Attorney General Opinions

Strip searches
S-1497: A strip search cannot be carried out for a traffic, regulatory or misdeameanor offense unless there is a "reasonable belief" that the arrested person is concealing weapons or a controlled substance. The attorney general said that the Woodford County sheriff's department booking-in procedure constitutes a strip search and must comply with the conditions.

Strip searches must be performed in private by a person of the same sex as the person searched and with the written permission of the police commander. The prisoner must receive a report with the names of those conducting the search (Ill. Rev. Stat. 1979, ch. 38, sec. 103-1). This does not restrict the police officer from conducting a routine search wherein he may "make a full search of the individual's person, including a pat-down and search of the pockets and clothing." If an officer discovers a weapon or what appears to be a weapon, the statute does not affect his right to reach into the suspect's clothing to retrieve it.

Access for handicapped
S-1496: When remodeling a privately owned public building, it is not required that the assessibility standards of the Facilities for the Handicapped Act be met. Privately owned public buildings need only comply with the standards at the construction stage (Ill. Rev. Stat. 1979, ch. 111 1/2, sec. 6). However, public buildings operated by the state, governmental entities or public authorities must comply with the standards in both construction and remodeling.

Unclaimed property
S-1498: The city of Des Plaines does not have the right under the powers of home rule to take over unclaimed property. Property held by a person dying without heirs will revert to the county of residence (Ill. Rev. Stat. 1979, ch. 49, sec. 1 et seq.), and property abandoned under the Uniform Disposition of Unclaimed Property Act is delivered to the Illinois Department of Financial Institutions (now part of the Department of Administrative Services) (Ill. Rev. Stat. 1979, ch. 141, sec. 113). Property held by public offices or authorities will escheat to the state if unclaimed for more than seven years (Ill. Rev. Stat. 1979, ch. 141, sec. 108).

Powers of a judge
S-1419: The chief judge of the Lake County Circuit Court cannot order the court clerk to hire additional employees to provide notices to people who have not claimed bail bond deposits. He also erred in directing clerk fees to be used as salaries. The authority to appoint deputies to send bail bond notices belongs to the circuit clerk, and the county board provides their salaries (Ill. Rev. Stat. 1979, ch. 25, sec. 9-10). To hire employees with funds from the clerk's office defies Article IV of the Constitution which states that "there shall be no fee officers in the judicial system."

Incompatible offices
S-1494: The offices of village mayor and school board member cannot be held concurrently. Since the school board and the village may contract together, and both deal with state revenue sharing funds, to hold both offices constitutes a conflict of interest. When a Rossville school board member took his position as mayor, ipso facto resignation of his school board position occured. But since he was regarded by the town as a member of the school board, his acts as board member are seen as valid, and decisions made during his term in office need not be rescinded.

Social security coverage
S-1495: The employees of the Marissa Public Library are employed by the village of Marissa and are therefore entitled to Social Security coverage as are all municipal employees. Although the Marissa Public Library has considerable independent authority, it cannot levy taxes and is not separate from the village.

October 1980/Illinois Issues/33