102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3230

 

Introduced 2/19/2021, 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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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.)
8    (a) Except as otherwise provided in subsection (b-5) of
9this Section, only Only the State's Attorney, his or her
10reporter, and any other person authorized by the court or by
11law may attend the sessions of the Grand Jury. Except as
12otherwise provided in subsection (b-5) of this Section, only
13Only the grand jurors shall be present during the
14deliberations and vote of the Grand Jury. If no reporter is
15assigned by the State's Attorney to attend the sessions of the
16Grand Jury, the court shall appoint such reporter.
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). The court may direct that a Bill of Indictment
21be kept secret until the defendant is in custody or has given
22bail and in either event the clerk shall seal the Bill of
23Indictment and no person shall disclose the finding of the

 

 

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1Bill of Indictment except when necessary for the issuance and
2execution 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
13the State's Attorney in the performance of such State's
14Attorney's duty 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
20promptly provide the court, before which was impaneled the
21Grand Jury whose material has been disclosed, with the names
22of the persons 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

 

 

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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
7law.
8    (e) In this Section:
9        "Excessive use of force" means force that is not
10    justified under Article 7 of the Criminal Code of 2012.
11        "Peace officer" has the meaning ascribed to it in
12    Section 2-13 of the Criminal Code of 2012.
13(Source: P.A. 85-690.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.