Full Text of SB4012 101st General Assembly
SB4012 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB4012 Introduced 1/4/2021, by Sen. John F. Curran - Dan McConchie - Dale A. Righter - Jil Tracy, Paul Schimpf, et al. SYNOPSIS AS INTRODUCED: |
| 725 ILCS 215/2 | from Ch. 38, par. 1702 | 725 ILCS 215/3 | from Ch. 38, par. 1703 | 725 ILCS 215/4 | from Ch. 38, par. 1704 |
|
Amends the Statewide Grand Jury Act. Expands the authority of a Statewide Grand Jury to investigate and indict offenses involving the
corruption of a public official, to include theft, fraud,
extortion, or a violation of the Official Misconduct and Public Contracts Article of the Criminal Code of 2012. Provides that venue for purposes of trial for any offense
involving the corruption of a public official may be in any county in which any portion of the offense occurred.
|
| |
| | A BILL FOR |
|
| | | SB4012 | | LRB101 22337 RLC 73380 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Statewide Grand Jury Act is amended by | 5 | | changing Sections 2, 3, and 4 as follows:
| 6 | | (725 ILCS 215/2) (from Ch. 38, par. 1702)
| 7 | | Sec. 2.
(a) County grand juries and State's Attorneys have | 8 | | always had
and
shall continue to have primary responsibility | 9 | | for investigating, indicting,
and prosecuting persons who | 10 | | violate the criminal laws of the State of
Illinois. However, in | 11 | | recent years organized terrorist activity directed
against | 12 | | innocent civilians , and certain criminal enterprises , and | 13 | | public corruption have
developed that require investigation, | 14 | | indictment, and prosecution on a
statewide or multicounty | 15 | | level. The criminal enterprises exist
as a result of the
allure | 16 | | of profitability present in narcotic activity, public | 17 | | corruption, the unlawful sale and
transfer of firearms, and | 18 | | streetgang related felonies and organized terrorist
activity | 19 | | is supported by the contribution of money and expert assistance | 20 | | from
geographically diverse sources. In
order to shut off the | 21 | | life blood of terrorism and
weaken or eliminate the criminal | 22 | | enterprises, assets, and
property
used to further these | 23 | | offenses must be frozen, and any profit must be
removed. State
|
| | | SB4012 | - 2 - | LRB101 22337 RLC 73380 b |
|
| 1 | | statutes exist that can accomplish that goal. Among them are | 2 | | the offense of
money laundering, violations
of Articles Article | 3 | | 29D , 33, and 33E of the Criminal Code of 1961 or the Criminal | 4 | | Code of 2012, the
Narcotics Profit Forfeiture Act, and | 5 | | gunrunning. Local prosecutors need
investigative personnel and | 6 | | specialized training to attack and eliminate these
profits. In | 7 | | light of the transitory and complex nature of conduct that
| 8 | | constitutes these criminal activities, the many diverse | 9 | | property interests that
may be used, acquired directly or | 10 | | indirectly as a result of these criminal
activities, and the | 11 | | many places that illegally obtained property may be
located, it | 12 | | is the purpose of this Act to create a limited, multicounty
| 13 | | Statewide Grand Jury with authority to investigate, indict, and | 14 | | prosecute:
narcotic activity, including cannabis and | 15 | | controlled substance trafficking,
narcotics racketeering, | 16 | | money laundering, violations of the Cannabis
and
Controlled | 17 | | Substances Tax Act, and violations of Articles Article 29D , 33, | 18 | | and 33E of the Criminal
Code of 1961 or the Criminal Code of | 19 | | 2012; public corruption crimes; the unlawful sale and transfer | 20 | | of firearms;
gunrunning; and streetgang related felonies.
| 21 | | (b) A Statewide Grand Jury may also investigate, indict, | 22 | | and prosecute
violations facilitated by the use of a computer | 23 | | of any of
the
following offenses: indecent solicitation of a | 24 | | child, sexual exploitation of a
child, soliciting for a | 25 | | juvenile prostitute, keeping a place of juvenile
prostitution, | 26 | | juvenile pimping, child pornography, aggravated child |
| | | SB4012 | - 3 - | LRB101 22337 RLC 73380 b |
|
| 1 | | pornography, or promoting juvenile prostitution except as | 2 | | described in subdivision (a)(4) of Section 11-14.4 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 4 | | (Source: P.A. 101-593, eff. 12-4-19.)
