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91_HB4620
LRB9113273RCdv
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
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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 the following offenses 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 a
31 child, sexual exploitation of a child, soliciting for a
32 juvenile prostitute, keeping a place of juvenile
33 prostitution, juvenile pimping, or child pornography; and
34 (b) For the offenses of perjury, subornation of
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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.)