HB4156 100TH GENERAL ASSEMBLY

LRB100 15611 RLC 30706 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4156

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning special counsel.

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

Section 5. The State Officials and Employees Ethics Act is amended by changing Section 25-20a as follows:

(5 ILCS 430/25-20a)

Sec. 25-20a. Attorney General investigatory authority. In addition to investigatory authority otherwise granted by law, the Attorney General shall have the authority to investigate violations of this Act pursuant to Section 25-50 or Section 25-51 of this Act after receipt of notice from the Legislative Ethics Commission or pursuant to Section 5-45 and to appoint a Special Counsel under Section 6.1 of the Attorney General Act to investigate and prosecute allegations of sexual assault and sexual harassment by a member or members of the General Assembly and to determine whether violations of the Illinois Human Rights Act or the federal Civil Rights Act of 1964 have occurred, upon a referral from the Legislative Ethics Commission, upon referral from the Legislative Inspector General, or upon a request of a majority of the members of the Judiciary-Criminal Committee or the Judiciary-Civil Committee of the House of Representatives or the Criminal Law Committee or Judiciary Committee of the Senate or the unanimous vote of the minority members of the Judiciary-Criminal Committee or the Judiciary-Civil Committee of the House of Representatives or the Criminal Law Committee or Judiciary Committee of the Senate; provided that at least one member of the majority party also votes in favor of the request. The Attorney General shall have the discretion to determine the appropriate means of investigation as permitted by law, including (i) the request of information relating to an investigation from any person when the Attorney General deems that information necessary in conducting an investigation; and (ii) the issuance of subpoenas to compel the attendance of witnesses for the purposes of sworn testimony and production of documents and other items for inspection and copying and the service of those subpoenas.

Nothing in this Section shall be construed as granting the Attorney General the authority to investigate alleged misconduct pursuant to notice received under Section 5-45, Section 25-50, or Section 25-51 of this Act, if the information contained in the notice indicates that the alleged misconduct was minor in nature. As used in this Section, misconduct that is "minor in nature" means misconduct that was a violation of office, agency, or department policy and not of this Act or any other civil or criminal law.

(Source: P.A. 96-555, eff. 8-18-09.)

Section 10. The Attorney General Act is amended by adding Section 6.1 as follows:

(15 ILCS 205/6.1 new)

Sec. 6.1. Special Counsel to investigate and prosecute allegations of sexual assault and sexual harassment by a member or members of the General Assembly and by a registered lobbyist or lobbyists.

(a) In this Section:

"Sexual assault" means an act of nonconsensual sexual conduct or sexual penetration, as defined in Section 11-0.1 of the Criminal Code of 2012, including, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.

"Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to that conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting the individual, or (3) the conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

(b) The Special Counsel must: (1) be a licensed attorney at law of this State in good standing and licensed to practice before a United States District Court and the United States Court of Appeals for the Seventh Circuit; (2) have had prosecutorial experience prior to his or her appointment; and (3) not have been employed by, nor performed work for, State Government within 10 years prior to his or her appointment as Special Counsel. A person named as Special Counsel shall be an attorney with a reputation for integrity and impartial decision making, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Attorney General policies. A Special Counsel shall agree that his or her responsibilities as Special Counsel shall take first precedence in his or her professional life, and that it may be necessary to devote his or her full time to the investigation, depending on its complexity and the stage of the investigation.

(c) The jurisdiction of a Special Counsel shall be established by the Attorney General, upon a referral under Section 25-20a of the State Officials and Employees Ethics Act or under Section 11 of the Lobbyist Registration Act, but only as it relates to allegations of sexual assault, sexual harassment, and alleged violations of Article 11 of the Criminal Code of 2012 by members of the General Assembly and by lobbyists registered under the Lobbyist Registration Act and to determine whether violations of the Criminal Code of 2012, the Illinois Human Rights Act, or the federal Civil Rights Act of 1964 have occurred. The Special Counsel shall be provided with a specific factual statement of the matter to be investigated and prosecuted. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute State crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated or prosecuted, or both.

(d) If in the course of his or her investigation the Special Counsel concludes that additional jurisdiction beyond that specified in his or her original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of his or her investigation, he or she shall consult with the Attorney General, who shall determine whether to include the additional matters within the Special Counsel's jurisdiction or assign them elsewhere. The Attorney General shall not unreasonably withhold his or her consent to allow the requested additional jurisdiction.

