Illinois General Assembly - Full Text of HB4156
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Full Text of HB4156  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Scott Drury


See Index

     Amends the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Provides that the Attorney General may appoint a Special Counsel to investigate and prosecute allegations of sexual assault, sexual harassment, and allegations of violations of the Sex Offenses Article of the Criminal Code of 2012 by a member or members of the General Assembly or a registered lobbyist and to determine whether violations of the Illinois Human Rights Act or the federal Civil Rights Act of 1964 have occurred, upon various referrals. Amends the Attorney General Act. Establishes qualifications, jurisdiction, and procedures for the Special Counsel. Amends various other Acts to make conforming changes.

LRB100 15611 RLC 30706 b






HB4156LRB100 15611 RLC 30706 b

1    AN ACT concerning special counsel.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 25-20a as follows:
6    (5 ILCS 430/25-20a)
7    Sec. 25-20a. Attorney General investigatory authority. In
8addition to investigatory authority otherwise granted by law,
9the Attorney General shall have the authority to investigate
10violations of this Act pursuant to Section 25-50 or Section
1125-51 of this Act after receipt of notice from the Legislative
12Ethics Commission or pursuant to Section 5-45 and to appoint a
13Special Counsel under Section 6.1 of the Attorney General Act
14to investigate and prosecute allegations of sexual assault and
15sexual harassment by a member or members of the General
16Assembly and to determine whether violations of the Illinois
17Human Rights Act or the federal Civil Rights Act of 1964 have
18occurred, upon a referral from the Legislative Ethics
19Commission, upon referral from the Legislative Inspector
20General, or upon a request of a majority of the members of the
21Judiciary-Criminal Committee or the Judiciary-Civil Committee
22of the House of Representatives or the Criminal Law Committee
23or Judiciary Committee of the Senate or the unanimous vote of



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1the minority members of the Judiciary-Criminal Committee or the
2Judiciary-Civil Committee of the House of Representatives or
3the Criminal Law Committee or Judiciary Committee of the
4Senate; provided that at least one member of the majority party
5also votes in favor of the request. The Attorney General shall
6have the discretion to determine the appropriate means of
7investigation as permitted by law, including (i) the request of
8information relating to an investigation from any person when
9the Attorney General deems that information necessary in
10conducting an investigation; and (ii) the issuance of subpoenas
11to compel the attendance of witnesses for the purposes of sworn
12testimony and production of documents and other items for
13inspection and copying and the service of those subpoenas.
14    Nothing in this Section shall be construed as granting the
15Attorney General the authority to investigate alleged
16misconduct pursuant to notice received under Section 5-45,
17Section 25-50, or Section 25-51 of this Act, if the information
18contained in the notice indicates that the alleged misconduct
19was minor in nature. As used in this Section, misconduct that
20is "minor in nature" means misconduct that was a violation of
21office, agency, or department policy and not of this Act or any
22other civil or criminal law.
23(Source: P.A. 96-555, eff. 8-18-09.)
24    Section 10. The Attorney General Act is amended by adding
25Section 6.1 as follows:



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1    (15 ILCS 205/6.1 new)
2    Sec. 6.1. Special Counsel to investigate and prosecute
3allegations of sexual assault and sexual harassment by a member
4or members of the General Assembly and by a registered lobbyist
5or lobbyists.
6    (a) In this Section:
7        "Sexual assault" means an act of nonconsensual sexual
8    conduct or sexual penetration, as defined in Section 11-0.1
9    of the Criminal Code of 2012, including, without
10    limitation, acts prohibited under Sections 11-1.20 through
11    11-1.60 of the Criminal Code of 2012.
12        "Sexual harassment" means any unwelcome sexual
13    advances or requests for sexual favors or any conduct of a
14    sexual nature when (1) submission to that conduct is made
15    either explicitly or implicitly a term or condition of an
16    individual's employment, (2) submission to or rejection of
17    that conduct by an individual is used as the basis for
18    employment decisions affecting the individual, or (3) the
19    conduct has the purpose or effect of substantially
20    interfering with an individual's work performance or
21    creating an intimidating, hostile, or offensive working
22    environment.
23    (b) The Special Counsel must: (1) be a licensed attorney at
24law of this State in good standing and licensed to practice
25before a United States District Court and the United States



