093_SB1785sam001

 










                                     LRB093 08648 LCB 12410 a

 1                    AMENDMENT TO SENATE BILL 1785

 2        AMENDMENT NO.     .  Amend Senate Bill 1785 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Whistleblower Reward and Protection Act
 5    is amended by changing Section 6 as follows:

 6        (740 ILCS 175/6) (from Ch. 127, par. 4106)
 7        Sec. 6.  Subpoenas.  Civil investigative demands.
 8        (a)  In general.
 9             (1)  Issuance and service.   Whenever  the  Attorney
10        General  has  reason to believe that any person may be in
11        possession,  custody,  or  control  of  any   documentary
12        material or information relevant to an investigation, the
13        Attorney   General   may,   before   commencing  a  civil
14        proceeding under this Act, issue in writing and cause  to
15        be   served   upon   such   person,   a   subpoena  civil
16        investigative demand requiring such person:
17                  (A)  to produce such documentary  material  for
18             inspection and copying,
19                  (B)  to    answer,    in    writing,    written
20             interrogatories  with  respect  to  such documentary
21             material or information,
22                  (C)  to give  oral  testimony  concerning  such
 
                            -2-      LRB093 08648 LCB 12410 a
 1             documentary material or information, or
 2                  (D)  to   furnish   any   combination  of  such
 3             material, answers, or testimony.
 4        The Attorney General may shall delegate the authority  to
 5        issue  subpoenas  civil  investigative demands under this
 6        subsection (a) to the Department of State Police  subject
 7        to conditions as the Attorney General deems appropriate.
 8        Whenever  a  subpoena  civil  investigative  demand is an
 9        express demand for any product of discovery, the Attorney
10        General or his or her  delegate,  an  Assistant  Attorney
11        General or the delegate of the Department of State Police
12        shall  cause  to  be  served, in any manner authorized by
13        this Section, a copy of such demand upon the person  from
14        whom  the  discovery  was  obtained  and shall notify the
15        person to whom such demand is issued of the date on which
16        such copy was served.
17             (2)  Contents  and  deadlines.   (A)  Each  subpoena
18        civil investigative demand issued under paragraph (1):
19                  (A)  Shall state  the  nature  of  the  conduct
20             constituting  an  alleged  violation  that  is under
21             investigation and the applicable  provision  of  law
22             alleged to be violated.
23                  (B)  Shall  identify the individual causing the
24             subpoena to be served  and  to  whom  communications
25             regarding the subpoena should be directed.
26                  (C)  Shall  state  the date, place, and time at
27             which the person  is  required  to  appear,  produce
28             written    answers   to   interrogatories,   produce
29             documentary material or  give  oral  testimony.  The
30             date shall not be less than 10 days from the date of
31             service   of   the  subpoena.  Compliance  with  the
32             subpoena shall be at  the  Office  of  the  Attorney
33             General   in   either  the  Springfield  or  Chicago
34             location or at other location by agreement.
 
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 1                  (D)  If  the  subpoena   is   for   documentary
 2             material  or  interrogatories,  shall  describe  the
 3             documents or information requested with specificity.
 4                  (E)  Shall notify the person of the right to be
 5             assisted by counsel.
 6                  (F)  Shall  advise  that the person has 20 days
 7             from the date of service or up until the return date
 8             specified in the demand, whichever date is  earlier,
 9             to  move, modify, or set aside the subpoena pursuant
10             to subparagraph (j)(2)(A)  of  this  Section.  shall
11             state  the  nature  of  the conduct constituting and
12             alleged violation which is under investigation,  and
13             the  applicable  provision  of  law  alleged  to  be
14             violated.
15                  (B)  If  such  demand  is for the production of
16             documentary material, the demand shall:
17                       (i)  describe each  class  of  documentary
18                  material  to be produced with such definiteness
19                  and certainty as to permit such material to  be
20                  fairly identified;
21                       (ii)  prescribe  a  return  date  for each
22                  such class  which  will  provide  a  reasonable
23                  period  of  time  within  which the material so
24                  demanded may be assembled  and  made  available
25                  for inspection and copying; and
26                       (iii)  identify  the  investigator to whom
27                  such material shall be made available.
28                  (C)  If such demand is for answers  to  written
29             interrogatories, the demand shall:
30                       (i)  set   forth   with   specificity  the
31                  written interrogatories to be answered;
32                       (ii)  prescribe  dates   at   which   time
33                  answers  to  written  interrogatories  shall be
34                  submitted; and
 