(e) If in the course of his or her investigation the Special Counsel determines that administrative remedies, civil sanctions, or other governmental action outside the criminal justice system might be appropriate, he or she shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted that jurisdiction by the Attorney General.

(f) A Special Counsel may request the assignment of appropriate employees of the Attorney General to assist the Special Counsel. The Attorney General shall gather and provide the Special Counsel with the names and resumes of appropriate personnel available for detail. The Special Counsel may also request the detail of specific employees, and the office for which the designated employee works shall make reasonable efforts to accommodate the request. The Special Counsel shall assign the duties and supervise the work of those employees while they are assigned to the Special Counsel. If necessary, the Special Counsel may request that additional personnel be hired or assigned from outside the Office of the Attorney General. All personnel in the Office of the Attorney General shall cooperate to the fullest extent possible with the Special Counsel.

(g) Subject to the limitations in subsections (h), (i), (j), and (k) of this Section, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any State's Attorney or assistant Attorney General. Except as provided in this Section, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Office of the Attorney General about the conduct of his or her duties and responsibilities in an assigned matter.

(h) A Special Counsel shall comply with the rules, regulations, procedures, practices, and policies of the Attorney General. He or she shall consult with appropriate offices within the Office of the Attorney General for guidance with respect to established practices, policies, and procedures of the Office of the Attorney General, including ethics and security regulations and procedures. If the Special Counsel concludes that the extraordinary circumstances of any particular decision would render compliance with required review and approval procedures by the designated component of the Office of Attorney General inappropriate, he or she may consult directly with the Attorney General.

(i) The Special Counsel may not be subject to the day-to-day supervision of any official of the Office of Attorney General.

(j) The Special Counsel and staff shall be subject to disciplinary action for misconduct and breach of ethical duties under the same standards and to the same extent as are other employees of the Office of Attorney General. Inquiries into these matters shall be handled through the appropriate office of the Attorney General upon the approval of the Attorney General.

(k) The Special Counsel may be disciplined or removed from office only by the party requesting his or her appointment under Section 25-20a of the State Officials and Employees Ethics Act. Removal may be only for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of the Office of Attorney General policies. The Special Counsel shall be informed in writing of the specific reason for his or her removal.

(l) A Special Counsel shall be compensated at an hourly rate established by the Attorney General but shall not be a rate lower than Attorney General's hourly rate, assuming a 2080 hour work year. Special Counsel compensation and expenses incurred in carrying out his or her duties shall be paid from the Special Counsel Operations Fund. Within the first 60 days of his or her appointment, the Special Counsel shall develop a proposed budget for the current fiscal year for the Attorney General's review and approval, which shall not be unreasonably withheld. The budget shall include a request for assignment of personnel, with a description of the qualifications needed. Ninety days before the beginning of each fiscal year, the Special Counsel shall report to the Attorney General the status of an on-going investigation, and provide a budget request for the following year. The Attorney General shall review and approve the budget request which approval shall not be unreasonably withheld.

(m) The Special Counsel shall notify the Attorney General of events in the course of his or her investigation in conformity with the Office of Attorney General guidelines. At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel. The Special Counsel's appointment terminates upon filing of the report.

(n) The release of information by any Office of the Attorney General employee, including a Special Counsel and staff, concerning matters handled by a Special Counsel shall be governed by the generally applicable Office of Attorney General guidelines concerning public comment with respect to any criminal or civil investigation, and relevant law.

Section 15. The General Assembly Compensation Act is amended by changing Section 4 as follows:

(25 ILCS 115/4) (from Ch. 63, par. 15.1)

Sec. 4. Office allowance. Beginning July 1, 2001, each member of the House of Representatives is authorized to approve the expenditure of not more than $61,000 per year and each member of the Senate is authorized to approve the expenditure of not more than $73,000 per year to pay for "personal services", "contractual services", "commodities", "printing", "travel", "operation of automotive equipment", "telecommunications services", as defined in the State Finance Act, and the compensation of one or more legislative assistants authorized pursuant to this Section, in connection with his or her legislative duties and not in connection with any political campaign. On July 1, 2002 and on July 1 of each year thereafter, the amount authorized per year under this Section for each member of the Senate and each member of the House of Representatives shall be increased by a percentage increase equivalent to the lesser of (i) the increase in the designated cost of living index or (ii) 5%. The designated cost of living index is the index known as the "Employment Cost Index, Wages and Salaries, By Occupation and Industry Groups: State and Local Government Workers: Public Administration" as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the calendar year immediately preceding the year of the respective July 1st increase date. The increase shall be added to the then current amount, and the adjusted amount so determined shall be the annual amount beginning July 1 of the increase year until July 1 of the next year. No increase under this provision shall be less than zero.