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1Court of Appeals for the Seventh Circuit; (2) have had
2prosecutorial experience prior to his or her appointment; and
3(3) not have been employed by, nor performed work for, State
4Government within 10 years prior to his or her appointment as
5Special Counsel. A person named as Special Counsel shall be an
6attorney with a reputation for integrity and impartial decision
7making, and with appropriate experience to ensure both that the
8investigation will be conducted ably, expeditiously and
9thoroughly, and that investigative and prosecutorial decisions
10will be supported by an informed understanding of the criminal
11law and Attorney General policies. A Special Counsel shall
12agree that his or her responsibilities as Special Counsel shall
13take first precedence in his or her professional life, and that
14it may be necessary to devote his or her full time to the
15investigation, depending on its complexity and the stage of the
17    (c) The jurisdiction of a Special Counsel shall be
18established by the Attorney General, upon a referral under
19Section 25-20a of the State Officials and Employees Ethics Act
20or under Section 11 of the Lobbyist Registration Act, but only
21as it relates to allegations of sexual assault, sexual
22harassment, and alleged violations of Article 11 of the
23Criminal Code of 2012 by members of the General Assembly and by
24lobbyists registered under the Lobbyist Registration Act and to
25determine whether violations of the Criminal Code of 2012, the
26Illinois Human Rights Act, or the federal Civil Rights Act of



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11964 have occurred. The Special Counsel shall be provided with
2a specific factual statement of the matter to be investigated
3and prosecuted. The jurisdiction of a Special Counsel shall
4also include the authority to investigate and prosecute State
5crimes committed in the course of, and with intent to interfere
6with, the Special Counsel's investigation, such as perjury,
7obstruction of justice, destruction of evidence, and
8intimidation of witnesses; and to conduct appeals arising out
9of the matter being investigated or prosecuted, or both.
10    (d) If in the course of his or her investigation the
11Special Counsel concludes that additional jurisdiction beyond
12that specified in his or her original jurisdiction is necessary
13in order to fully investigate and resolve the matters assigned,
14or to investigate new matters that come to light in the course
15of his or her investigation, he or she shall consult with the
16Attorney General, who shall determine whether to include the
17additional matters within the Special Counsel's jurisdiction
18or assign them elsewhere. The Attorney General shall not
19unreasonably withhold his or her consent to allow the requested
20additional jurisdiction.
21    (e) If in the course of his or her investigation the
22Special Counsel determines that administrative remedies, civil
23sanctions, or other governmental action outside the criminal
24justice system might be appropriate, he or she shall consult
25with the Attorney General with respect to the appropriate
26component to take any necessary action. A Special Counsel shall



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1not have civil or administrative authority unless specifically
2granted that jurisdiction by the Attorney General.
3    (f) A Special Counsel may request the assignment of
4appropriate employees of the Attorney General to assist the
5Special Counsel. The Attorney General shall gather and provide
6the Special Counsel with the names and resumes of appropriate
7personnel available for detail. The Special Counsel may also
8request the detail of specific employees, and the office for
9which the designated employee works shall make reasonable
10efforts to accommodate the request. The Special Counsel shall
11assign the duties and supervise the work of those employees
12while they are assigned to the Special Counsel. If necessary,
13the Special Counsel may request that additional personnel be
14hired or assigned from outside the Office of the Attorney
15General. All personnel in the Office of the Attorney General
16shall cooperate to the fullest extent possible with the Special
18    (g) Subject to the limitations in subsections (h), (i),
19(j), and (k) of this Section, the Special Counsel shall
20exercise, within the scope of his or her jurisdiction, the full
21power and independent authority to exercise all investigative
22and prosecutorial functions of any State's Attorney or
23assistant Attorney General. Except as provided in this Section,
24the Special Counsel shall determine whether and to what extent
25to inform or consult with the Attorney General or others within
26the Office of the Attorney General about the conduct of his or



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1her duties and responsibilities in an assigned matter.
2    (h) A Special Counsel shall comply with the rules,
3regulations, procedures, practices, and policies of the
4Attorney General. He or she shall consult with appropriate
5offices within the Office of the Attorney General for guidance
6with respect to established practices, policies, and
7procedures of the Office of the Attorney General, including
8ethics and security regulations and procedures. If the Special
9Counsel concludes that the extraordinary circumstances of any
10particular decision would render compliance with required
11review and approval procedures by the designated component of
12the Office of Attorney General inappropriate, he or she may
13consult directly with the Attorney General.
14    (i) The Special Counsel may not be subject to the
15day-to-day supervision of any official of the Office of
16Attorney General.
17    (j) The Special Counsel and staff shall be subject to
18disciplinary action for misconduct and breach of ethical duties
19under the same standards and to the same extent as are other
20employees of the Office of Attorney General. Inquiries into
21these matters shall be handled through the appropriate office
22of the Attorney General upon the approval of the Attorney
24    (k) The Special Counsel may be disciplined or removed from
25office only by the party requesting his or her appointment
26under Section 25-20a of the State Officials and Employees



