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HB 2889

STATE'S ATTORNEY-INVESTIGATOR

104th Regular Session Introduced by Terra Costa Howard

Illinois bill removes firearm carriage limit for county special investigators by striking the rule they may carry only with the State’s Attorney’s permission and on duty with ID.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2889

Summary — HB 2889 (State's Attorney — Special Investigator/firearms)

Note: The materials provided include text from two different bills numbered HB 2889 in different states (an Arizona bill concerning Empowerment Scholarship Accounts and an Illinois bill concerning the powers of a State’s Attorney). This summary focuses on the Illinois bill titled “State’s Attorney — special investigator” (55 ILCS 5/3‑9005), which matches the short title you provided.

Purpose

Amend the Counties Code (55 ILCS 5/3‑9005) to remove a statutory restriction that limited when a special investigator appointed by a County State’s Attorney may carry a firearm.

Key provision

  • Deletes the sentence that currently states: 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.”
  • In effect, this removes the explicit statutory limitation tying firearm carriage to (1) permission from the State's Attorney and (2) the special investigator being on duty/performing assigned duties while displaying identification.

Related/retained provisions in Section 3‑9005 (context)

  • The section continues to authorize State’s Attorneys to appoint one or more special investigators to serve subpoenas, make returns, and conduct investigations to assist prosecutorial duties.
  • Special investigators are subject to fingerprinting/background checks; conviction of a felony or crime involving moral turpitude disqualifies appointment.
  • Special investigators must complete basic police training approved by the Illinois Law Enforcement Training Standards Board (or qualify for a waiver based on prior experience/training) to have peace officer status.
  • State’s Attorneys are required to consult with affected local police agencies when special investigators are assigned to areas within those agencies’ jurisdictions.
  • Compensation, reimbursement, and county board approval/appropriation provisions remain.

Who is affected

  • Primary: special investigators appointed by County State’s Attorneys and county/state prosecutorial offices.
  • Secondary: local law enforcement agencies (coordination, jurisdictional interaction) and the public (public-safety implications).
  • Counties/boards (budget/appropriation and oversight responsibilities).

Potential impacts and issues to consider

  • Operational: May expand circumstances in which special investigators carry firearms (depending on implementation and local policy), potentially affecting interaction protocols with local police.
  • Training & oversight: Statutory training/waiver requirements remain, but removal of the permission/duty limitation may raise questions about off‑duty carriage, supervisory control, and liability.
  • Public safety and policy: Local policies or memoranda of understanding between State’s Attorneys and police departments may need review or updating to address firearm carriage, identification, interagency coordination, and use‑of‑force/discipline rules.
  • Legal/liability: Broader carriage could raise civil liability and workers’ compensation considerations; counties may wish to set explicit local rules.

Procedural status & sponsors (from provided materials)

  • Introduced (filed) 02/05/2025 (Rep. Terra Costa Howard — sponsor per provided IL filing).
  • First reading and referral activity in early February 2025 (2/6/2025 readings and referred to Rules Committee per the log).
  • Text shows amendment to 55 ILCS 5/3‑9005 (Counties Code).
  • Sponsors listed in the packet also include representatives from other jurisdictions; confirm the applicable legislative body (Illinois General Assembly) when tracking next steps.

If you want, I can:
- Locate the bill’s current status in the Illinois General Assembly database and list committee assignments/hearing dates, or
- Draft suggested model county policy language addressing off‑duty carriage, coordination, and training for special investigators.

Compiled from official sources — confirm details with the bill’s official record.

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