A member may purchase office equipment if the member certifies to the Secretary of the Senate or the Clerk of the House, as applicable, that the purchase price, whether paid in lump sum or installments, amounts to less than would be charged for renting or leasing the equipment over its anticipated useful life. All such equipment must be purchased through the Secretary of the Senate or the Clerk of the House, as applicable, for proper identification and verification of purchase.

Each member of the General Assembly is authorized to employ one or more legislative assistants, who shall be solely under the direction and control of that member, for the purpose of assisting the member in the performance of his or her official duties. A legislative assistant may be employed pursuant to this Section as a full-time employee, part-time employee, or contractual employee, at the discretion of the member. If employed as a State employee, a legislative assistant shall receive employment benefits on the same terms and conditions that apply to other employees of the General Assembly. Each member shall adopt and implement personnel policies for legislative assistants under his or her direction and control relating to work time requirements, documentation for reimbursement for travel on official State business, compensation, and the earning and accrual of State benefits for those legislative assistants who may be eligible to receive those benefits. The policies shall also require legislative assistants to periodically submit time sheets documenting, in quarter-hour increments, the time spent each day on official State business. The policies shall require the time sheets to be submitted on paper, electronically, or both and to be maintained in either paper or electronic format by the applicable fiscal office for a period of at least 2 years. Contractual employees may satisfy the time sheets requirement by complying with the terms of their contract, which shall provide for a means of compliance with this requirement. A member may satisfy the requirements of this paragraph by adopting and implementing the personnel policies promulgated by that member's legislative leader under the State Officials and Employees Ethics Act with respect to that member's legislative assistants.

As used in this Section the term "personal services" shall include contributions of the State under the Federal Insurance Contribution Act and under Article 14 of the Illinois Pension Code. As used in this Section the term "contractual services" shall not include improvements to real property unless those improvements are the obligation of the lessee under the lease agreement. Beginning July 1, 1989, as used in the Section, the term "travel" shall be limited to travel in connection with a member's legislative duties and not in connection with any political campaign. Beginning on the effective date of this amendatory Act of the 93rd General Assembly, as used in this Section, the term "printing" includes, but is not limited to, newsletters, brochures, certificates, congratulatory mailings, greeting or welcome messages, anniversary or birthday cards, and congratulations for prominent achievement cards. As used in this Section, the term "printing" includes fees for non-substantive resolutions charged by the Clerk of the House of Representatives under subsection (c-5) of Section 1 of the Legislative Materials Act. No newsletter or brochure that is paid for, in whole or in part, with funds provided under this Section may be printed or mailed during a period beginning February 1 of the year of a general primary election and ending the day after the general primary election and during a period beginning September 1 of the year of a general election and ending the day after the general election, except that such a newsletter or brochure may be mailed during those times if it is mailed to a constituent in response to that constituent's inquiry concerning the needs of that constituent or questions raised by that constituent. Nothing in this Section shall be construed to authorize expenditures for lodging and meals while a member is in attendance at sessions of the General Assembly.

Any utility bill for service provided to a member's district office for a period including portions of 2 consecutive fiscal years may be paid from funds appropriated for such expenditure in either fiscal year.

If a vacancy occurs in the office of Senator or Representative in the General Assembly, any office equipment in the possession of the vacating member shall transfer to the member's successor; if the successor does not want such equipment, it shall be transferred to the Secretary of the Senate or Clerk of the House of Representatives, as the case may be, and if not wanted by other members of the General Assembly then to the Department of Central Management Services for treatment as surplus property under the State Property Control Act. Each member, on or before June 30th of each year, shall conduct an inventory of all equipment purchased pursuant to this Act. Such inventory shall be filed with the Secretary of the Senate or the Clerk of the House, as the case may be. Whenever a vacancy occurs, the Secretary of the Senate or the Clerk of the House, as the case may be, shall conduct an inventory of equipment purchased.

In the event that a member leaves office during his or her term, any unexpended or unobligated portion of the allowance granted under this Section shall lapse. The vacating member's successor shall be granted an allowance in an amount, rounded to the nearest dollar, computed by dividing the annual allowance by 365 and multiplying the quotient by the number of days remaining in the fiscal year.