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1Ethics Act. Removal may be only for misconduct, dereliction of
2duty, incapacity, conflict of interest, or for other good
3cause, including violation of the Office of Attorney General
4policies. The Special Counsel shall be informed in writing of
5the specific reason for his or her removal.
6    (l) A Special Counsel shall be compensated at an hourly
7rate established by the Attorney General but shall not be a
8rate lower than Attorney General's hourly rate, assuming a 2080
9hour work year. Special Counsel compensation and expenses
10incurred in carrying out his or her duties shall be paid from
11the Special Counsel Operations Fund. Within the first 60 days
12of his or her appointment, the Special Counsel shall develop a
13proposed budget for the current fiscal year for the Attorney
14General's review and approval, which shall not be unreasonably
15withheld. The budget shall include a request for assignment of
16personnel, with a description of the qualifications needed.
17Ninety days before the beginning of each fiscal year, the
18Special Counsel shall report to the Attorney General the status
19of an on-going investigation, and provide a budget request for
20the following year. The Attorney General shall review and
21approve the budget request which approval shall not be
22unreasonably withheld.
23    (m) The Special Counsel shall notify the Attorney General
24of events in the course of his or her investigation in
25conformity with the Office of Attorney General guidelines. At
26the conclusion of the Special Counsel's work, he or she shall



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1provide the Attorney General with a confidential report
2explaining the prosecution or declination decisions reached by
3the Special Counsel. The Special Counsel's appointment
4terminates upon filing of the report.
5    (n) The release of information by any Office of the
6Attorney General employee, including a Special Counsel and
7staff, concerning matters handled by a Special Counsel shall be
8governed by the generally applicable Office of Attorney General
9guidelines concerning public comment with respect to any
10criminal or civil investigation, and relevant law.
11    Section 15. The General Assembly Compensation Act is
12amended by changing Section 4 as follows:
13    (25 ILCS 115/4)  (from Ch. 63, par. 15.1)
14    Sec. 4. Office allowance. Beginning July 1, 2001, each
15member of the House of Representatives is authorized to approve
16the expenditure of not more than $61,000 per year and each
17member of the Senate is authorized to approve the expenditure
18of not more than $73,000 per year to pay for "personal
19services", "contractual services", "commodities", "printing",
20"travel", "operation of automotive equipment",
21"telecommunications services", as defined in the State Finance
22Act, and the compensation of one or more legislative assistants
23authorized pursuant to this Section, in connection with his or
24her legislative duties and not in connection with any political



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1campaign. On July 1, 2002 and on July 1 of each year
2thereafter, the amount authorized per year under this Section
3for each member of the Senate and each member of the House of
4Representatives shall be increased by a percentage increase
5equivalent to the lesser of (i) the increase in the designated
6cost of living index or (ii) 5%. The designated cost of living
7index is the index known as the "Employment Cost Index, Wages
8and Salaries, By Occupation and Industry Groups: State and
9Local Government Workers: Public Administration" as published
10by the Bureau of Labor Statistics of the U.S. Department of
11Labor for the calendar year immediately preceding the year of
12the respective July 1st increase date. The increase shall be
13added to the then current amount, and the adjusted amount so
14determined shall be the annual amount beginning July 1 of the
15increase year until July 1 of the next year. No increase under
16this provision shall be less than zero.
17    A member may purchase office equipment if the member
18certifies to the Secretary of the Senate or the Clerk of the
19House, as applicable, that the purchase price, whether paid in
20lump sum or installments, amounts to less than would be charged
21for renting or leasing the equipment over its anticipated
22useful life. All such equipment must be purchased through the
23Secretary of the Senate or the Clerk of the House, as
24applicable, for proper identification and verification of
26    Each member of the General Assembly is authorized to employ



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1one or more legislative assistants, who shall be solely under
2the direction and control of that member, for the purpose of
3assisting the member in the performance of his or her official
4duties. A legislative assistant may be employed pursuant to
5this Section as a full-time employee, part-time employee, or
6contractual employee, at the discretion of the member. If
7employed as a State employee, a legislative assistant shall
8receive employment benefits on the same terms and conditions
9that apply to other employees of the General Assembly. Each
10member shall adopt and implement personnel policies for
11legislative assistants under his or her direction and control
12relating to work time requirements, documentation for
13reimbursement for travel on official State business,
14compensation, and the earning and accrual of State benefits for
15those legislative assistants who may be eligible to receive
16those benefits. The policies shall also require legislative
17assistants to periodically submit time sheets documenting, in
18quarter-hour increments, the time spent each day on official
19State business. The policies shall require the time sheets to
20be submitted on paper, electronically, or both and to be
21maintained in either paper or electronic format by the
22applicable fiscal office for a period of at least 2 years.
23Contractual employees may satisfy the time sheets requirement
24by complying with the terms of their contract, which shall
25provide for a means of compliance with this requirement. A
26member may satisfy the requirements of this paragraph by



