99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5519

 

Introduced , 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.


LRB099 18927 RLC 43315 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5519LRB099 18927 RLC 43315 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112-6 as follows:
 
6    (725 ILCS 5/112-6)  (from Ch. 38, par. 112-6)
7    Sec. 112-6. Secrecy of proceedings.) (a) Except as
8otherwise provided in subsection (b-5) of this Section, only
9Only the State's Attorney, his reporter and any other person
10authorized by the court or by law may attend the sessions of
11the Grand Jury. Except as otherwise provided in subsection
12(b-5) of this Section, only Only the grand jurors shall be
13present during the deliberations and vote of the Grand Jury. If
14no reporter is assigned by the State's Attorney to attend the
15sessions of the Grand Jury, the court shall appoint such
16reporter.
17    (b) Matters other than the deliberations and vote of any
18grand juror shall not be disclosed by the State's Attorney,
19except as otherwise provided for in subsections (b-5) and
20subsection (c) of this Section. The court may direct that a
21Bill of Indictment be kept secret until the defendant is in
22custody or has given bail and in either event the clerk shall
23seal the Bill of Indictment and no person shall disclose the

 

 

HB5519- 2 -LRB099 18927 RLC 43315 b

1finding of the Bill of Indictment except when necessary for the
2issuance and execution of a warrant.
3    (b-5) Grand Jury proceedings involving the investigation
4of the excessive use of force by a peace officer and the
5discharge of a firearm by a peace officer that result in death
6or any bodily harm are open to the public.
7    (c) (1) Disclosure otherwise prohibited by this Section of
8matters occurring before the Grand Jury, other than its
9deliberations and the vote of any grand juror, may be made to:
10    a. a State's Attorney for use in the performance of such
11State's Attorney's duty; and
12    b. such government personnel as are deemed necessary by the
13State's Attorney in the performance of such State's Attorney's
14duty to enforce State criminal law.
15    (2) Any person to whom matters are disclosed under
16paragraph (1) of this subsection (c) shall not use the Grand
17Jury material for any purpose other than assisting the State's
18Attorney in the performance of such State's Attorney's duty to
19enforce State criminal law. The State's Attorney shall promptly
20provide the court, before which was impaneled the Grand Jury
21whose material has been disclosed, with the names of the
22persons to whom such disclosure has been made.
23    (3) Disclosure otherwise prohibited by this Section of
24matters occurring before the Grand Jury may also be made when
25the court, preliminary to or in connection with a judicial
26proceeding, directs such in the interests of justice or when a

 

 

HB5519- 3 -LRB099 18927 RLC 43315 b

1law so directs.
2    (d) Any grand juror or officer of the court who discloses,
3other than to his attorney, matters occurring before the Grand
4Jury other than in accordance with the provisions of this
5Section subsection or Section 112-7 shall be punished as a
6contempt of court, subject to proceedings in accordance to law.
7    (e) As used in this Section:
8        "Excessive use of force" means force that is not
9    justified under Article 7 of the Criminal Code of 2012.
10        "Peace officer" has the meaning ascribed to it in
11    Section 2-13 of the Criminal Code of 2012.
12(Source: P.A. 85-690.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.