From any appropriation for the purposes of this Section for a fiscal year which overlaps 2 General Assemblies, no more than 1/2 of the annual allowance per member may be spent or encumbered by any member of either the outgoing or incoming General Assembly, except that any member of the incoming General Assembly who was a member of the outgoing General Assembly may encumber or spend any portion of his annual allowance within the fiscal year.

The appropriation for the annual allowances permitted by this Section shall be included in an appropriation to the President of the Senate and to the Speaker of the House of Representatives for their respective members. The President of the Senate and the Speaker of the House shall voucher for payment individual members' expenditures from their annual office allowances to the State Comptroller, subject to the authority of the Comptroller under Section 9 of the State Comptroller Act.

Nothing in this Section prohibits the expenditure of personal funds or the funds of a political committee controlled by an officeholder to defray the customary and reasonable expenses of an officeholder in connection with the performance of governmental and public service functions.

Between July 1 and August 1 of each year, each Senator and Representative shall approve the expenditure of 1% of the amount authorized per year under this Section for his or her office allowance to be paid to the State Treasurer for deposit into the Special Counsel Operations Fund, a special fund created in the State treasury, and, subject to appropriation to be expended for the compensation of the Special Counsel and his or her staff and necessary expenses for the Special Counsel and for no other purpose.

(Source: P.A. 95-6, eff. 6-20-07; 96-555, eff. 8-18-09; 96-886, eff. 1-1-11.)

Section 20. The Lobbyist Registration Act is amended by changing Sections 5 and 11 as follows:

(25 ILCS 170/5)

Sec. 5. Lobbyist registration and disclosure. Every natural person and every entity required to register under this Act shall before any service is performed which requires the natural person or entity to register, but in any event not later than 2 business days after being employed or retained, file in the Office of the Secretary of State a statement in a format prescribed by the Secretary of State containing the following information with respect to each person or entity employing, retaining, or benefitting from the services of the natural person or entity required to register:

(a) The registrant's name, permanent address, e-mail address, if any, fax number, if any, business telephone number, and temporary address, if the registrant has a temporary address while lobbying.

(a-5) If the registrant is an entity, the information required under subsection (a) for each natural person associated with the registrant who will be lobbying, regardless of whether lobbying is a significant part of his or her duties.

(b) The name and address of the client or clients employing or retaining the registrant to perform such services or on whose behalf the registrant appears. If the client employing or retaining the registrant is a client registrant, the statement shall also include the name and address of the client or clients of the client registrant on whose behalf the registrant will be or anticipates performing services.

(c) A brief description of the executive, legislative, or administrative action in reference to which such service is to be rendered.

(c-5) Each executive and legislative branch agency the registrant expects to lobby during the registration period.

(c-6) The nature of the client's business, by indicating all of the following categories that apply: (1) banking and financial services, (2) manufacturing, (3) education, (4) environment, (5) healthcare, (6) insurance, (7) community interests, (8) labor, (9) public relations or advertising, (10) marketing or sales, (11) hospitality, (12) engineering, (13) information or technology products or services, (14) social services, (15) public utilities, (16) racing or wagering, (17) real estate or construction, (18) telecommunications, (19) trade or professional association, (20) travel or tourism, (21) transportation, (22) agriculture, and (23) other (setting forth the nature of that other business).

Every natural person and every entity required to register under this Act shall annually submit the registration required by this Section on or before each January 31. The registrant has a continuing duty to report any substantial change or addition to the information contained in the registration.

The Secretary of State shall make all filed statements and amendments to statements publicly available by means of a searchable database that is accessible through the World Wide Web. The Secretary of State shall provide all software necessary to comply with this provision to all natural persons and entities required to file. The Secretary of State shall implement a plan to provide computer access and assistance to natural persons and entities required to file electronically.

All natural persons and entities required to register under this Act shall remit a single, annual, and nonrefundable $550 $300 registration fee. Each natural person required to register under this Act shall submit, on an annual basis, a picture of the registrant. A registrant may, in lieu of submitting a picture on an annual basis, authorize the Secretary of State to use any photo identification available in any database maintained by the Secretary of State for other purposes. Each registration fee collected for registrations on or after January 1, 2010 shall be deposited as follows: (1) $300 into the Lobbyist Registration Administration Fund for administration and enforcement of this Act; and (2) $250 into the Special Counsel Operations Fund.

(Source: P.A. 98-459, eff. 1-1-14.)