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1adopting and implementing the personnel policies promulgated
2by that member's legislative leader under the State Officials
3and Employees Ethics Act with respect to that member's
4legislative assistants.
5    As used in this Section the term "personal services" shall
6include contributions of the State under the Federal Insurance
7Contribution Act and under Article 14 of the Illinois Pension
8Code. As used in this Section the term "contractual services"
9shall not include improvements to real property unless those
10improvements are the obligation of the lessee under the lease
11agreement. Beginning July 1, 1989, as used in the Section, the
12term "travel" shall be limited to travel in connection with a
13member's legislative duties and not in connection with any
14political campaign. Beginning on the effective date of this
15amendatory Act of the 93rd General Assembly, as used in this
16Section, the term "printing" includes, but is not limited to,
17newsletters, brochures, certificates, congratulatory mailings,
18greeting or welcome messages, anniversary or birthday cards,
19and congratulations for prominent achievement cards. As used in
20this Section, the term "printing" includes fees for
21non-substantive resolutions charged by the Clerk of the House
22of Representatives under subsection (c-5) of Section 1 of the
23Legislative Materials Act. No newsletter or brochure that is
24paid for, in whole or in part, with funds provided under this
25Section may be printed or mailed during a period beginning
26February 1 of the year of a general primary election and ending



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1the day after the general primary election and during a period
2beginning September 1 of the year of a general election and
3ending the day after the general election, except that such a
4newsletter or brochure may be mailed during those times if it
5is mailed to a constituent in response to that constituent's
6inquiry concerning the needs of that constituent or questions
7raised by that constituent. Nothing in this Section shall be
8construed to authorize expenditures for lodging and meals while
9a member is in attendance at sessions of the General Assembly.
10    Any utility bill for service provided to a member's
11district office for a period including portions of 2
12consecutive fiscal years may be paid from funds appropriated
13for such expenditure in either fiscal year.
14    If a vacancy occurs in the office of Senator or
15Representative in the General Assembly, any office equipment in
16the possession of the vacating member shall transfer to the
17member's successor; if the successor does not want such
18equipment, it shall be transferred to the Secretary of the
19Senate or Clerk of the House of Representatives, as the case
20may be, and if not wanted by other members of the General
21Assembly then to the Department of Central Management Services
22for treatment as surplus property under the State Property
23Control Act. Each member, on or before June 30th of each year,
24shall conduct an inventory of all equipment purchased pursuant
25to this Act. Such inventory shall be filed with the Secretary
26of the Senate or the Clerk of the House, as the case may be.



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1Whenever a vacancy occurs, the Secretary of the Senate or the
2Clerk of the House, as the case may be, shall conduct an
3inventory of equipment purchased.
4    In the event that a member leaves office during his or her
5term, any unexpended or unobligated portion of the allowance
6granted under this Section shall lapse. The vacating member's
7successor shall be granted an allowance in an amount, rounded
8to the nearest dollar, computed by dividing the annual
9allowance by 365 and multiplying the quotient by the number of
10days remaining in the fiscal year.
11    From any appropriation for the purposes of this Section for
12a fiscal year which overlaps 2 General Assemblies, no more than
131/2 of the annual allowance per member may be spent or
14encumbered by any member of either the outgoing or incoming
15General Assembly, except that any member of the incoming
16General Assembly who was a member of the outgoing General
17Assembly may encumber or spend any portion of his annual
18allowance within the fiscal year.
19    The appropriation for the annual allowances permitted by
20this Section shall be included in an appropriation to the
21President of the Senate and to the Speaker of the House of
22Representatives for their respective members. The President of
23the Senate and the Speaker of the House shall voucher for
24payment individual members' expenditures from their annual
25office allowances to the State Comptroller, subject to the
26authority of the Comptroller under Section 9 of the State