| 5 | | (725 ILCS 215/3) (from Ch. 38, par. 1703)
| 6 | | Sec. 3. Written application for the appointment of a | 7 | | Circuit
Judge to convene and preside over a Statewide Grand | 8 | | Jury, with jurisdiction
extending throughout the State, shall | 9 | | be made to the Chief Justice of the
Supreme Court. Upon such | 10 | | written application, the Chief Justice of the
Supreme Court | 11 | | shall appoint a Circuit Judge from the circuit where the
| 12 | | Statewide Grand Jury is being sought to be convened, who shall | 13 | | make a
determination that the convening of a Statewide Grand | 14 | | Jury is necessary.
| 15 | | In such application the Attorney General shall state that | 16 | | the convening
of a Statewide Grand Jury is necessary because of | 17 | | an alleged offense or
offenses set forth in this Section | 18 | | involving more than one county of the
State and identifying any | 19 | | such offense alleged; and
| 20 | | (a) that he or she believes that the grand jury | 21 | | function for the
investigation and indictment of the | 22 | | offense or offenses cannot effectively be
performed by a | 23 | | county grand jury together with the reasons for such
| 24 | | belief, and
| 25 | | (b)(1) that each State's Attorney with jurisdiction |
| | | SB4012 | - 4 - | LRB101 22337 RLC 73380 b |
|
| 1 | | over an offense
or offenses to be investigated has | 2 | | consented to the impaneling of the
Statewide Grand Jury, or
| 3 | | (2) if one or more of the State's Attorneys having | 4 | | jurisdiction over
an offense or offenses to be investigated | 5 | | fails to consent to the impaneling
of the Statewide Grand | 6 | | Jury, the Attorney General shall set forth good cause
for | 7 | | impaneling the Statewide Grand Jury.
| 8 | | If the Circuit Judge determines that the convening of a | 9 | | Statewide Grand
Jury is necessary, he or she shall convene and | 10 | | impanel the Statewide Grand
Jury with jurisdiction extending | 11 | | throughout the State to investigate and
return indictments:
| 12 | | (a) For violations of any of the following or for any | 13 | | other criminal
offense committed in the course of violating | 14 | | any of the following: Article
29D of the Criminal Code of | 15 | | 1961 or the Criminal Code of 2012, the
Illinois Controlled | 16 | | Substances Act, the Cannabis Control Act, the | 17 | | Methamphetamine Control and Community Protection Act, or | 18 | | the Narcotics
Profit Forfeiture Act; a
streetgang related | 19 | | felony offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, | 20 | | 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or subsection | 21 | | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), | 22 | | 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012; or a money
laundering offense; | 24 | | provided that the violation or offense involves acts
| 25 | | occurring in more than one county of this State; and
| 26 | | (a-5) For violations facilitated by the use of a |
| | | SB4012 | - 5 - | LRB101 22337 RLC 73380 b |
|
| 1 | | computer, including
the use of the Internet, the World Wide | 2 | | Web, electronic mail, message board,
newsgroup, or any | 3 | | other commercial or noncommercial on-line service, of any | 4 | | of
the following offenses: indecent solicitation of a | 5 | | child, sexual exploitation
of a child, soliciting for a | 6 | | juvenile prostitute, keeping a place of juvenile
| 7 | | prostitution, juvenile pimping, child pornography, | 8 | | aggravated child pornography, or promoting juvenile | 9 | | prostitution except as described in subdivision (a)(4) of | 10 | | Section 11-14.4 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012; and
| 12 | | (a-6) For violations of offenses involving the
| 13 | | corruption of a public official, including theft, fraud,
| 14 | | extortion or a violation of Article 33 or 33E of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012; and
| 16 | | (b) For the offenses of perjury, subornation of | 17 | | perjury, communicating
with jurors and witnesses, and | 18 | | harassment of jurors and witnesses, as they
relate to | 19 | | matters before the Statewide Grand Jury.
| 20 | | "Streetgang related" has the meaning ascribed to it in | 21 | | Section 10 of the
Illinois Streetgang Terrorism Omnibus | 22 | | Prevention Act.
