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| [ Introduced ] | [ House Amendment 001 ] |
91_HB4072eng HB4072 Engrossed LRB9111281RCpc 1 AN ACT to amend the Statewide Grand Jury Act by changing 2 Section 3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Statewide Grand Jury Act is amended by 6 changing Section 3 as follows: 7 (725 ILCS 215/3) (from Ch. 38, par. 1703) 8 Sec. 3. Written application for the appointment of a 9 Circuit Judge to convene and preside over a Statewide Grand 10 Jury, with jurisdiction extending throughout the State, shall 11 be made to the Chief Justice of the Supreme Court. Upon such 12 written application, the Chief Justice of the Supreme Court 13 shall appoint a Circuit Judge from the circuit where the 14 Statewide Grand Jury is being sought to be convened, who 15 shall make a determination that the convening of a Statewide 16 Grand Jury is necessary. 17 In such application the Attorney General shall state that 18 the convening of a Statewide Grand Jury is necessary because 19 of an alleged offense or offenses set forth in this Section 20 involving more than one county of the State and identifying 21 any such offense alleged; and 22 (a) that he or she believes that the grand jury 23 function for the investigation and indictment of the 24 offense or offenses cannot effectively be performed by a 25 county grand jury together with the reasons for such 26 belief, and 27 (b) (1) that each State's Attorney with 28 jurisdiction over an offense or offenses to be 29 investigated has consented to the impaneling of the 30 Statewide Grand Jury, or 31 (2) if one or more of the State's Attorneys HB4072 Engrossed -2- LRB9111281RCpc 1 having jurisdiction over an offense or offenses to 2 be investigated fails to consent to the impaneling 3 of the Statewide Grand Jury, the Attorney General 4 shall set forth good cause for impaneling the 5 Statewide Grand Jury. 6 If the Circuit Judge determines that the convening of a 7 Statewide Grand Jury is necessary, he or she shall convene 8 and impanel the Statewide Grand Jury with jurisdiction 9 extending throughout the State to investigate and return 10 indictments: 11 (a) For violations of any of the following or for 12 any other criminal offense committed in the course of 13 violating any of the following: the Illinois Controlled 14 Substances Act, the Cannabis Control Act, the Narcotics 15 Profit Forfeiture Act, or the Cannabis and Controlled 16 Substances Tax Act; a streetgang related felony offense; 17 Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 18 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 19 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 20 24-1(c) of the Criminal Code of 1961; or a money 21 laundering offense; provided that the violation or 22 offense involves acts occurring in more than one county 23 of this State; and 24 (a-5) For violations facilitated by the use of a 25 computer, including the use of the Internet, the World 26 Wide Web, electronic mail, message board, newsgroup, or 27 any other commercial or noncommercial on-line service, of 28 any of thefollowingoffenses described in Article 11 or 29 Sections 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2 30 of the Criminal Code of 1961: indecent solicitation of a31child, sexual exploitation of a child, soliciting for a32juvenile prostitute, keeping a place of juvenile33prostitution, juvenile pimping, or child pornography; and 34 (b) For the offenses of perjury, subornation of HB4072 Engrossed -3- LRB9111281RCpc 1 perjury, communicating with jurors and witnesses, and 2 harassment of jurors and witnesses, as they relate to 3 matters before the Statewide Grand Jury. 4 "Streetgang related" has the meaning ascribed to it in 5 Section 10 of the Illinois Streetgang Terrorism Omnibus 6 Prevention Act. 7 Upon written application by the Attorney General for the 8 convening of an additional Statewide Grand Jury, the Chief 9 Justice of the Supreme Court shall appoint a Circuit Judge 10 from the circuit for which the additional Statewide Grand 11 Jury is sought. The Circuit Judge shall determine the 12 necessity for an additional Statewide Grand Jury in 13 accordance with the provisions of this Section. No more than 14 2 Statewide Grand Juries may be empaneled at any time. 15 (Source: P.A. 91-225, eff. 1-1-00.)