Illinois Compiled Statutes
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CRIMINAL PROCEDURE725 ILCS 5/Art. 112
(725 ILCS 5/) Code of Criminal Procedure of 1963.
(725 ILCS 5/Art. 112 heading)
725 ILCS 5/112-1
(725 ILCS 5/112-1)
(from Ch. 38, par. 112-1)
Selection and qualification.
The grand jurors shall be summoned, drawn, qualified and certified
according to law.
(Source: Laws 1963, p. 2836
725 ILCS 5/112-2
(725 ILCS 5/112-2)
(from Ch. 38, par. 112-2)
Impaneling the Grand Jury.
(a) The Grand Jury shall consist
of 16 persons, 12 of whom shall be necessary to constitute a quorum.
(b) The Grand Jury shall be impaneled, sworn and instructed as to its
duties by the court. The court shall select and swear one of the grand
jurors to serve as foreman.
(c) Before the Grand Jury shall enter upon the discharge of their duties
the following oath shall be administered to the jurors:
"You and each of you do solemnly swear (or affirm, as the case may be),
that you will diligently inquire into and true presentment make of all such
matters and things as shall be given you in charge, or shall otherwise come
to your knowledge, touching the present service; you shall present no
person through malice, hatred or ill-will; nor shall you leave any
unpresented through fear, favor, affection, or for any fee or reward, or
for any hope or promise thereof; but in all of your presentments, you shall
present the truth, the whole truth, and nothing but the truth, according to
the best of your skill and understanding; so help you God."
(Source: P.A. 85-690.)
725 ILCS 5/112-3
(725 ILCS 5/112-3)
(from Ch. 38, par. 112-3)
Duration of Grand Jury.
(a) In counties with a population in excess of 1,000,000 a Grand Jury
shall be convened, impaneled and sworn, and shall commence the performance
of its duties for an indeterminate period, on the first Monday of each
month. In such counties a Grand Jury shall serve until discharged by the
court, except that no Grand Jury shall serve in excess of 18 months and not
more than 6 Grand Juries shall sit at the same time.
In counties with a population in excess of 225,000 but less than 1,000,000
a Grand Jury may be convened, empaneled, and sworn and may sit at such times
and for such periods as the circuit court may order on its own motion or that
of the State's Attorney. No Grand Jury shall serve in excess of 18
months and not more than 2 Grand Juries shall sit at the same time.
(b) In all other counties the Grand Jury shall be called and sit at such
times and for such periods as the circuit court may order on its own motion
or that of the State's Attorney; provided, that no Grand Jury shall sit for
a period in excess of 18 months and, provided further, that no more than
one Grand Jury shall sit at the same time.
(c) At any time for cause shown the court may excuse a grand juror
either temporarily or permanently and, if permanently, may impanel another
person in place of the grand juror excused.
(Source: P.A. 88-31.)
725 ILCS 5/112-4
(725 ILCS 5/112-4)
(from Ch. 38, par. 112-4)
Duties of Grand Jury and State's Attorney.) (a) The Grand
Jury shall hear all evidence presented by the State's Attorney.
(b) The Grand Jury has the right to subpoena and question any person
against whom the State's Attorney is seeking a Bill of Indictment, or any
other person, and to obtain and examine any documents or transcripts
relevant to the matter being prosecuted by the State's Attorney.
Prior to the commencement of its duties and, again, before the
consideration of each matter or charge before the Grand Jury, the
State's Attorney shall inform the Grand Jury of these rights.
In cases where the initial charge has been commenced by information or
complaint and a finding of no probable cause has resulted as to any offense
charged therein, the Grand Jury shall be informed of the finding entered
at the preliminary hearing and further advised that such finding shall not
bar the State from initiating new charges by indictment, information or
complaint if the State's Attorney has reasonable grounds to believe that
the evidence available at that time is sufficient to establish probable
cause. In such cases, the Grand Jury shall be further advised that it has
the right to subpoena and question any witness who testified at the preliminary
hearing, or who is believed to have knowledge of such offense, and of its
right to obtain and examine the testimony heard at the preliminary hearing,
either through the production of a transcript of the proceedings, or through
the verbatim testimony of the court reporter who attended the preliminary
hearing. The State's Attorney shall file an affidavit as part of the Grand
Jury record indicating whether the jurors were advised of such previous
findings of no probable cause and of their rights based upon such previous finding.
Any person subpoenaed who is already charged with an offense or
against whom the State's Attorney is seeking a Bill of Indictment shall
have the right to be accompanied by counsel who shall advise him of his
rights during the proceedings but may not participate in any other way.