                            -4-      LRB093 08648 LCB 12410 a
 1                       (iii)  identify the investigator  to  whom
 2                  such answers shall be submitted.
 3                  (D)  If  such  demand is for the giving of oral
 4             testimony, the demand shall:
 5                       (i)  prescribe a date, time, and place  at
 6                  which oral testimony shall be commenced;
 7                       (ii)  identify  an  investigator who shall
 8                  conduct the examination and  the  custodian  to
 9                  whom  the  transcript of such examination shall
10                  be submitted;
11                       (iii)  specify that  such  attendance  and
12                  testimony  are  necessary to the conduct of the
13                  investigation;
14                       (iv)  notify  the  person  receiving   the
15                  demand  of  the  right  to be accompanied by an
16                  attorney and any other representative; and
17                       (v)  describe  the  general  purpose   for
18                  which  the  demand  is  being  issued  and  the
19                  general  nature of the testimony, including the
20                  primary areas of inquiry, which will  be  taken
21                  pursuant to the demand.
22                  (E)  Any   civil  investigative  demand  issued
23             under this Section which is an  express  demand  for
24             any  product  of  discovery shall not be returned or
25             returnable until 20 days after a copy of such demand
26             has been  served  upon  the  person  from  whom  the
27             discovery was obtained.
28                  (F)  The  date  prescribed for the commencement
29             of oral testimony pursuant to a civil  investigative
30             demand  issued  under  this  Section shall be a date
31             which is not less than 7  days  after  the  date  on
32             which   demand  is  received,  unless  the  Attorney
33             General or an Assistant Attorney General  designated
34             by  the  Attorney  General  or  the  delegate of the
 
                            -5-      LRB093 08648 LCB 12410 a
 1             Department   of   State   Police   determines   that
 2             exceptional circumstances are present which  warrant
 3             the  commencement  of such testimony within a lesser
 4             period of time.
 5                  (G)  The Attorney General or  the  delegate  of
 6             the  Department  of State Police shall not authorize
 7             the issuance under this Section  of  more  than  one
 8             civil investigative demand for oral testimony by the
 9             same  person unless the person requests otherwise or
10             unless the Attorney General or the delegate  of  the
11             Department  of  State  Police,  after investigation,
12             notifies that person in writing that  an  additional
13             demand   for   oral  testimony  is  necessary.   The
14             Attorney General shall authorize the performance  by
15             the  delegate  of  the Department of State Police of
16             any function vested in the  Attorney  General  under
17             this subparagraph (G).
18        (b)  Protected material or information.
19             (1)  In  general.   A  subpoena  civil investigative
20        demand issued under subsection (a) may  not  require  the
21        production of any documentary material, the submission of
22        any  answers to written interrogatories, or the giving of
23        any   oral   testimony  if  such  material,  answers,  or
24        testimony would be protected from disclosure under:
25                  (A)  the standards applicable to  subpoenas  or
26             subpoenas  duces  tecum  issued  by  a court of this
27             State to aid in a grand jury investigation; or
28                  (B)  the  standards  applicable  to   discovery
29             requests  under  the Code of Civil Procedure, to the
30             extent that the application of such standards to any
31             such subpoena demand is appropriate  and  consistent
32             with the provisions and purposes of this Section.
33             (2)  Effect  on  other orders, rules, and laws.  Any
34        such subpoena demand which is an express demand  for  any
 
                            -6-      LRB093 08648 LCB 12410 a
 1        product  of  discovery supersedes any inconsistent order,
 2        rule, or provision  of  law  (other  than  this  Section)
 3        preventing  or  restraining disclosure of such product of
 4        discovery to any person. Disclosure  of  any  product  of
 5        discovery  pursuant  to  any such subpoena express demand
 6        does not constitute a waiver of any  right  or  privilege
 7        which  the  person making such disclosure may be entitled
 8        to  invoke  to  resist  discovery  of  trial  preparation
 9        materials.
10        (c)  Service  in  general;  jurisdiction.   (1)  By  whom
11    served. Any subpoena civil investigative demand issued  under
12    subsection  (a)  may be served by any person so authorized by
13    the Attorney  General  an  investigator,  or  by  any  person
14    authorized  to  serve process on individuals within Illinois,
15    through any method prescribed in the Code of Civil  Procedure
16    or as otherwise set forth in this Act.
17             (2)  Service  in  foreign countries. Any such demand
18        or any petition filed under subsection (j) may be  served
19        upon  any person who is not found within Illinois in such
20        manner as the Code  of  Civil  Procedure  prescribes  for
21        service  of  process outside Illinois. To the extent that
22        the courts of this State can assert jurisdiction over any
23        such  person consistent with due process, the  courts  of
24        this  State  shall have the same jurisdiction to take any
25        action respecting compliance with  this  Section  by  any
26        such  person  that  such  court would have if such person
27        were personally within the jurisdiction of such court.
28        (d)  Service upon legal entities and natural persons.
29             (1)  Legal entities.  Service of any subpoena  civil
30        investigative  demand  issued  under subsection (a) or of
31        any petition filed under subsection (j) may be made  upon
32        a  partnership,  corporation, association, or other legal
33        entity by:
34                  (A)  delivering  an  executed  copy   of   such
 