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1Comptroller Act.
2    Nothing in this Section prohibits the expenditure of
3personal funds or the funds of a political committee controlled
4by an officeholder to defray the customary and reasonable
5expenses of an officeholder in connection with the performance
6of governmental and public service functions.
7    Between July 1 and August 1 of each year, each Senator and
8Representative shall approve the expenditure of 1% of the
9amount authorized per year under this Section for his or her
10office allowance to be paid to the State Treasurer for deposit
11into the Special Counsel Operations Fund, a special fund
12created in the State treasury, and, subject to appropriation to
13be expended for the compensation of the Special Counsel and his
14or her staff and necessary expenses for the Special Counsel and
15for no other purpose.
16(Source: P.A. 95-6, eff. 6-20-07; 96-555, eff. 8-18-09; 96-886,
17eff. 1-1-11.)
18    Section 20. The Lobbyist Registration Act is amended by
19changing Sections 5 and 11 as follows:
20    (25 ILCS 170/5)
21    Sec. 5. Lobbyist registration and disclosure. Every
22natural person and every entity required to register under this
23Act shall before any service is performed which requires the
24natural person or entity to register, but in any event not



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1later than 2 business days after being employed or retained,
2file in the Office of the Secretary of State a statement in a
3format prescribed by the Secretary of State containing the
4following information with respect to each person or entity
5employing, retaining, or benefitting from the services of the
6natural person or entity required to register:
7        (a) The registrant's name, permanent address, e-mail
8    address, if any, fax number, if any, business telephone
9    number, and temporary address, if the registrant has a
10    temporary address while lobbying.
11        (a-5) If the registrant is an entity, the information
12    required under subsection (a) for each natural person
13    associated with the registrant who will be lobbying,
14    regardless of whether lobbying is a significant part of his
15    or her duties.
16        (b) The name and address of the client or clients
17    employing or retaining the registrant to perform such
18    services or on whose behalf the registrant appears. If the
19    client employing or retaining the registrant is a client
20    registrant, the statement shall also include the name and
21    address of the client or clients of the client registrant
22    on whose behalf the registrant will be or anticipates
23    performing services.
24        (c) A brief description of the executive, legislative,
25    or administrative action in reference to which such service
26    is to be rendered.



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1        (c-5) Each executive and legislative branch agency the
2    registrant expects to lobby during the registration
3    period.
4        (c-6) The nature of the client's business, by
5    indicating all of the following categories that apply: (1)
6    banking and financial services, (2) manufacturing, (3)
7    education, (4) environment, (5) healthcare, (6) insurance,
8    (7) community interests, (8) labor, (9) public relations or
9    advertising, (10) marketing or sales, (11) hospitality,
10    (12) engineering, (13) information or technology products
11    or services, (14) social services, (15) public utilities,
12    (16) racing or wagering, (17) real estate or construction,
13    (18) telecommunications, (19) trade or professional
14    association, (20) travel or tourism, (21) transportation,
15    (22) agriculture, and (23) other (setting forth the nature
16    of that other business).
17    Every natural person and every entity required to register
18under this Act shall annually submit the registration required
19by this Section on or before each January 31. The registrant
20has a continuing duty to report any substantial change or
21addition to the information contained in the registration.
22    The Secretary of State shall make all filed statements and
23amendments to statements publicly available by means of a
24searchable database that is accessible through the World Wide
25Web. The Secretary of State shall provide all software
26necessary to comply with this provision to all natural persons



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1and entities required to file. The Secretary of State shall
2implement a plan to provide computer access and assistance to
3natural persons and entities required to file electronically.
4    All natural persons and entities required to register under
5this Act shall remit a single, annual, and nonrefundable $550
6$300 registration fee. Each natural person required to register
7under this Act shall submit, on an annual basis, a picture of
8the registrant. A registrant may, in lieu of submitting a
9picture on an annual basis, authorize the Secretary of State to
10use any photo identification available in any database
11maintained by the Secretary of State for other purposes. Each
12registration fee collected for registrations on or after
13January 1, 2010 shall be deposited as follows: (1) $300 into
14the Lobbyist Registration Administration Fund for
15administration and enforcement of this Act; and (2) $250 into
16the Special Counsel Operations Fund.
17(Source: P.A. 98-459, eff. 1-1-14.)
18    (25 ILCS 170/11)  (from Ch. 63, par. 181)
19    Sec. 11. Enforcement.
20    (a) The Secretary of State Inspector General appointed
21under Section 14 of the Secretary of State Act shall initiate
22investigations of violations of this Act upon receipt of
23credible evidence of a violation. If, upon conclusion of an
24investigation, the Inspector General reasonably believes a
25violation of this Act has occurred, the Inspector General shall