(25 ILCS 170/11) (from Ch. 63, par. 181)

Sec. 11. Enforcement.

(a) The Secretary of State Inspector General appointed under Section 14 of the Secretary of State Act shall initiate investigations of violations of this Act upon receipt of credible evidence of a violation. If, upon conclusion of an investigation, the Inspector General reasonably believes a violation of this Act has occurred, the Inspector General shall provide the alleged violator with written notification of the alleged violation. Within 30 calendar days after receipt of the notification, the alleged violator shall submit a written response to the Inspector General. The response shall indicate whether the alleged violator (i) disputes the alleged violation, including any facts that reasonably prove the alleged violation did not violate the Act, or (ii) agrees to take action to correct the alleged violation within 30 calendar days, including a description of the action the alleged violator has taken or will take to correct the alleged violation. If the alleged violator disputes the alleged violation or fails to respond to the notification of the alleged violation, the Inspector General shall transmit the evidence to the appropriate State's Attorney or Attorney General. If the alleged violator agrees to take action to correct the alleged violation, the Inspector General shall make available to the public the notification from the Inspector General and the response from the alleged violator and shall not transmit the evidence to the appropriate State's Attorney or Attorney General. Nothing in this Act requires the Inspector General to notify an alleged violator of an ongoing investigation or to notify the alleged violator of a referral of any evidence to a law enforcement agency, a State's Attorney, or the Attorney General pursuant to subsection (c).

(b) Any violation of this Act may be prosecuted in the county where the offense is committed or in Sangamon County. In addition to the State's Attorney of the appropriate county, the Attorney General of Illinois also is authorized to prosecute any violation of this Act.

(c) Notwithstanding any other provision of this Act, the Inspector General may at any time refer evidence of a violation of State or federal law, in addition to a violation of this Act, to the appropriate law enforcement agency, State's Attorney, or Attorney General.

(d) The Secretary of State, the Secretary of State Inspector General, or upon a request of a majority of the members of the Judiciary-Criminal Committee or the Judiciary-Civil Committee of the House of Representatives or the Criminal Law Committee or Judiciary Committee of the Senate or the unanimous vote of the minority members of the Judiciary-Criminal Committee or the Judiciary-Civil Committee of the House of Representatives or the Criminal Law Committee or Judiciary Committee of the Senate; provided that at least one member of the majority party also votes in favor of the request may refer to the Attorney General allegations of sexual assault and sexual harassment, as defined in Section 6.1 of the Attorney General Act, by a lobbyist registered under this Act and to determine whether violations of the Illinois Human Rights Act or the federal Civil Rights Act of 1964 have occurred. The Attorney General may appoint a Special Counsel under Section 6.1 of the Attorney General Act to investigate and prosecute the allegations.

(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)

Section 25. The State Finance Act is amended by adding Section 5.886 as follows:

(30 ILCS 105/5.886 new)

Sec. 5.886. The Special Counsel Operations Fund.

Section 30. The Statewide Grand Jury Act is amended by changing Sections 2, 3, and 4 and by adding Section 11 as follows:

(725 ILCS 215/2) (from Ch. 38, par. 1702)

Sec. 2. (a) County grand juries and State's Attorneys have always had and shall continue to have primary responsibility for investigating, indicting, and prosecuting persons who violate the criminal laws of the State of Illinois. However, in recent years organized terrorist activity directed against innocent civilians and certain criminal enterprises have developed that require investigation, indictment, and prosecution on a statewide or multicounty level. The criminal enterprises exist as a result of the allure of profitability present in narcotic activity, the unlawful sale and transfer of firearms, and streetgang related felonies and organized terrorist activity is supported by the contribution of money and expert assistance from geographically diverse sources. In order to shut off the life blood of terrorism and weaken or eliminate the criminal enterprises, assets, and property used to further these offenses must be frozen, and any profit must be removed. State statutes exist that can accomplish that goal. Among them are the offense of money laundering, the Cannabis and Controlled Substances Tax Act, violations of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012, the Narcotics Profit Forfeiture Act, and gunrunning. Local prosecutors need investigative personnel and specialized training to attack and eliminate these profits. In light of the transitory and complex nature of conduct that constitutes these criminal activities, the many diverse property interests that may be used, acquired directly or indirectly as a result of these criminal activities, and the many places that illegally obtained property may be located, it is the purpose of this Act to create a limited, multicounty Statewide Grand Jury with authority to investigate, indict, and prosecute: narcotic activity, including cannabis and controlled substance trafficking, narcotics racketeering, money laundering, violations of the Cannabis and Controlled Substances Tax Act, and violations of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012; the unlawful sale and transfer of firearms; gunrunning; and streetgang related felonies.