Before any testimony is given by such a person, he shall be informed
that he has the right to refuse to answer any question that will tend to
incriminate him, that anything he says may be used against him in a
court of law, that he has the right to be accompanied and advised of his
rights by counsel, and that he will have counsel appointed for him if he
cannot afford one.
(c) The foreman shall preside over all hearings and swear all
witnesses. Except where otherwise provided by this Article, the foreman
may delegate duties to other grand jurors and determine rules of
(d) If 9 grand jurors concur that the evidence before them
constitutes probable cause that a person has committed an offense the
State's Attorney shall prepare a Bill of Indictment charging that person
with such offense. The foreman shall sign each Bill of Indictment which
shall be returned in open court.
(e) When the evidence presented to the Grand Jury does not warrant
the return of a Bill of Indictment, the State's Attorney may prepare a
written memorandum to such effect, entitled, "No Bill".
(Source: P.A. 85-690.)
725 ILCS 5/112-4.1
(725 ILCS 5/112-4.1)
(from Ch. 38, par. 112-4.1)
Any person appearing before the grand jury shall have the
right to be accompanied by counsel who shall advise him of his rights but
shall not participate in any other way.
(Source: P.A. 81-1112.)
725 ILCS 5/112-5
(725 ILCS 5/112-5)
(from Ch. 38, par. 112-5)
Duties of others.
(a) The clerk of the court shall keep such
records of Bills of Indictments and No Bills as may be prescribed by Rule
of the Supreme Court.
(b) The court may appoint an investigator or investigators
on petition showing good cause for same and signed by the
foreman and 8 other grand jurors. The duties and tenure of
appointment of such investigator or investigators shall be
determined by the court.
(Source: P.A. 85-690.)
725 ILCS 5/112-6
(725 ILCS 5/112-6)
(from Ch. 38, par. 112-6)
Secrecy of proceedings.) (a) Only the State's Attorney, his
reporter and any other person authorized by the court or by law
may attend the sessions of the Grand Jury. Only the
grand jurors shall be present during the deliberations and vote of the
Grand Jury. If no reporter is assigned by the State's Attorney to attend
the sessions of the Grand Jury, the court shall appoint such reporter.
(b) Matters other than the deliberations and vote of any grand juror
shall not be disclosed by the State's Attorney, except as otherwise
provided for in subsection (c). The court may direct that a Bill of
Indictment be kept secret until the defendant is in custody or has given
bail and in either event the clerk shall seal the Bill of Indictment and no
person shall disclose the finding of the Bill of Indictment except when
necessary for the issuance and execution of a warrant.
(c) (1) Disclosure otherwise prohibited by this Section of matters
occurring before the Grand Jury, other than its deliberations and the vote
of any grand juror, may be made to:
a. a State's Attorney for use in the performance of such State's
Attorney's duty; and
b. such government personnel as are deemed necessary by the State's
Attorney in the performance of such State's Attorney's duty to enforce
State criminal law.
(2) Any person to whom matters are disclosed under paragraph (1) of this
subsection (c) shall not use the Grand Jury material for any purpose other
than assisting the State's Attorney in the performance of such State's
Attorney's duty to enforce State criminal law. The State's Attorney shall
promptly provide the court, before which was impaneled the Grand Jury whose
material has been disclosed, with the names of the persons to whom such
disclosure has been made.
(3) Disclosure otherwise prohibited by this Section of matters occurring
before the Grand Jury may also be made when the court, preliminary to or in
connection with a judicial proceeding, directs such in the interests of
justice or when a law so directs.
(d) Any grand juror or officer of the court who discloses, other than to
his attorney, matters occurring before the Grand Jury other than in
accordance with the provisions of this subsection or Section 112-7 shall be
punished as a contempt of court, subject to proceedings in accordance to law.
(Source: P.A. 85-690.)
725 ILCS 5/112-7
(725 ILCS 5/112-7)
(from Ch. 38, par. 112-7)
A transcript shall be made of all questions asked of and
answers given by witnesses before the grand jury.
(Source: P.A. 79-669.)
725 ILCS 5/112-8
(725 ILCS 5/112-8)
When an instrument
that is the subject of an indictment
has been destroyed or withheld by the act or procurement of the defendant, and
the fact of the destruction or withholding is alleged in the
established on trial, the accused shall not be acquitted on account of any
misdescription of the instrument so withheld or destroyed.
(Source: P.A. 89-234, eff. 1-1-96.)