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1provide the alleged violator with written notification of the
2alleged violation. Within 30 calendar days after receipt of the
3notification, the alleged violator shall submit a written
4response to the Inspector General. The response shall indicate
5whether the alleged violator (i) disputes the alleged
6violation, including any facts that reasonably prove the
7alleged violation did not violate the Act, or (ii) agrees to
8take action to correct the alleged violation within 30 calendar
9days, including a description of the action the alleged
10violator has taken or will take to correct the alleged
11violation. If the alleged violator disputes the alleged
12violation or fails to respond to the notification of the
13alleged violation, the Inspector General shall transmit the
14evidence to the appropriate State's Attorney or Attorney
15General. If the alleged violator agrees to take action to
16correct the alleged violation, the Inspector General shall make
17available to the public the notification from the Inspector
18General and the response from the alleged violator and shall
19not transmit the evidence to the appropriate State's Attorney
20or Attorney General. Nothing in this Act requires the Inspector
21General to notify an alleged violator of an ongoing
22investigation or to notify the alleged violator of a referral
23of any evidence to a law enforcement agency, a State's
24Attorney, or the Attorney General pursuant to subsection (c).
25    (b) Any violation of this Act may be prosecuted in the
26county where the offense is committed or in Sangamon County. In



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1addition to the State's Attorney of the appropriate county, the
2Attorney General of Illinois also is authorized to prosecute
3any violation of this Act.
4    (c) Notwithstanding any other provision of this Act, the
5Inspector General may at any time refer evidence of a violation
6of State or federal law, in addition to a violation of this
7Act, to the appropriate law enforcement agency, State's
8Attorney, or Attorney General.
9    (d) The Secretary of State, the Secretary of State
10Inspector General, or upon a request of a majority of the
11members of the Judiciary-Criminal Committee or the
12Judiciary-Civil Committee of the House of Representatives or
13the Criminal Law Committee or Judiciary Committee of the Senate
14or the unanimous vote of the minority members of the
15Judiciary-Criminal Committee or the Judiciary-Civil Committee
16of the House of Representatives or the Criminal Law Committee
17or Judiciary Committee of the Senate; provided that at least
18one member of the majority party also votes in favor of the
19request may refer to the Attorney General allegations of sexual
20assault and sexual harassment, as defined in Section 6.1 of the
21Attorney General Act, by a lobbyist registered under this Act
22and to determine whether violations of the Illinois Human
23Rights Act or the federal Civil Rights Act of 1964 have
24occurred. The Attorney General may appoint a Special Counsel
25under Section 6.1 of the Attorney General Act to investigate
26and prosecute the allegations.



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1(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
2    Section 25. The State Finance Act is amended by adding
3Section 5.886 as follows:
4    (30 ILCS 105/5.886 new)
5    Sec. 5.886. The Special Counsel Operations Fund.
6    Section 30. The Statewide Grand Jury Act is amended by
7changing Sections 2, 3, and 4 and by adding Section 11 as
9    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
10    Sec. 2. (a) County grand juries and State's Attorneys have
11always had and shall continue to have primary responsibility
12for investigating, indicting, and prosecuting persons who
13violate the criminal laws of the State of Illinois. However, in
14recent years organized terrorist activity directed against
15innocent civilians and certain criminal enterprises have
16developed that require investigation, indictment, and
17prosecution on a statewide or multicounty level. The criminal
18enterprises exist as a result of the allure of profitability
19present in narcotic activity, the unlawful sale and transfer of
20firearms, and streetgang related felonies and organized
21terrorist activity is supported by the contribution of money
22and expert assistance from geographically diverse sources. In



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1order to shut off the life blood of terrorism and weaken or
2eliminate the criminal enterprises, assets, and property used
3to further these offenses must be frozen, and any profit must
4be removed. State statutes exist that can accomplish that goal.
5Among them are the offense of money laundering, the Cannabis
6and Controlled Substances Tax Act, violations of Article 29D of
7the Criminal Code of 1961 or the Criminal Code of 2012, the
8Narcotics Profit Forfeiture Act, and gunrunning. Local
9prosecutors need investigative personnel and specialized
10training to attack and eliminate these profits. In light of the
11transitory and complex nature of conduct that constitutes these
12criminal activities, the many diverse property interests that
13may be used, acquired directly or indirectly as a result of
14these criminal activities, and the many places that illegally
15obtained property may be located, it is the purpose of this Act
16to create a limited, multicounty Statewide Grand Jury with
17authority to investigate, indict, and prosecute: narcotic
18activity, including cannabis and controlled substance
19trafficking, narcotics racketeering, money laundering,
20violations of the Cannabis and Controlled Substances Tax Act,
21and violations of Article 29D of the Criminal Code of 1961 or
22the Criminal Code of 2012; the unlawful sale and transfer of
23firearms; gunrunning; and streetgang related felonies.
24    (a-5) Incidents of sexual harassment and sexual assault by
25members of the General Assembly and registered lobbyists are
26prevalent in this State. Because of the statewide importance of



