HB3694 103RD GENERAL ASSEMBLY

LRB103 29440 RLC 55832 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3694

Introduced 2/17/2023, by Rep. Camille Y. Lilly

SYNOPSIS AS INTRODUCED:

725 ILCS 5/112-6

from Ch. 38, par. 112-6

Amends the Code of Criminal Procedure of 1963. Provides that grand jury proceedings involving the investigation of the excessive use of force by a peace officer and the discharge of a firearm by a peace officer that result in death or any bodily harm are open to the public. Defines "excessive use of force" and "peace officer". Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 112-6 as follows:

(725 ILCS 5/112-6) (from Ch. 38, par. 112-6)

Sec. 112-6. Secrecy of proceedings.)

(a) Except as otherwise provided in subsection (b-5) of this Section, only Only the State's Attorney, his or her reporter, and any other person authorized by the court or by law may attend the sessions of the Grand Jury. Except as otherwise provided in subsection (b-5) of this Section, only Only the grand jurors shall be present during the deliberations and vote of the Grand Jury. If no reporter is assigned by the State's Attorney to attend the sessions of the Grand Jury, the court shall appoint such reporter.

(b) Matters other than the deliberations and vote of any grand juror shall not be disclosed by the State's Attorney, except as otherwise provided for in subsections (b-5) and subsection (c). The court may direct that a Bill of Indictment be kept secret until the defendant is in custody or has given bail and in either event the clerk shall seal the Bill of Indictment and no person shall disclose the finding of the Bill of Indictment except when necessary for the issuance and execution of a warrant.

(b-5) Grand Jury proceedings involving the investigation of the excessive use of force by a peace officer and the discharge of a firearm by a peace officer that result in death or any bodily harm are open to the public.

(c) (1) Disclosure otherwise prohibited by this Section of matters occurring before the Grand Jury, other than its deliberations and the vote of any grand juror, may be made to:

a. a State's Attorney for use in the performance of such State's Attorney's duty; and

b. such government personnel as are deemed necessary by the State's Attorney in the performance of such State's Attorney's duty to enforce State criminal law.

(2) Any person to whom matters are disclosed under paragraph (1) of this subsection (c) shall not use the Grand Jury material for any purpose other than assisting the State's Attorney in the performance of such State's Attorney's duty to enforce State criminal law. The State's Attorney shall promptly provide the court, before which was impaneled the Grand Jury whose material has been disclosed, with the names of the persons to whom such disclosure has been made.

(3) Disclosure otherwise prohibited by this Section of matters occurring before the Grand Jury may also be made when the court, preliminary to or in connection with a judicial proceeding, directs such in the interests of justice or when a law so directs.

(d) Any grand juror or officer of the court who discloses, other than to his attorney, matters occurring before the Grand Jury other than in accordance with the provisions of this Section subsection or Section 112-7 shall be punished as a contempt of court, subject to proceedings in accordance to law.

(e) In this Section:

"Excessive use of force" means force that is not justified under Article 7 of the Criminal Code of 2012.

"Peace officer" has the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012.

(Source: P.A. 85-690.)

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