successfully complete the county impact incarceration
program shall have their sentence reduced to time considered served upon
certification to the Court by the Illinois Department of Corrections that the
offender has successfully completed the program.

(Source: P.A. 88-469; 89-587, eff. 7-31-96.)

(55 ILCS 5/3-15003.6)

Sec. 3-15003.6. Pregnant female prisoners.

(a) Definitions. For the purpose of this Section and Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10:

(1) “Restraints” means any physical restraint or mechanical device used to control the movement of a prisoner’s body or limbs, or both, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield, or shackles of any kind.
(2) “Labor” means the period of time before a birth and shall include any medical condition in which a woman is sent or brought to the hospital for the purpose of delivering her baby. These situations include: induction of labor, prodromal labor, pre-term labor, prelabor rupture of membranes, the 3 stages of active labor, uterine hemorrhage during the third trimester of pregnancy, and caesarian delivery including pre-operative preparation.
(3) “Post-partum” means, as determined by her physician, advanced practice registered nurse, or physician assistant, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth.
(4) “Correctional institution” means any entity under the authority of a county law enforcement division of a county of more than 3,000,000 inhabitants that has the power to detain or restrain, or both, a person under the laws of the State.
(5) “Corrections official” means the official that is responsible for oversight of a correctional institution, or his or her designee.
(6) “Prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program, and any person detained under the immigration laws of the United States at any correctional facility.
(7) “Extraordinary circumstance” means an extraordinary medical or security circumstance, including a substantial flight risk, that dictates restraints be used to ensure the safety and security of the prisoner, the staff of the correctional institution or medical facility, other prisoners, or the public.

(b) A county department of corrections shall not apply security restraints to a prisoner that has been determined by a qualified medical professional to be pregnant and is known by the county department of corrections to be pregnant or in postpartum recovery, which is the entire period a woman is in the medical facility after birth, unless the corrections official makes an individualized determination that the prisoner presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the prisoner, her child or unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public. The protections set out in clauses (b)(3) and (b)(4) of this Section shall apply to security restraints used pursuant to this subsection. The corrections official shall immediately remove all restraints upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.

(1) Qualified authorized health staff shall have the authority to order therapeutic restraints for a pregnant or postpartum prisoner who is a danger to herself, her child, unborn child, or other persons due to a psychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored and discontinued by qualified and authorized health staff and used to safely limit a prisoner’s mobility for psychiatric or medical reasons. No order for therapeutic restraints shall be written unless medical or mental health personnel, after personally observing and examining the prisoner, are clinically satisfied that the use of therapeutic restraints is justified and permitted in accordance with hospital policies and applicable State law. Metal handcuffs or shackles are not considered therapeutic restraints.
(2) Whenever therapeutic restraints are used by medical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply.
(3) Leg irons, shackles or waist shackles shall not be used on any pregnant or postpartum prisoner regardless of security classification. Except for therapeutic restraints under clause (b)(2), no restraints of any kind may be applied to prisoners during labor.
(4) When a pregnant or postpartum prisoner must be restrained, restraints used shall be the least restrictive restraints possible to ensure the safety and security of the prisoner, her child, unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public, and in no case shall include leg irons, shackles or waist shackles.
(5) Upon the pregnant prisoner’s entry into a hospital room, and completion of initial room inspection, a corrections official shall be posted immediately outside the hospital room, unless requested to be in the room by medical personnel attending to the prisoner’s medical needs.
(6) The county department of corrections shall provide adequate corrections personnel to monitor the pregnant prisoner during her transport to and from the hospital and during her stay at the hospital.
(7) Where the county department of corrections requires prisoner safety assessments, a corrections official may enter the hospital room to conduct periodic prisoner safety assessments, except during a medical examination or the delivery process.
(8) Upon discharge from a medical facility, postpartum prisoners shall be restrained only with handcuffs in front of the body during transport to the county department of corrections. A corrections official shall immediately remove all security restraints upon written or oral request by medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.

(c) Enforcement.
No later than 30 days before the end of each fiscal year, the county sheriff or corrections official of the correctional institution where a pregnant prisoner has been restrained during that previous fiscal year, shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance of prisoner restraint pursuant to this Section. The written report shall state the date, time, location and rationale for each instance in which restraints are used. The written report shall not contain any individually identifying information of any prisoner. Such reports shall be made available for public inspection.

(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15003.7)

Sec. 3-15003.7. Corrections official training related to pregnant prisoners.