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1this issue and the extent of this conduct, a Statewide Grand
2Jury, upon referral from a Special Counsel appointed under
3Section 6.1 of the Attorney General Act, may investigate,
4indict, and prosecute violations of sexual assault, as defined
5in Section 6.1 of the Attorney General Act, or violations of
6Article 11 of the Criminal Code of 2012 by a member or members
7of the General Assembly or by a registered lobbyist or
8lobbyists, and may recommend that in the case of civil
9allegations of sexual harassment by a member of the General
10Assembly or a registered lobbyist under the Lobbyist
11Registration Act recommend that the Special Counsel pursue
12civil remedies, including the filing of a complaint with the
13Department of Human Rights.
14    (b) A Statewide Grand Jury may also investigate, indict,
15and prosecute violations facilitated by the use of a computer
16of any of the following offenses: indecent solicitation of a
17child, sexual exploitation of a child, soliciting for a
18juvenile prostitute, keeping a place of juvenile prostitution,
19juvenile pimping, child pornography, aggravated child
20pornography, or promoting juvenile prostitution except as
21described in subdivision (a)(4) of Section 11-14.4 of the
22Criminal Code of 1961 or the Criminal Code of 2012.
23(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
24    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
25    Sec. 3. Written application for the appointment of a



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1Circuit Judge to convene and preside over a Statewide Grand
2Jury, with jurisdiction extending throughout the State, shall
3be made to the Chief Justice of the Supreme Court. Upon such
4written application, the Chief Justice of the Supreme Court
5shall appoint a Circuit Judge from the circuit where the
6Statewide Grand Jury is being sought to be convened, who shall
7make a determination that the convening of a Statewide Grand
8Jury is necessary.
9    In such application the Attorney General shall state that
10the convening of a Statewide Grand Jury is necessary because of
11an alleged offense or offenses set forth in this Section
12involving more than one county of the State and identifying any
13such offense alleged; and
14        (a) that he or she believes that the grand jury
15    function for the investigation and indictment of the
16    offense or offenses cannot effectively be performed by a
17    county grand jury together with the reasons for such
18    belief, and
19          (b)(1) that each State's Attorney with jurisdiction
20        over an offense or offenses to be investigated has
21        consented to the impaneling of the Statewide Grand
22        Jury, or
23            (2) if one or more of the State's Attorneys having
24        jurisdiction over an offense or offenses to be
25        investigated fails to consent to the impaneling of the
26        Statewide Grand Jury, the Attorney General shall set



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1        forth good cause for impaneling the Statewide Grand
2        Jury.
3    If the Circuit Judge determines that the convening of a
4Statewide Grand Jury is necessary, he or she shall convene and
5impanel the Statewide Grand Jury with jurisdiction extending
6throughout the State to investigate and return indictments:
7        (a) For violations of any of the following or for any
8    other criminal offense committed in the course of violating
9    any of the following: Article 29D of the Criminal Code of
10    1961 or the Criminal Code of 2012, the Illinois Controlled
11    Substances Act, the Cannabis Control Act, the
12    Methamphetamine Control and Community Protection Act, the
13    Narcotics Profit Forfeiture Act, or the Cannabis and
14    Controlled Substances Tax Act; a streetgang related felony
15    offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1,
16    24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
17    24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
18    24-1(c) of the Criminal Code of 1961 or the Criminal Code
19    of 2012; or a money laundering offense; provided that the
20    violation or offense involves acts occurring in more than
21    one county of this State; and
22        (a-5) For violations facilitated by the use of a
23    computer, including the use of the Internet, the World Wide
24    Web, electronic mail, message board, newsgroup, or any
25    other commercial or noncommercial on-line service, of any
26    of the following offenses: indecent solicitation of a



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1    child, sexual exploitation of a child, soliciting for a
2    juvenile prostitute, keeping a place of juvenile
3    prostitution, juvenile pimping, child pornography,
4    aggravated child pornography, or promoting juvenile
5    prostitution except as described in subdivision (a)(4) of
6    Section 11-14.4 of the Criminal Code of 1961 or the
7    Criminal Code of 2012; and
8        (b) For the offenses of perjury, subornation of
9    perjury, communicating with jurors and witnesses, and
10    harassment of jurors and witnesses, as they relate to
11    matters before the Statewide Grand Jury; and
12        (c) For allegations of sexual assault, as defined in
13    Section 6.1 of the Attorney General Act, or allegations of
14    violations of Article 11 of the Criminal Code of 2012, by a
15    member or members of the General Assembly or a lobbyist or
16    lobbyists registered under the Lobbyist Registration Act.
17    "Streetgang related" has the meaning ascribed to it in
18Section 10 of the Illinois Streetgang Terrorism Omnibus
19Prevention Act.
20    Upon written application by the Attorney General for the
21convening of an additional Statewide Grand Jury, the Chief
22Justice of the Supreme Court shall appoint a Circuit Judge from
23the circuit for which the additional Statewide Grand Jury is
24sought. The Circuit Judge shall determine the necessity for an
25additional Statewide Grand Jury in accordance with the
26provisions of this Section. No more than 2 Statewide Grand



