Full Text of SB1466 97th General Assembly
SB1466sam001 97TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1466
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1466 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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. | 10 | | In those counties without a sitting grand jury and at any time | 11 | | prior to the commencement of a prosecution, upon written | 12 | | application by the State's Attorney as provided in Section | 13 | | 108C-5, the circuit court shall cause the clerk of the court to | 14 | | issue subpoenas duces tecum directed to the sheriff or coroner | 15 | | of any county in this State for the purpose of obtaining any |
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| 1 | | document or material relevant to a criminal matter being | 2 | | investigated by the State's Attorney. For the purposes of this | 3 | | Article 108C, a prosecution is commenced upon the filing of a | 4 | | complaint or information with the court or the return of a bill | 5 | | of indictment. | 6 | | (725 ILCS 5/108C-5 new) | 7 | | Sec. 108C-5. Application by the State's Attorney. The | 8 | | State's Attorney's application shall set forth the nature of | 9 | | the matter he or she is investigating and the relevancy of the | 10 | | documents or materials he or she is seeking to the | 11 | | investigation and certify that the documents or materials | 12 | | sought will be used solely in the exercise of the State's | 13 | | Attorney's duty to investigate. | 14 | | (725 ILCS 5/108C-10 new) | 15 | | Sec. 108C-10. Return of subpoenaed materials. Materials | 16 | | subpoenaed pursuant to this Article shall be returnable to the | 17 | | circuit court for the purpose of an in camera inspection prior | 18 | | to the delivery of the materials to the State's Attorney, | 19 | | unless the court specifically finds that no issues of | 20 | | relevance, privilege, or materiality precludes their return | 21 | | directly to the State's Attorney. Rulings on relevance, | 22 | | materiality, and privilege shall be governed by the rules | 23 | | applicable to proceedings before the grand jury and not by the | 24 | | rules 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 | 4 | | disclose the existence of a subpoena issued or materials | 5 | | obtained 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 | 15 | | Section shall not use the subpoenaed material for any purpose | 16 | | other than assisting the State's Attorney in the performance of | 17 | | such State's Attorney's duty to investigate criminal conduct | 18 | | and enforce the law. The State's Attorney shall promptly | 19 | | provide the court with the names of the persons to whom such | 20 | | disclosure has been made. | 21 | | (c) Disclosure otherwise prohibited by this Section may | 22 | | also be made when the court directs such in the interest of | 23 | | justice. | 24 | | (d) Any person who discloses, other than to his or her | 25 | | attorney, matters occurring before the issuing court, other |
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| 1 | | than in accordance with the provisions of this Section, shall | 2 | | be punished as a contempt of court, subject to proceedings in | 3 | | accordance to law. | 4 | | (e) Any investigative subpoena, documents, or other | 5 | | materials obtained pursuant to this Article shall be | 6 | | confidential and exempt from public inspection and copying, as | 7 | | provided under Section 7 of the Freedom of Information Act, and | 8 | | the information shall not be transmitted to anyone except as | 9 | | needed to comply with this Article. | 10 | | (725 ILCS 5/108C-20 new) | 11 | | Sec. 108C-20. Record of proceedings. Any proceeding | 12 | | related to the issuance or enforceability of a subpoena issued | 13 | | pursuant to this Article, or to the disclosure of information | 14 | | obtained from such subpoena, shall take place in camera and in | 15 | | the presence of the State's Attorney, and at the party's | 16 | | request, the party subpoenaed and his or her counsel, and a | 17 | | court reporter who shall transcribe the proceedings. Except for | 18 | | the State's Attorney's copy, such transcripts shall be sealed | 19 | | and in the event a prosecution is commenced, the transcript | 20 | | shall 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 | 23 | | shall keep records of subpoenas issued pursuant to this Article | 24 | | as 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 | 3 | | documents or materials that are the subject of a subpoena | 4 | | issued pursuant to this Article have been destroyed or | 5 | | withheld, in addition to criminal prosecution, any person | 6 | | responsible for such conduct shall be punished as a contempt of | 7 | | court 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, | 11 | | government or any subdivision of government, partnership, or | 12 | | unincorporated association. | 13 | | (725 ILCS 5/108C-40 new)
| 14 | | Sec. 108C-40. Training sessions. The Office of the State's | 15 | | Attorneys Appellate Prosecutor, in cooperation with the | 16 | | Illinois State's Attorney Association, shall regularly provide | 17 | | a course of training to the State's Attorneys in the legal, | 18 | | ethical, and practical aspects of the provisions of this | 19 | | Article relating to investigation and prosecutorial functions.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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