State of Illinois
91st General Assembly

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[ Senate Amendment 001 ]


HB4279 Enrolled                               LRB9111909RCdvA

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

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

 5        Section 1.  Findings; purpose.
 6        (a)  The General Assembly finds and declares that:
 7             (1)  Public Act  89-688,  effective  June  1,  1997,
 8        contained  provisions amending Section 3 of the Statewide
 9        Grand Jury Act to authorize  the  creation  of  a  second
10        statewide  grand  jury.  Public Act 89-688 also contained
11        other provisions.
12             (2)  On October 20, 2000, in  People  v.  Jerry  Lee
13        Foster,  Docket  No.  4-99-0933,  the  Illinois Appellate
14        Court, Fourth District,  ruled  that  Public  Act  89-688
15        violates  the  single  subject  clause  of  the  Illinois
16        Constitution  (Article IV, Section 8(d)) and is therefore
17        unconstitutional in its entirety.
18             (3)  The  provisions  added  to  Section  3  of  the
19        Statewide Grand Jury Act by Public Act 88-680 (consisting
20        of the final paragraph of the Section,  relating  to  the
21        convening  of a second statewide grand jury) are of vital
22        concern to the people of this State.  Prompt  legislative
23        action concerning those provisions is necessary.
24             (4)  Section  3  of the Statewide Grand Jury Act has
25        subsequently been amended by Public Act 91-225, effective
26        January 1, 2000, which added subdivision (a-5).
27        (b)  It is the purpose of this Act to re-enact Section  3
28    of  the  Statewide  Grand  Jury Act, including the provisions
29    added by Public Act 89-688 and the  subsequent  amendment  by
30    P.A.  91-225.   This  re-enactment  is intended to remove any
31    question as to the validity or content of  those  provisions;
32    it  is  not  intended  to supersede any other Public Act that
HB4279 Enrolled            -2-                LRB9111909RCdvA
 1    amends the text of the Section as set forth in this Act.  The
 2    re-enacted material is shown in this  Act  as  existing  text
 3    (i.e., without underscoring).

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

 6        (725 ILCS 215/3) (from Ch. 38, par. 1703)
 7        Sec. 3.  Written application for  the  appointment  of  a
 8    Circuit  Judge  to convene and preside over a Statewide Grand
 9    Jury, with jurisdiction extending throughout the State, shall
10    be made to the Chief Justice of the Supreme Court.  Upon such
11    written application, the Chief Justice of the  Supreme  Court
12    shall  appoint  a  Circuit  Judge  from the circuit where the
13    Statewide Grand Jury is being  sought  to  be  convened,  who
14    shall  make a determination that the convening of a Statewide
15    Grand Jury is necessary.
16        In such application the Attorney General shall state that
17    the convening of a Statewide Grand Jury is necessary  because
18    of  an  alleged offense or offenses set forth in this Section
19    involving more than one county of the State  and  identifying
20    any such offense alleged; and
21             (a)  that  he  or  she  believes that the grand jury
22        function for the  investigation  and  indictment  of  the
23        offense  or offenses cannot effectively be performed by a
24        county grand jury together  with  the  reasons  for  such
25        belief, and
26               (b)(1)  that    each    State's    Attorney   with
27             jurisdiction over  an  offense  or  offenses  to  be
28             investigated  has consented to the impaneling of the
29             Statewide Grand Jury, or
30                  (2)  if one or more of  the  State's  Attorneys
31             having  jurisdiction  over an offense or offenses to
32             be investigated fails to consent to  the  impaneling
HB4279 Enrolled            -3-                LRB9111909RCdvA
 1             of  the  Statewide  Grand Jury, the Attorney General
 2             shall  set  forth  good  cause  for  impaneling  the
 3             Statewide Grand Jury.
 4        If the Circuit Judge determines that the convening  of  a
 5    Statewide  Grand  Jury  is necessary, he or she shall convene
 6    and  impanel  the  Statewide  Grand  Jury  with  jurisdiction
 7    extending throughout the  State  to  investigate  and  return
 8    indictments:
 9             (a)  For  violations  of any of the following or for
10        any other criminal offense committed  in  the  course  of
11        violating  any  of the following: the Illinois Controlled
12        Substances Act, the Cannabis Control Act,  the  Narcotics
13        Profit  Forfeiture  Act,  or  the Cannabis and Controlled
14        Substances Tax Act; a streetgang related felony  offense;
15        Section  24-2.1,  24-2.2,  24-3,  24-3A,  24-3.1, 24-3.3,
16        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  a  money
19        laundering  offense;  provided  that  the  violation   or
20        offense  involves  acts occurring in more than one county
21        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
24        Wide Web, electronic mail, message board,  newsgroup,  or
25        any other commercial or noncommercial on-line service, of
26        any  of the following offenses:  indecent solicitation of
27        a child, sexual exploitation of a child, soliciting for a
28        juvenile  prostitute,  keeping  a   place   of   juvenile
29        prostitution, juvenile pimping, or child pornography; and
30             (b)  For  the  offenses  of  perjury, subornation of
31        perjury, communicating with  jurors  and  witnesses,  and
32        harassment  of  jurors  and  witnesses, as they relate to
33        matters before the Statewide Grand Jury.
34        "Streetgang related" has the meaning ascribed  to  it  in
HB4279 Enrolled            -4-                LRB9111909RCdvA
 1    Section  10  of  the  Illinois  Streetgang  Terrorism Omnibus
 2    Prevention Act.
 3        Upon written application by the Attorney General for  the
 4    convening  of  an  additional Statewide Grand Jury, the Chief
 5    Justice of the Supreme Court shall appoint  a  Circuit  Judge
 6    from  the  circuit  for  which the additional Statewide Grand
 7    Jury is  sought.   The  Circuit  Judge  shall  determine  the
 8    necessity   for   an   additional  Statewide  Grand  Jury  in
 9    accordance with the provisions of this Section.  No more than
10    2 Statewide Grand Juries may be empaneled at any time.
11    (Source: P.A. 91-225, eff. 1-1-00.)

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

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