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91_HB4072ham001
LRB9111281WHcdam
1 AMENDMENT TO HOUSE BILL 4072
2 AMENDMENT NO. . Amend House Bill 4072 by replacing
3 the title with the following:
4 "AN ACT to amend the Statewide Grand Jury Act by changing
5 Section 3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Statewide Grand Jury Act is amended by
9 changing Section 3 as follows:
10 (725 ILCS 215/3) (from Ch. 38, par. 1703)
11 Sec. 3. Written application for the appointment of a
12 Circuit Judge to convene and preside over a Statewide Grand
13 Jury, with jurisdiction extending throughout the State, shall
14 be made to the Chief Justice of the Supreme Court. Upon such
15 written application, the Chief Justice of the Supreme Court
16 shall appoint a Circuit Judge from the circuit where the
17 Statewide Grand Jury is being sought to be convened, who
18 shall make a determination that the convening of a Statewide
19 Grand Jury is necessary.
20 In such application the Attorney General shall state that
21 the convening of a Statewide Grand Jury is necessary because
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1 of an alleged offense or offenses set forth in this Section
2 involving more than one county of the State and identifying
3 any such offense alleged; and
4 (a) that he or she believes that the grand jury
5 function for the investigation and indictment of the
6 offense or offenses cannot effectively be performed by a
7 county grand jury together with the reasons for such
8 belief, and
9 (b) (1) that each State's Attorney with
10 jurisdiction over an offense or offenses to be
11 investigated has consented to the impaneling of the
12 Statewide Grand Jury, or
13 (2) if one or more of the State's Attorneys
14 having jurisdiction over an offense or offenses to
15 be investigated fails to consent to the impaneling
16 of the Statewide Grand Jury, the Attorney General
17 shall set forth good cause for impaneling the
18 Statewide Grand Jury.
19 If the Circuit Judge determines that the convening of a
20 Statewide Grand Jury is necessary, he or she shall convene
21 and impanel the Statewide Grand Jury with jurisdiction
22 extending throughout the State to investigate and return
23 indictments:
24 (a) For violations of any of the following or for
25 any other criminal offense committed in the course of
26 violating any of the following: the Illinois Controlled
27 Substances Act, the Cannabis Control Act, the Narcotics
28 Profit Forfeiture Act, or the Cannabis and Controlled
29 Substances Tax Act; a streetgang related felony offense;
30 Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3,
31 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
32 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
33 24-1(c) of the Criminal Code of 1961; or a money
34 laundering offense; provided that the violation or
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1 offense involves acts occurring in more than one county
2 of this State; and
3 (a-5) For violations facilitated by the use of a
4 computer, including the use of the Internet, the World
5 Wide Web, electronic mail, message board, newsgroup, or
6 any other commercial or noncommercial on-line service, of
7 any of the following offenses described in Article 11 or
8 Sections 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2
9 of the Criminal Code of 1961: indecent solicitation of a
10 child, sexual exploitation of a child, soliciting for a
11 juvenile prostitute, keeping a place of juvenile
12 prostitution, juvenile pimping, or child pornography; and
13 (b) For the offenses of perjury, subornation of
14 perjury, communicating with jurors and witnesses, and
15 harassment of jurors and witnesses, as they relate to
16 matters before the Statewide Grand Jury.
17 "Streetgang related" has the meaning ascribed to it in
18 Section 10 of the Illinois Streetgang Terrorism Omnibus
19 Prevention Act.
20 Upon written application by the Attorney General for the
21 convening of an additional Statewide Grand Jury, the Chief
22 Justice of the Supreme Court shall appoint a Circuit Judge
23 from the circuit for which the additional Statewide Grand
24 Jury is sought. The Circuit Judge shall determine the
25 necessity for an additional Statewide Grand Jury in
26 accordance with the provisions of this Section. No more than
27 2 Statewide Grand Juries may be empaneled at any time.
28 (Source: P.A. 91-225, eff. 1-1-00.)".