| 23 | | Upon written application by the Attorney General for the | 24 | | convening of an
additional Statewide Grand Jury, the Chief | 25 | | Justice of the Supreme Court shall
appoint a Circuit Judge from | 26 | | the circuit for which the additional Statewide
Grand Jury is |
| | | SB4012 | - 6 - | LRB101 22337 RLC 73380 b |
|
| 1 | | sought. The Circuit Judge shall determine the necessity for
an | 2 | | additional Statewide Grand Jury in accordance with the | 3 | | provisions of this
Section. No more than 2 Statewide Grand | 4 | | Juries may be empaneled at any time.
| 5 | | (Source: P.A. 101-593, eff. 12-4-19.)
| 6 | | (725 ILCS 215/4) (from Ch. 38, par. 1704)
| 7 | | Sec. 4.
(a) The presiding judge of the Statewide Grand Jury | 8 | | will
receive recommendations from the Attorney General as to | 9 | | the county in which
the Grand Jury will sit. Prior to making | 10 | | the recommendations, the Attorney
General shall obtain the | 11 | | permission of the local State's Attorney to use
his or her | 12 | | county for the site of the Statewide Grand Jury. Upon receiving
| 13 | | the Attorney General's recommendations, the presiding judge | 14 | | will choose one
of those recommended locations as the site | 15 | | where the Grand Jury shall sit.
| 16 | | Any indictment by a Statewide Grand Jury shall be returned | 17 | | to the
Circuit Judge presiding over the Statewide Grand Jury | 18 | | and shall include a
finding as to the county or counties in | 19 | | which the alleged offense was
committed. Thereupon, the judge | 20 | | shall, by order, designate the county of
venue for the purpose | 21 | | of trial. The judge may also, by order, direct the
| 22 | | consolidation of an indictment returned by a county grand jury | 23 | | with an
indictment returned by the Statewide Grand Jury and set | 24 | | venue for trial.
| 25 | | (b) Venue for purposes of trial for the offense of |
| | | SB4012 | - 7 - | LRB101 22337 RLC 73380 b |
|
| 1 | | narcotics
racketeering shall be proper in any county where:
| 2 | | (1) Cannabis or a controlled substance which is the | 3 | | basis for the charge
of narcotics racketeering was used; | 4 | | acquired; transferred or distributed
to, from or through; | 5 | | or any county where any act was performed to further
the | 6 | | use; acquisition, transfer or distribution of said | 7 | | cannabis or
controlled substance; or
| 8 | | (2) Any money, property, property interest, or any | 9 | | other asset generated
by narcotics activities was | 10 | | acquired, used, sold, transferred or
distributed to, from | 11 | | or through; or,
| 12 | | (3) Any enterprise interest obtained as a result of | 13 | | narcotics
racketeering was acquired, used, transferred or | 14 | | distributed to, from or
through, or where any activity was | 15 | | conducted by the enterprise or any
conduct to further the | 16 | | interests of such an enterprise.
| 17 | | (c) Venue for purposes of trial for the offense of money | 18 | | laundering
shall be proper in any county where any part of a | 19 | | financial transaction in
criminally derived property took | 20 | | place, or in any county where any money or
monetary interest | 21 | | which is the basis for the offense, was acquired, used,
sold, | 22 | | transferred or distributed to, from, or through.
| 23 | | (d) A person who commits the offense of cannabis | 24 | | trafficking or
controlled substance trafficking may be tried in | 25 | | any county.
| 26 | | (e) Venue for purposes of trial for any violation of |
| | | SB4012 | - 8 - | LRB101 22337 RLC 73380 b |
|
| 1 | | Article 29D of the
Criminal Code of 1961 or the Criminal Code | 2 | | of 2012 may be in the county in which an act of terrorism | 3 | | occurs,
the county in which material support or resources are | 4 | | provided or solicited,
the county in which criminal assistance | 5 | | is rendered, or any county in which any
act in furtherance of | 6 | | any violation of Article 29D of the Criminal Code of 1961 or | 7 | | the Criminal Code of 2012
occurs.
| 8 | | (f) Venue for purposes of trial for any offense
involving | 9 | | the corruption of a public official may be in any county in | 10 | | which any portion of the offense occurred. | 11 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
|