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91_HB4279enr
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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