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91_HB0790enr HB0790 Enrolled LRB9104579RCks 1 AN ACT to amend the Statewide Grand Jury Act by changing 2 Sections 2 and 3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Statewide Grand Jury Act is amended by 6 changing Sections 2 and 3 as follows: 7 (725 ILCS 215/2) (from Ch. 38, par. 1702) 8 Sec. 2. (a) County grand juries and State's Attorneys 9 have always had and shall continue to have primary 10 responsibility for investigating, indicting, and prosecuting 11 persons who violate the criminal laws of the State of 12 Illinois. However, in recent years certain criminal 13 enterprises have developed that require investigation, 14 indictment, and prosecution on a statewide or multicounty 15 level. These enterprises exist as a result of the allure of 16 profitability present in narcotic activity, the unlawful sale 17 and transfer of firearms, and streetgang related felonies. In 18 order to weaken or eliminate these enterprises, the profit 19 must be removed. State statutes exist that can accomplish 20 that goal. Among them are the offense of money laundering, 21 the Cannabis and Controlled Substances Tax Act, the Narcotics 22 Profit Forfeiture Act, and gunrunning. Local prosecutors 23 need investigative personnel and specialized training to 24 attack and eliminate these profits. In light of the 25 transitory and complex nature of conduct that constitutes 26 these criminal activities, the many diverse property 27 interests that may be acquired directly or indirectly as a 28 result of these criminal activities, and the many places that 29 illegally obtained property may be located, it is the purpose 30 of this Act to create a limited, multicounty Statewide Grand 31 Jury with authority to investigate, indict, and prosecute: HB0790 Enrolled -2- LRB9104579RCks 1 narcotic activity, including cannabis and controlled 2 substance trafficking, narcotics racketeering, money 3 laundering, and violations of the Cannabis and Controlled 4 Substances Tax Act; the unlawful sale and transfer of 5 firearms; gunrunning; and streetgang related felonies. 6 (b) A Statewide Grand Jury may also investigate, indict, 7 and prosecute violations facilitated by the use of a computer 8 of any of the following offenses: indecent solicitation of a 9 child, sexual exploitation of a child, soliciting for a 10 juvenile prostitute, keeping a place of juvenile 11 prostitution, juvenile pimping, or child pornography. 12 (Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95.) 13 (725 ILCS 215/3) (from Ch. 38, par. 1703) 14 Sec. 3. Written application for the appointment of a 15 Circuit Judge to convene and preside over a Statewide Grand 16 Jury, with jurisdiction extending throughout the State, shall 17 be made to the Chief Justice of the Supreme Court. Upon such 18 written application, the Chief Justice of the Supreme Court 19 shall appoint a Circuit Judge from the circuit where the 20 Statewide Grand Jury is being sought to be convened, who 21 shall make a determination that the convening of a Statewide 22 Grand Jury is necessary. 23 In such application the Attorney General shall state that 24 the convening of a Statewide Grand Jury is necessary because 25 of an alleged offense or offenses set forth in this Section 26 involving more than one county of the State and identifying 27 any such offense alleged; and 28 (a) that he or she believes that the grand jury 29 function for the investigation and indictment of the 30 offense or offenses cannot effectively be performed by a 31 county grand jury together with the reasons for such 32 belief, and 33 (b) (1) that each State's Attorney with HB0790 Enrolled -3- LRB9104579RCks 1 jurisdiction over an offense or offenses to be 2 investigated has consented to the impaneling of the 3 Statewide Grand Jury, or 4 (2) if one or more of the State's Attorneys 5 having jurisdiction over an offense or offenses to 6 be investigated fails to consent to the impaneling 7 of the Statewide Grand Jury, the Attorney General 8 shall set forth good cause for impaneling the 9 Statewide Grand Jury. 10 If the Circuit Judge determines that the convening of a 11 Statewide Grand Jury is necessary, he or she shall convene 12 and impanel the Statewide Grand Jury with jurisdiction 13 extending throughout the State to investigate and return 14 indictments: 15 (a) For violations of any of the following or for 16 any other criminal offense committed in the course of 17 violating any of the following: the Illinois Controlled 18 Substances Act, the Cannabis Control Act, the Narcotics 19 Profit Forfeiture Act, or the Cannabis and Controlled 20 Substances Tax Act; a streetgang related felony offense; 21 Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 22 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 23 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24 24-1(c) of the Criminal Code of 1961; or a money 25 laundering offense; provided that the violation or 26 offense involves acts occurring in more than one county 27 of this State; and 28 (a-5) For violations facilitated by the use of a 29 computer, including the use of the Internet, the World 30 Wide Web, electronic mail, message board, newsgroup, or 31 any other commercial or noncommercial on-line service, of 32 any of the following offenses: indecent solicitation of 33 a child, sexual exploitation of a child, soliciting for a 34 juvenile prostitute, keeping a place of juvenile HB0790 Enrolled -4- LRB9104579RCks 1 prostitution, juvenile pimping, or child pornography; and 2 3 (b) For the offenses of perjury, subornation of 4 perjury, communicating with jurors and witnesses, and 5 harassment of jurors and witnesses, as they relate to 6 matters before the Statewide Grand Jury. 7 "Streetgang related" has the meaning ascribed to it in 8 Section 10 of the Illinois Streetgang Terrorism Omnibus 9 Prevention Act. 10 Upon written application by the Attorney General for the 11 convening of an additional Statewide Grand Jury, the Chief 12 Justice of the Supreme Court shall appoint a Circuit Judge 13 from the circuit for which the additional Statewide Grand 14 Jury is sought. The Circuit Judge shall determine the 15 necessity for an additional Statewide Grand Jury in 16 accordance with the provisions of this Section. No more than 17 2 Statewide Grand Juries may be empaneled at any time. 18 (Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95; 19 89-688, eff. 6-1-97.)