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Public Act 91-0225
HB0790 Enrolled LRB9104579RCks
AN ACT to amend the Statewide Grand Jury Act by changing
Sections 2 and 3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Statewide Grand Jury Act is amended by
changing Sections 2 and 3 as follows:
(725 ILCS 215/2) (from Ch. 38, par. 1702)
Sec. 2. (a) County grand juries and State's Attorneys
have always had and shall continue to have primary
responsibility for investigating, indicting, and prosecuting
persons who violate the criminal laws of the State of
Illinois. However, in recent years certain criminal
enterprises have developed that require investigation,
indictment, and prosecution on a statewide or multicounty
level. These enterprises exist as a result of the allure of
profitability present in narcotic activity, the unlawful sale
and transfer of firearms, and streetgang related felonies. In
order to weaken or eliminate these enterprises, the profit
must be removed. State statutes exist that can accomplish
that goal. Among them are the offense of money laundering,
the Cannabis and Controlled Substances Tax Act, the Narcotics
Profit Forfeiture Act, and gunrunning. Local prosecutors
need investigative personnel and specialized training to
attack and eliminate these profits. In light of the
transitory and complex nature of conduct that constitutes
these criminal activities, the many diverse property
interests that may be acquired directly or indirectly as a
result of these criminal activities, and the many places that
illegally obtained property may be located, it is the purpose
of this Act to create a limited, multicounty Statewide Grand
Jury with authority to investigate, indict, and prosecute:
narcotic activity, including cannabis and controlled
substance trafficking, narcotics racketeering, money
laundering, and violations of the Cannabis and Controlled
Substances Tax Act; the unlawful sale and transfer of
firearms; gunrunning; and streetgang related felonies.
(b) A Statewide Grand Jury may also investigate, indict,
and prosecute violations facilitated by the use of a computer
of any of the following offenses: indecent solicitation of a
child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile
prostitution, juvenile pimping, or child pornography.
(Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95.)
(725 ILCS 215/3) (from Ch. 38, par. 1703)
Sec. 3. Written application for the appointment of a
Circuit Judge to convene and preside over a Statewide Grand
Jury, with jurisdiction extending throughout the State, shall
be made to the Chief Justice of the Supreme Court. Upon such
written application, the Chief Justice of the Supreme Court
shall appoint a Circuit Judge from the circuit where the
Statewide Grand Jury is being sought to be convened, who
shall make a determination that the convening of a Statewide
Grand Jury is necessary.
In such application the Attorney General shall state that
the convening of a Statewide Grand Jury is necessary because
of an alleged offense or offenses set forth in this Section
involving more than one county of the State and identifying
any such offense alleged; and
(a) that he or she believes that the grand jury
function for the investigation and indictment of the
offense or offenses cannot effectively be performed by a
county grand jury together with the reasons for such
belief, and
(b) (1) that each State's Attorney with
jurisdiction over an offense or offenses to be
investigated has consented to the impaneling of the
Statewide Grand Jury, or
(2) if one or more of the State's Attorneys
having jurisdiction over an offense or offenses to
be investigated fails to consent to the impaneling
of the Statewide Grand Jury, the Attorney General
shall set forth good cause for impaneling the
Statewide Grand Jury.
If the Circuit Judge determines that the convening of a
Statewide Grand Jury is necessary, he or she shall convene
and impanel the Statewide Grand Jury with jurisdiction
extending throughout the State to investigate and return
indictments:
(a) For violations of any of the following or for
any other criminal offense committed in the course of
violating any of the following: the Illinois Controlled
Substances Act, the Cannabis Control Act, the Narcotics
Profit Forfeiture Act, or the Cannabis and Controlled
Substances Tax Act; a streetgang related felony offense;
Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3,
24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
24-1(c) of the Criminal Code of 1961; or a money
laundering offense; provided that the violation or
offense involves acts occurring in more than one county
of this State; and
(a-5) For violations facilitated by the use of a
computer, including the use of the Internet, the World
Wide Web, electronic mail, message board, newsgroup, or
any other commercial or noncommercial on-line service, of
any of the following offenses: indecent solicitation of
a child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile
prostitution, juvenile pimping, or child pornography; and
(b) For the offenses of perjury, subornation of
perjury, communicating with jurors and witnesses, and
harassment of jurors and witnesses, as they relate to
matters before the Statewide Grand Jury.
"Streetgang related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
Upon written application by the Attorney General for the
convening of an additional Statewide Grand Jury, the Chief
Justice of the Supreme Court shall appoint a Circuit Judge
from the circuit for which the additional Statewide Grand
Jury is sought. The Circuit Judge shall determine the
necessity for an additional Statewide Grand Jury in
accordance with the provisions of this Section. No more than
2 Statewide Grand Juries may be empaneled at any time.
(Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95;
89-688, eff. 6-1-97.)
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