(20 ILCS 3930/10) (from Ch. 38, par. 210-10)
Sec. 10.
Supersedure and Transfer.
The Illinois Criminal Justice
Information Authority created by this Act supersedes and shall assume,
exercise and administer all rights, powers, duties and responsibilities
vested in the Illinois Law Enforcement Commission by "An Act creating an
Illinois Law Enforcement Commission and defining its powers and duties",
approved September 20, 1977, as amended, except:
(a) those rights, powers, duties and responsibilities created by that
Act with respect to the operation or administration of juvenile justice
programs pursuant to applicable State or federal laws or regulations; and
(b) the right, power, duty and responsibility to allocate, disburse and
account for grants of funds actually received by the Illinois Law Enforcement
Commission prior to January 1, 1983 from the United States pursuant to the
federal Crime Control Act of 1973, as amended, or pursuant to other similar
federal legislation.
The transfer to the Illinois Criminal Justice Information Authority of
the rights, powers, duties and responsibilities of the Illinois Law Enforcement
Commission as provided in this Section shall not be deemed to abolish or
diminish the exercise, by the Illinois Law Enforcement Commission or as
otherwise provided by law, of those rights, powers, duties and responsibilities
described in paragraphs (a) and (b) of this Section which are not transferred
to the Authority pursuant to this Section.
Personnel previously assigned to programs transferred pursuant to this
Section from the Illinois Law Enforcement Commission to the Authority, other
than the Executive Director of the Illinois Law Enforcement Commission,
are hereby transferred to the Authority. Effective April 1, 1983, personnel
of the Illinois Law Enforcement Commission previously assigned to the function
and responsibility described in paragraph (b) above of this Section -- except
such of those personnel who, immediately prior to April 1, 1983, were either
performing such function and responsibility for the primary benefit of,
or who were also assigned to the operation or administration of the juvenile
justice programs referred to in paragraph (a) above of this Section -- shall
be transferred to the Authority. The rights of the employees or the State
under the "Personnel Code" or under any other contract or plan, however,
shall not be affected thereby.
All books, records, papers, documents, real or personal property, unexpended
appropriations and pending business in any way pertaining to the rights,
powers, duties and responsibilities transferred by this Section shall be
delivered and transferred to the Authority. Effective April 1, 1983, all
books, records, papers, documents, real or personal property, unexpended
appropriations, undisbursed grant moneys, if any, and pending business
pertaining to the rights, powers, duties and responsibilities described in
paragraph (b) of this Section -- except such of said items as pertain
primarily to the juvenile justice programs referred to in paragraph (a)
above of this Section -- shall be transferred to the Authority.
All rights, powers, duties and responsibilities transferred pursuant to
this Act to the Illinois Criminal Justice Information Authority shall be
vested in and shall be exercised by that Authority subject to the provisions
of this Act. Each act done in the exercise of such rights, powers and duties
shall be exercised by that Authority subject to the provisions of this Act.
Each act done in the exercise of such rights, powers and duties shall have the
same legal effect as if done by the Illinois Law Enforcement Commission
or divisions, officers or employees thereof.
Every person or corporation shall be subject to the same obligations and
duties and any penalties, civil or criminal, arising therefrom, and shall
have the same rights arising from the exercise of such rights, powers and
duties as if such rights, powers and duties had been exercised by the Illinois
Law Enforcement Commission or divisions, officers or employees thereof.
Every officer and employee of the Illinois Criminal Justice Information
Authority shall, for any offense, be subject to the same penalty or
penalties, civil or criminal, as are prescribed by existing law for the
same offense by any officer or employee whose powers or duties were
transferred to him by this Act.
Whenever reports or notices are required to be made or given or paper or
documents furnished or served by any person to or upon the Illinois Law
Enforcement Commission or divisions, officers or employees thereof with
respect to any rights, powers, duties or responsibilities transferred pursuant
to this Act, the same shall be made, given, furnished or served in the same
manner to or upon the Illinois Criminal Justice Information Authority.
This Act shall not affect any act done, ratified or cancelled or any right
occurring or established or any action or proceeding had or commenced in
an administrative, civil, or criminal cause before this Act takes effect;
but such actions or proceedings may be prosecuted and continued by the Illinois
Criminal Justice Information Authority.
No rule or regulation promulgated by the Illinois Law Enforcement Commission
pursuant to an exercise of right, power or duty which has been transferred
to the Illinois Criminal Justice Information Authority shall be affected
by this Act, and all such rules and regulations shall become the rules and
regulations of the Illinois Criminal Justice Information Authority.
(Source: P.A. 82-1039.)
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