25 ILCS 85/ Legislative Commission Hearing Act.

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25 ILCS 85/0.01

(25 ILCS 85/0.01) (from Ch. 63, par. 13.01)

Sec. 0.01.

Short title.

This Act may be cited as the

Legislative Commission Hearing Act.

(Source: P.A. 86-1324.)

25 ILCS 85/1

(25 ILCS 85/1) (from Ch. 63, par. 13.1)

Sec. 1.

Definitions.

As used in this Act, unless the context requires otherwise:

"Commission" means a special or interim committee or commission of the
House of Representatives or the Senate, a joint committee or commission of
the House of Representatives and the Senate, any committee or commission
consisting of members of the General Assembly and of the public, or a duly
authorized subcommittee of any of the foregoing, but shall not be construed
to include any standing committee of either the House of Representatives or
the Senate.

"Hearing" means any public or private meeting of a Commission for the
purpose of hearing a witness testify under oath or affirmation.

"Public Hearing" means any hearing which is open to the public or any
hearing in which the testimony is made available to the public.

"Private Hearing" means any hearing which is not public.

"Person" means an individual, corporation, partnership, association,
organization or governmental agency.

(Source: Laws 1957, p. 2446.)

25 ILCS 85/2

(25 ILCS 85/2) (from Ch. 63, par. 13.2)

Sec. 2.

Statement of
subject of investigation: service on witness.

No person shall be required to testify at a hearing unless two members
of the Commission are present. No person shall be required to appear at any
hearing or testify unless he has been personally served with (a) a copy of
this Act and (b) a copy of the law or resolution authorizing the
investigation.

(Source: Laws 1957, p. 2446.)

25 ILCS 85/3

(25 ILCS 85/3) (from Ch. 63, par. 13.3)

Sec. 3.

Right to
counsel.

Any witness summoned to appear at a hearing shall have the right to be
accompanied by counsel, who shall be permitted to advise and counsel the
witness at any time.

(Source: Laws 1957, p. 2446.)

25 ILCS 85/3.1

(25 ILCS 85/3.1) (from Ch. 63, par. 13.3a)

Sec. 3.1.

Any witness who gives testimony at a hearing shall be paid the
same fees for attendance and travel as are paid in civil cases before the
circuit courts of this State. Such fees shall be paid when the witness is
excused from further attendance.

(Source: Laws 1961, p. 3301.)

25 ILCS 85/4

(25 ILCS 85/4) (from Ch. 63, par. 13.4)

Sec. 4.

Record of
proceedings.

An accurate record, which may be taken by tape recording or other
appropriate means, may be kept of the proceedings of any hearing. Upon his
written request to the chairman and at least one other member of the
Commission, a witness shall be furnished at a reasonable charge with a
transcript of the record insofar as it pertains to him or his testimony, if
such record was taken at a public hearing, or, if taken at a private
hearing, such record is subsequently used or referred to in a public
hearing or becomes relevant in any proceeding to which the witness is a
party. The record need not be transcribed or printed, except as herein
provided, unless the Commission shall so determine.

(Source: Laws 1957, p. 2446.)

25 ILCS 85/5

(25 ILCS 85/5) (from Ch. 63, par. 13.5)

Sec. 5.

Rights of persons defamed.

Any witness or any other person whose name is mentioned or who is
specifically identified at a public hearing and who reasonably believes
that such mention or identification tends to defame him or otherwise
adversely affect his reputation shall be afforded the following
privileges to be exercised within a reasonable time: (a) To be furnished
at a reasonable charge with a transcript of the record, if any has been
kept, as it pertains to him taken at a public hearing, (b) to file with
the Commission a written sworn statement (including exhibits thereto)
relevant to the matter referred to in such mention or identification,
and (c) if no record of the proceedings of a hearing has been kept, to
file affidavits alleging the mention or identification and the party
making such mention or identification wherein such witness or person
believes he was defamed. Such statement shall be made a part of the
record of the public hearing at which the witness believes himself to
have been defamed.

In addition, such person may file with the chairman and at least one
other member of the Commission a verified written request to appear
personally before the Commission. If, on the basis of the aforementioned
written sworn statement and the verified written request to be heard,
the Commission believes that such person has a reasonable cause to be
heard, it shall afford him the privilege of being heard.

(Source: Laws 1957, p. 2446.)