2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 2620/ Narcotic Control Division Abolition Act.
(20 ILCS 2620/0.01) (from Ch. 127, par. 55c.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Narcotic Control Division Abolition Act.
(Source: P.A. 86‑1324.)
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(20 ILCS 2620/1) (from Ch. 127, par. 55d)
Sec. 1.
The Division of Narcotic Control is abolished and its functions are
transferred to and shall be administered by the Department of State Police.
When used in this Act, unless the context otherwise indicates:
"Department" means the Department of State Police;
"Director" means the Director of the Department of State Police.
(Source: P.A. 84‑25.)
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(20 ILCS 2620/2) (from Ch. 127, par. 55e)
Sec. 2.
The Department shall enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting, having in
possession, dispensing, delivering, distributing or use of controlled
substances as defined in the "Illinois Controlled Substances Act", and
cannabis as defined in the "Cannabis Control Act" enacted by the 77th
General Assembly, as now or hereafter amended, and any other duties
conferred upon the Department by law.
(Source: P. A. 77‑770.)
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(20 ILCS 2620/3) (from Ch. 127, par. 55f)
Sec. 3.
The Director may, in conformity with the Personnel Code, employ
such inspectors, physicians, pharmacists, chemists, clerical and other
employees as are necessary to carry out the duties of the Department.
(Source: P.A. 76‑442.)
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(20 ILCS 2620/4) (from Ch. 127, par. 55g)
Sec. 4.
The Director and the inspectors appointed by him are conservators of the
peace and as such have all the powers possessed by policemen in cities and
by sheriffs, except that they may exercise such powers anywhere in the
State, in enforcing the duties conferred upon the Department by Section 2
of this Act.
(Source: P. A. 76‑442.)
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(20 ILCS 2620/5) (from Ch. 127, par. 55h)
Sec. 5.
The Department shall advise and inform local and other State
law‑enforcement officers of various controlled substances and cannabis
law‑enforcement practices and shall establish a central office where local
and other State law‑enforcement officers may report controlled substances
and cannabis violations and obtain information about controlled substances
and cannabis violators. Every local and other State law‑enforcement officer
shall report any violation of the controlled substances and cannabis laws
of this State to the Department.
(Source: P. A. 77‑770.)
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(20 ILCS 2620/6) (from Ch. 127, par. 55i)
Sec. 6.
The Department of State Police is authorized to establish
laboratories for the purpose of testing of controlled substances and
cannabis which are seized.
The Department of State Police shall formulate, adopt and put into
effect such reasonable rules and regulations as are necessary to carry
out the provisions of this Act.
(Source: P.A. 85‑1042.)
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(20 ILCS 2620/7) (from Ch. 127, par. 55j)
Sec. 7. Expenditures; evidence; forfeited property.
(a) The Director and the inspectors appointed by him, when authorized
by the Director, may expend such sums as the Director deems necessary in
the purchase of controlled substances and cannabis for evidence and in the
employment of persons to obtain evidence.
Such sums to be expended shall be advanced to the officer who is to make
such purchase or employment from funds appropriated or made available by
law for the support or use of the Department on vouchers therefor signed
by the Director. The Director and such officers are authorized to maintain
one or more commercial checking accounts with any State banking corporation
or corporations organized under or subject to the Illinois Banking Act for
the deposit and withdrawal of moneys to be used for the purchase of evidence
and for the employment of persons to obtain evidence; provided that no check
may be written on nor any withdrawal made from any such account except on
the written signatures of 2 persons designated by the Director to write
such checks and make such withdrawals.
(b) The Director is authorized to maintain one or more commercial bank
accounts with any State banking corporation or corporations organized under
or subject to the Illinois Banking Act, as now or hereafter amended, for the
deposit or withdrawal of (i) moneys forfeited to the Department, including
the proceeds of the sale of forfeited property, as provided in Section 2 of
the State Officers and Employees Money Disposition Act, as now or hereafter
amended, pending disbursement to participating agencies and deposit of the
Department's share as provided in subsection (c), and (ii) all moneys
being held as evidence by the Department, pending final court disposition;
provided that no check may be written on or any withdrawal made from any such
account except on the written signatures of 2 persons designated by the
Director to write such checks and make such withdrawals.
(c) All moneys received by the Illinois State Police as their share of
forfeited funds (including the proceeds of the sale of forfeited property)
received pursuant to the Drug Asset Forfeiture Procedure Act, the Cannabis
Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Environmental
Protection Act, or any other Illinois law shall be deposited into the State
Asset Forfeiture Fund, which is hereby created as an interest‑bearing special
fund in the State treasury.
All moneys received by the Illinois State Police as their share of
forfeited funds (including the proceeds of the sale of forfeited property)
received pursuant to federal equitable sharing transfers shall be deposited
into the Federal Asset Forfeiture Fund, which is hereby created as an
interest‑bearing special fund in the State treasury.
The moneys deposited into the State Asset Forfeiture Fund and the
Federal Asset Forfeiture Fund shall be appropriated to the Department of State
Police and may be used by the Illinois State Police in accordance with law.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
(20 ILCS 2620/8) (from Ch. 127, par. 55k)
Sec. 8. The Attorney General, upon the request of the Department, shall
prosecute any violation of this Act, and of the Illinois Controlled
Substances Act, the Cannabis Control Act, and the Methamphetamine Control and Community Protection Act.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
(20 ILCS 2620/9) (from Ch. 127, par. 55l)
Sec. 9.
The Director shall, in an annual report to the Governor, report the
results obtained in the enforcement of this Act, together with such other
information and recommendations as he deems proper.
(Source: P. A. 76‑442.)
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