State of Illinois
91st General Assembly

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[ Introduced ][ House Amendment 001 ]


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 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
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.)

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