(a-5) Incidents of sexual harassment and sexual assault by members of the General Assembly and registered lobbyists are prevalent in this State. Because of the statewide importance of this issue and the extent of this conduct, a Statewide Grand Jury, upon referral from a Special Counsel appointed under Section 6.1 of the Attorney General Act, may investigate, indict, and prosecute violations of sexual assault, as defined in Section 6.1 of the Attorney General Act, or violations of Article 11 of the Criminal Code of 2012 by a member or members of the General Assembly or by a registered lobbyist or lobbyists, and may recommend that in the case of civil allegations of sexual harassment by a member of the General Assembly or a registered lobbyist under the Lobbyist Registration Act recommend that the Special Counsel pursue civil remedies, including the filing of a complaint with the Department of Human Rights.

(b) A Statewide Grand Jury may also investigate, indict, and prosecute violations facilitated by the use of a computer 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, child pornography, aggravated child pornography, or promoting juvenile prostitution except as described in subdivision (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

(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: Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012, the Illinois Controlled Substances Act, the Cannabis Control Act, the Methamphetamine Control and Community Protection 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 the Criminal Code of 2012; 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, child pornography, aggravated child pornography, or promoting juvenile prostitution except as described in subdivision (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012; 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; and

(c) For allegations of sexual assault, as defined in Section 6.1 of the Attorney General Act, or allegations of violations of Article 11 of the Criminal Code of 2012, by a member or members of the General Assembly or a lobbyist or lobbyists registered under the Lobbyist Registration Act.

"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. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

(725 ILCS 215/4) (from Ch. 38, par. 1704)

Sec. 4. (a) The presiding judge of the Statewide Grand Jury will receive recommendations from the Attorney General as to the county in which the Grand Jury will sit. Prior to making the recommendations, the Attorney General shall obtain the permission of the local State's Attorney to use his or her county for the site of the Statewide Grand Jury. Upon receiving the Attorney General's recommendations, the presiding judge will choose one of those recommended locations as the site where the Grand Jury shall sit.

Any indictment by a Statewide Grand Jury shall be returned to the Circuit Judge presiding over the Statewide Grand Jury and shall include a finding as to the county or counties in which the alleged offense was committed. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial. The judge may also, by order, direct the consolidation of an indictment returned by a county grand jury with an indictment returned by the Statewide Grand Jury and set venue for trial.

(b) Venue for purposes of trial for the offense of narcotics racketeering shall be proper in any county where:

(1) Cannabis or a controlled substance which is the basis for the charge of narcotics racketeering was used; acquired; transferred or distributed to, from or through; or any county where any act was performed to further the use; acquisition, transfer or distribution of said cannabis or controlled substance; or

(2) Any money, property, property interest, or any other asset generated by narcotics activities was acquired, used, sold, transferred or distributed to, from or through; or,

(3) Any enterprise interest obtained as a result of narcotics racketeering was acquired, used, transferred or distributed to, from or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise.

(c) Venue for purposes of trial for the offense of money laundering shall be proper in any county where any part of a financial transaction in criminally derived property took place, or in any county where any money or monetary interest which is the basis for the offense, was acquired, used, sold, transferred or distributed to, from, or through.

(d) A person who commits the offense of cannabis trafficking or controlled substance trafficking may be tried in any county.

(e) Venue for purposes of trial for any violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012 may be in the county in which an act of terrorism occurs, the county in which material support or resources are provided or solicited, the county in which criminal assistance is rendered, or any county in which any act in furtherance of any violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012 occurs.

(f) Venue for purposes of trial for allegations of sexual assault, as defined in Section 6.1 of the Attorney General Act, or allegations of violations of Article 11 of the Criminal Code of 2012, by a member of the General Assembly or lobbyist registered under the Lobbyist Registration Act, may be in the county in which the alleged act of sexual assault occurred.

(Source: P.A. 97-1150, eff. 1-25-13.)

(725 ILCS 215/11 new)

Sec. 11. Terms. As used in this Act, the term "Attorney General" shall include a Special Counsel appointed by the Attorney General under Section 6.1 of the Attorney General Act who acts under subsection (a-5) of Section 2 of this Act.