SB1466sam001 97TH GENERAL ASSEMBLY

Sen. Dale A. Righter

Filed: 4/11/2011

09700SB1466sam001 LRB097 07011 RLC 54296 a

AMENDMENT TO SENATE BILL 1466

AMENDMENT NO. ______. Amend Senate Bill 1466 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by adding Article 108C as follows:

(725 ILCS 5/Art. 108C heading new)

ARTICLE 108C. STATE'S ATTORNEY'S INVESTIGATIVE SUBPOENAS

(725 ILCS 5/108C-1 new)

Sec. 108C-1. State's Attorney's investigative subpoenas. In those counties without a sitting grand jury and at any time prior to the commencement of a prosecution, upon written application by the State's Attorney as provided in Section 108C-5, the circuit court shall cause the clerk of the court to issue subpoenas duces tecum directed to the sheriff or coroner of any county in this State for the purpose of obtaining any document or material relevant to a criminal matter being investigated by the State's Attorney. For the purposes of this Article 108C, a prosecution is commenced upon the filing of a complaint or information with the court or the return of a bill of indictment.

(725 ILCS 5/108C-5 new)

Sec. 108C-5. Application by the State's Attorney. The State's Attorney's application shall set forth the nature of the matter he or she is investigating and the relevancy of the documents or materials he or she is seeking to the investigation and certify that the documents or materials sought will be used solely in the exercise of the State's Attorney's duty to investigate.

(725 ILCS 5/108C-10 new)

Sec. 108C-10. Return of subpoenaed materials. Materials subpoenaed pursuant to this Article shall be returnable to the circuit court for the purpose of an in camera inspection prior to the delivery of the materials to the State's Attorney, unless the court specifically finds that no issues of relevance, privilege, or materiality precludes their return directly to the State's Attorney. Rulings on relevance, materiality, and privilege shall be governed by the rules applicable to proceedings before the grand jury and not by the rules of evidence applicable at trial.

(725 ILCS 5/108C-15 new)

Sec. 108C-15. Secrecy of subpoenas.

(a) No person, except as provided in this Section, may disclose the existence of a subpoena issued or materials obtained pursuant to this Article. Disclosure may be made to:

(1) a State's Attorney for use in such State's Attorney's duty; and

(2) an attorney representing a person or other entity subpoenaed; and

(3) such government personnel as are deemed necessary by the State's Attorney in the performance of such State's Attorney's duty to investigate criminal conduct and enforce State criminal law.

(b) Any person to whom matters are disclosed under this Section shall not use the subpoenaed material for any purpose other than assisting the State's Attorney in the performance of such State's Attorney's duty to investigate criminal conduct and enforce the law. The State's Attorney shall promptly provide the court with the names of the persons to whom such disclosure has been made.

(c) Disclosure otherwise prohibited by this Section may also be made when the court directs such in the interest of justice.

(d) Any person who discloses, other than to his or her attorney, matters occurring before the issuing court, other than in accordance with the provisions of this Section, shall be punished as a contempt of court, subject to proceedings in accordance to law.

(e) Any investigative subpoena, documents, or other materials obtained pursuant to this Article shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Article.

(725 ILCS 5/108C-20 new)

Sec. 108C-20. Record of proceedings. Any proceeding related to the issuance or enforceability of a subpoena issued pursuant to this Article, or to the disclosure of information obtained from such subpoena, shall take place in camera and in the presence of the State's Attorney, and at the party's request, the party subpoenaed and his or her counsel, and a court reporter who shall transcribe the proceedings. Except for the State's Attorney's copy, such transcripts shall be sealed and in the event a prosecution is commenced, the transcript shall be disclosed to the accused as provided by law.

(725 ILCS 5/108C-25 new)

Sec. 108C-25. Duties of others. The clerk of the court shall keep records of subpoenas issued pursuant to this Article as may be prescribed by the Rules of the Supreme Court.

(725 ILCS 5/108C-30 new)

Sec. 108C-30. Destroyed documents or materials. When documents or materials that are the subject of a subpoena issued pursuant to this Article have been destroyed or withheld, in addition to criminal prosecution, any person responsible for such conduct shall be punished as a contempt of court subject to proceedings in accordance with law.

(725 ILCS 5/108C-35 new)

Sec. 108C-35. "Person" defined. As used in this Article, "person" means an individual, public or private corporation, government or any subdivision of government, partnership, or unincorporated association.

(725 ILCS 5/108C-40 new)

Sec. 108C-40. Training sessions. The Office of the State's Attorneys Appellate Prosecutor, in cooperation with the Illinois State's Attorney Association, shall regularly provide a course of training to the State's Attorneys in the legal, ethical, and practical aspects of the provisions of this Article relating to investigation and prosecutorial functions.

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