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1Juries may be empaneled at any time.
2(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
3    (725 ILCS 215/4)  (from Ch. 38, par. 1704)
4    Sec. 4. (a) The presiding judge of the Statewide Grand Jury
5will receive recommendations from the Attorney General as to
6the county in which the Grand Jury will sit. Prior to making
7the recommendations, the Attorney General shall obtain the
8permission of the local State's Attorney to use his or her
9county for the site of the Statewide Grand Jury. Upon receiving
10the Attorney General's recommendations, the presiding judge
11will choose one of those recommended locations as the site
12where the Grand Jury shall sit.
13    Any indictment by a Statewide Grand Jury shall be returned
14to the Circuit Judge presiding over the Statewide Grand Jury
15and shall include a finding as to the county or counties in
16which the alleged offense was committed. Thereupon, the judge
17shall, by order, designate the county of venue for the purpose
18of trial. The judge may also, by order, direct the
19consolidation of an indictment returned by a county grand jury
20with an indictment returned by the Statewide Grand Jury and set
21venue for trial.
22    (b) Venue for purposes of trial for the offense of
23narcotics racketeering shall be proper in any county where:
24        (1) Cannabis or a controlled substance which is the
25    basis for the charge of narcotics racketeering was used;



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1    acquired; transferred or distributed to, from or through;
2    or any county where any act was performed to further the
3    use; acquisition, transfer or distribution of said
4    cannabis or controlled substance; or
5        (2) Any money, property, property interest, or any
6    other asset generated by narcotics activities was
7    acquired, used, sold, transferred or distributed to, from
8    or through; or,
9        (3) Any enterprise interest obtained as a result of
10    narcotics racketeering was acquired, used, transferred or
11    distributed to, from or through, or where any activity was
12    conducted by the enterprise or any conduct to further the
13    interests of such an enterprise.
14    (c) Venue for purposes of trial for the offense of money
15laundering shall be proper in any county where any part of a
16financial transaction in criminally derived property took
17place, or in any county where any money or monetary interest
18which is the basis for the offense, was acquired, used, sold,
19transferred or distributed to, from, or through.
20    (d) A person who commits the offense of cannabis
21trafficking or controlled substance trafficking may be tried in
22any county.
23    (e) Venue for purposes of trial for any violation of
24Article 29D of the Criminal Code of 1961 or the Criminal Code
25of 2012 may be in the county in which an act of terrorism
26occurs, the county in which material support or resources are



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1provided or solicited, the county in which criminal assistance
2is rendered, or any county in which any act in furtherance of
3any violation of Article 29D of the Criminal Code of 1961 or
4the Criminal Code of 2012 occurs.
5    (f) Venue for purposes of trial for allegations of sexual
6assault, as defined in Section 6.1 of the Attorney General Act,
7or allegations of violations of Article 11 of the Criminal Code
8of 2012, by a member of the General Assembly or lobbyist
9registered under the Lobbyist Registration Act, may be in the
10county in which the alleged act of sexual assault occurred.
11(Source: P.A. 97-1150, eff. 1-25-13.)
12    (725 ILCS 215/11 new)
13    Sec. 11. Terms. As used in this Act, the term "Attorney
14General" shall include a Special Counsel appointed by the
15Attorney General under Section 6.1 of the Attorney General Act
16who acts under subsection (a-5) of Section 2 of this Act.



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2 Statutes amended in order of appearance
3    5 ILCS 430/25-20a
4    15 ILCS 205/6.1 new
5    25 ILCS 115/4from Ch. 63, par. 15.1
6    25 ILCS 170/5
7    25 ILCS 170/11from Ch. 63, par. 181
8    30 ILCS 105/5.886 new
9    725 ILCS 215/2from Ch. 38, par. 1702
10    725 ILCS 215/3from Ch. 38, par. 1703
11    725 ILCS 215/4from Ch. 38, par. 1704
12    725 ILCS 215/11 new