Sen. Dale A. Righter

Filed: 4/11/2011

 

 


 

 


 
09700SB1466sam001LRB097 07011 RLC 54296 a

1
AMENDMENT TO SENATE BILL 1466

2    AMENDMENT NO. ______. Amend Senate Bill 1466 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Article 108C as follows:
 
6    (725 ILCS 5/Art. 108C heading new)
7
ARTICLE 108C. STATE'S ATTORNEY'S INVESTIGATIVE SUBPOENAS

 
8    (725 ILCS 5/108C-1 new)
9    Sec. 108C-1. State's Attorney's investigative subpoenas.
10In those counties without a sitting grand jury and at any time
11prior to the commencement of a prosecution, upon written
12application by the State's Attorney as provided in Section
13108C-5, the circuit court shall cause the clerk of the court to
14issue subpoenas duces tecum directed to the sheriff or coroner
15of any county in this State for the purpose of obtaining any

 

 

09700SB1466sam001- 2 -LRB097 07011 RLC 54296 a

1document or material relevant to a criminal matter being
2investigated by the State's Attorney. For the purposes of this
3Article 108C, a prosecution is commenced upon the filing of a
4complaint or information with the court or the return of a bill
5of indictment.
 
6    (725 ILCS 5/108C-5 new)
7    Sec. 108C-5. Application by the State's Attorney. The
8State's Attorney's application shall set forth the nature of
9the matter he or she is investigating and the relevancy of the
10documents or materials he or she is seeking to the
11investigation and certify that the documents or materials
12sought will be used solely in the exercise of the State's
13Attorney's duty to investigate.
 
14    (725 ILCS 5/108C-10 new)
15    Sec. 108C-10. Return of subpoenaed materials. Materials
16subpoenaed pursuant to this Article shall be returnable to the
17circuit court for the purpose of an in camera inspection prior
18to the delivery of the materials to the State's Attorney,
19unless the court specifically finds that no issues of
20relevance, privilege, or materiality precludes their return
21directly to the State's Attorney. Rulings on relevance,
22materiality, and privilege shall be governed by the rules
23applicable to proceedings before the grand jury and not by the
24rules of evidence applicable at trial.
 

 

 

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1    (725 ILCS 5/108C-15 new)
2    Sec. 108C-15. Secrecy of subpoenas.
3    (a) No person, except as provided in this Section, may
4disclose the existence of a subpoena issued or materials
5obtained pursuant to this Article. Disclosure may be made to:
6        (1) a State's Attorney for use in such State's
7    Attorney's duty; and
8        (2) an attorney representing a person or other entity
9    subpoenaed; and
10        (3) such government personnel as are deemed necessary
11    by the State's Attorney in the performance of such State's
12    Attorney's duty to investigate criminal conduct and
13    enforce State criminal law.
14    (b) Any person to whom matters are disclosed under this
15Section shall not use the subpoenaed material for any purpose
16other than assisting the State's Attorney in the performance of
17such State's Attorney's duty to investigate criminal conduct
18and enforce the law. The State's Attorney shall promptly
19provide the court with the names of the persons to whom such
20disclosure has been made.
21    (c) Disclosure otherwise prohibited by this Section may
22also be made when the court directs such in the interest of
23justice.
24    (d) Any person who discloses, other than to his or her
25attorney, matters occurring before the issuing court, other

 

 

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1than in accordance with the provisions of this Section, shall
2be punished as a contempt of court, subject to proceedings in
3accordance to law.
4    (e) Any investigative subpoena, documents, or other
5materials obtained pursuant to this Article shall be
6confidential and exempt from public inspection and copying, as
7provided under Section 7 of the Freedom of Information Act, and
8the information shall not be transmitted to anyone except as
9needed to comply with this Article.
 
10    (725 ILCS 5/108C-20 new)
11    Sec. 108C-20. Record of proceedings. Any proceeding
12related to the issuance or enforceability of a subpoena issued
13pursuant to this Article, or to the disclosure of information
14obtained from such subpoena, shall take place in camera and in
15the presence of the State's Attorney, and at the party's
16request, the party subpoenaed and his or her counsel, and a
17court reporter who shall transcribe the proceedings. Except for
18the State's Attorney's copy, such transcripts shall be sealed
19and in the event a prosecution is commenced, the transcript
20shall be disclosed to the accused as provided by law.
 
21    (725 ILCS 5/108C-25 new)
22    Sec. 108C-25. Duties of others. The clerk of the court
23shall keep records of subpoenas issued pursuant to this Article
24as may be prescribed by the Rules of the Supreme Court.
 

 

 

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1    (725 ILCS 5/108C-30 new)
2    Sec. 108C-30. Destroyed documents or materials. When
3documents or materials that are the subject of a subpoena
4issued pursuant to this Article have been destroyed or
5withheld, in addition to criminal prosecution, any person
6responsible for such conduct shall be punished as a contempt of
7court subject to proceedings in accordance with law.
 
8    (725 ILCS 5/108C-35 new)
9    Sec. 108C-35. "Person" defined. As used in this Article,
10"person" means an individual, public or private corporation,
11government or any subdivision of government, partnership, or
12unincorporated association.
 
13    (725 ILCS 5/108C-40 new)
14    Sec. 108C-40. Training sessions. The Office of the State's
15Attorneys Appellate Prosecutor, in cooperation with the
16Illinois State's Attorney Association, shall regularly provide
17a course of training to the State's Attorneys in the legal,
18ethical, and practical aspects of the provisions of this
19Article relating to investigation and prosecutorial functions.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".