(a) A county department of corrections shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to:

(1) each corrections official employed by a county department at a correctional institution in which female prisoners are confined; and
(2) any other county department of corrections employee whose duties involve contact with pregnant prisoners.

(b) The training must include information regarding:

(1) appropriate care for pregnant prisoners; and
(2) the impact on a pregnant prisoner and the prisoner’s unborn child of:

(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.

(Source: P.A. 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15003.8)

Sec. 3-15003.8. Educational programming for pregnant prisoners. The Illinois Department of Public Health shall provide the county department of corrections with educational programming relating to pregnancy and parenting and the county department of corrections shall provide the programming to pregnant prisoners. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to children.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

(55 ILCS 5/3-15003.9)

Sec. 3-15003.9. Prisoner post-partum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner:

(1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and
(2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(Source: P.A. 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15003.10)

Sec. 3-15003.10. Housing requirements applicable to pregnant prisoners.

(a) A county department of corrections may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the director of the county department of corrections or the director’s designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner’s infant, or any other person or will attempt escape.

(b) A county department of corrections may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor.

(Source: P.A. 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15004)

Sec. 3-15004. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15005)

Sec. 3-15005. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15006)

Sec. 3-15006. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15007)

Sec. 3-15007. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15008)

Sec. 3-15008. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15009)

Sec. 3-15009. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15010)

Sec. 3-15010. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15011)

Sec. 3-15011. (Repealed).

(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15012) (from Ch. 34, par. 3-15012)

Sec. 3-15012. Director. The Sheriff shall appoint a Director to act as the
chief executive and administrative officer of the Department. The Director
shall be appointed by the Sheriff with the advice and consent of the county board. He or she shall serve at the pleasure of the Sheriff.
If the Director is removed, the Sheriff shall appoint his or her replacement with the advice and consent of the county board. The Director’s
compensation is determined by the County Board.

(Source: P.A. 95-448, eff. 1-1-08.)

(55 ILCS 5/3-15013) (from Ch. 34, par. 3-15013)

Sec. 3-15013.
Employees.
The number of employees of the Department
shall be fixed by order of the judges of the circuit court of the county.
The compensation of such employees shall be such as authorized by the
County Board. All employees are subject to “An Act in relation to County
Police Departments in certain counties, creating a County Police Department
Merit Board and defining its powers and duties”, approved August 5, 1963,
as now or hereafter amended (repealed).

(Source: P.A. 86-962.)

(55 ILCS 5/3-15014) (from Ch. 34, par. 3-15014)

Sec. 3-15014.
Annual budget recommendations.
The members of the Board
shall recommend an annual budget to the Sheriff.

(Source: P.A. 86-962.)

(55 ILCS 5/3-15015) (from Ch. 34, par. 3-15015)

Sec. 3-15015.
Appropriations.
The County Board must appropriate and
provide funds for the necessary ordinary and contingent cost incurred by
the office of the Sheriff in the performance of its powers, duties and
functions under this Division.

(Source: P.A. 86-962.)

(55 ILCS 5/3-15016) (from Ch. 34, par. 3-15016)

Sec. 3-15016.
Liability for expenses.
The County Board may require
convicted persons confined in a facility of the Department to reimburse the
county for the expenses incurred by their confinement to the extent of
their ability to pay for such expenses. The State’s attorney of the county
in which the facility is located, if authorized by the County Board, may
institute civil actions to recover from such convicted confined persons the
expenses incurred by their confinement. Such expenses recovered shall be
paid into the county treasury.

An arresting authority shall be responsible for any incurred medical
expenses relating to the arrestee until such time as the arrestee is placed
in the custody of the sheriff. However, the arresting authority shall not
be so responsible if the arrest was made pursuant to a request by the Sheriff.

For the purposes of this Section, “arresting authority” means a unit of
local government, other than a county, which employs peace officers and
whose peace officers have made the arrest of a person.
For the purposes of this Section, “medical expenses relating to the
arrestee” means only those expenses incurred for medical care or treatment
provided to an arrestee on account of an injury suffered by the arrestee
during the course of his arrest; the term does not include any expenses
incurred for medical care or treatment provided to an arrestee on account
of a health condition of the arrestee which existed prior to the time of
his arrest.

(Source: P.A. 86-962; 86-1028.)

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Article 3 – Officers And Employees

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Article 3 – Officers And Employees

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