State of Illinois
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91st General Assembly

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Public Act 91-0947

HB4279 Enrolled                               LRB9111909RCdvA

    AN ACT to re-enact Section 3 of the Statewide Grand  Jury
Act.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1.  Findings; purpose.
    (a)  The General Assembly finds and declares that:
         (1)  Public Act  89-688,  effective  June  1,  1997,
    contained  provisions amending Section 3 of the Statewide
    Grand Jury Act to authorize  the  creation  of  a  second
    statewide  grand  jury.  Public Act 89-688 also contained
    other provisions.
         (2)  On October 20, 2000, in  People  v.  Jerry  Lee
    Foster,  Docket  No.  4-99-0933,  the  Illinois Appellate
    Court, Fourth District,  ruled  that  Public  Act  89-688
    violates  the  single  subject  clause  of  the  Illinois
    Constitution  (Article IV, Section 8(d)) and is therefore
    unconstitutional in its entirety.
         (3)  The  provisions  added  to  Section  3  of  the
    Statewide Grand Jury Act by Public Act 88-680 (consisting
    of the final paragraph of the Section,  relating  to  the
    convening  of a second statewide grand jury) are of vital
    concern to the people of this State.  Prompt  legislative
    action concerning those provisions is necessary.
         (4)  Section  3  of the Statewide Grand Jury Act has
    subsequently been amended by Public Act 91-225, effective
    January 1, 2000, which added subdivision (a-5).
    (b)  It is the purpose of this Act to re-enact Section  3
of  the  Statewide  Grand  Jury Act, including the provisions
added by Public Act 89-688 and the  subsequent  amendment  by
P.A.  91-225.   This  re-enactment  is intended to remove any
question as to the validity or content of  those  provisions;
it  is  not  intended  to supersede any other Public Act that
amends the text of the Section as set forth in this Act.  The
re-enacted material is shown in this  Act  as  existing  text
(i.e., without underscoring).

    Section  5.   The  Statewide Grand Jury Act is amended by
re-enacting Section 3 as follows:

    (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. 91-225, eff. 1-1-00.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.

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