                            -7-      LRB093 08648 LCB 12410 a
 1             subpoena   demand   or   petition  to  any  partner,
 2             executive officer, managing agent, general agent, or
 3             registered agent of  the  partnership,  corporation,
 4             association or entity;
 5                  (B)  delivering   an   executed  copy  of  such
 6             subpoena demand or petition to the principal  office
 7             or   place   of   business   of   the   partnership,
 8             corporation, association, or entity; or
 9                  (C)  depositing   an   executed  copy  of  such
10             subpoena demand or petition  in  the  United  States
11             mails by registered or certified mail, with a return
12             receipt  requested,  addressed  to such partnership,
13             corporation, association, or entity as its principal
14             office or place of business.
15             (2)  Natural person. Service of  any  such  subpoena
16        demand  or  petition  may be made upon any natural person
17        by:
18                  (A)  delivering  an  executed  copy   of   such
19             subpoena demand or petition to the person; or
20                  (B)  depositing   an   executed  copy  of  such
21             subpoena demand or petition  in  the  United  States
22             mails by registered or certified mail, with a return
23             receipt  requested,  addressed  to the person at the
24             person's residence or principal office or  place  of
25             business.
26        (e)  Proof   of   service.   A  verified  return  by  the
27    individual serving any subpoena  civil  investigative  demand
28    issued  under  subsection  (a)  or  any  petition filed under
29    subsection (j) setting forth the manner of such service shall
30    be  proof  of  such  service.  In  the  case  of  service  by
31    registered  or  certified  mail,   such   return   shall   be
32    accompanied  by the return post office receipt of delivery of
33    such subpoena demand.
34        (f)  Documentary material.
 
                            -8-      LRB093 08648 LCB 12410 a
 1             (1)  Sworn   certificates.    The   production    of
 2        documentary  material  in  response  to  a subpoena civil
 3        investigative demand served under this Section  shall  be
 4        made  under  a  sworn  certificate,  in  such form as the
 5        subpoena demand designates, by:
 6                  (A)  in the  case  of  a  natural  person,  the
 7             person to whom the subpoena demand is directed, or
 8                  (B)  in  the  case  of  a  person  other than a
 9             natural person, a person  having  knowledge  of  the
10             facts  and circumstances relating to such production
11             and authorized to act on behalf of such person.
12        The certificate shall state that all of  the  documentary
13        material  required  by  the demand and in the possession,
14        custody, or control of the person to  whom  the  subpoena
15        demand  is  directed has been produced and made available
16        to the Attorney General investigator  identified  in  the
17        demand.
18             (2)  Production  of  materials. Any person upon whom
19        any  subpoena  civil   investigative   demand   for   the
20        production  of documentary material has been served under
21        this Section  shall  make  such  material  available  for
22        inspection   and   copying   to   the   Attorney  General
23        investigator identified  in  such  demand  at  the  place
24        designated in the subpoena principal place of business of
25        such  person,  or  at  such  other  place as the Attorney
26        General investigator and the person thereafter may  agree
27        and  prescribe  in  writing,  or  as the court may direct
28        under subsection (j)(1).  Such material shall be made  so
29        available  on  the return date specified in such subpoena
30        demand, or on such later date  as  the  Attorney  General
31        investigator  may prescribe in writing.  Such person may,
32        upon  written  agreement  between  the  person  and   the
33        Attorney  General  investigator,  substitute  copies  for
34        originals of all or any part of such material.
 
                            -9-      LRB093 08648 LCB 12410 a
 1        (g)  Interrogatories.   Each  interrogatory in a subpoena
 2    civil investigative demand served under this Section shall be
 3    answered separately and fully in writing under oath and shall
 4    be submitted under a sworn certificate, in such form  as  the
 5    subpoena demand designates by:
 6             (1)  in  the case of a natural person, the person to
 7        whom the subpoena demand is directed, or
 8             (2)  in the case of a person other  than  a  natural
 9        person,  the  person or persons responsible for answering
10        each interrogatory.
11    If any interrogatory is objected  to,  the  reasons  for  the
12    objection  shall  be  stated in the certificate instead of an
13    answer.  The certificate shall  state  that  all  information
14    required  by  the  subpoena  demand  and  in  the possession,
15    custody, control, or knowledge of  the  person  to  whom  the
16    demand  is  directed  has been submitted.  To the extent that
17    any information is not furnished, the  information  shall  be
18    identified and reasons set forth with particularity regarding
19    the reasons why the information was not furnished.
20        (h)  Oral examinations.
21             (1)  Procedures.   The  examination  of  any  person
22        pursuant  to  a  subpoena  civil investigative demand for
23        oral testimony served under this Section shall  be  taken
24        before  an  officer  authorized  to  administer oaths and
25        affirmations by the laws of this State or  of  the  place
26        where  the  examination is held.  The officer before whom
27        the testimony is to be taken shall  put  the  witness  on
28        oath  or  affirmation and shall, personally or by someone
29        acting under the direction of  the  officer  and  in  the
30        officer's  presence, record the testimony of the witness.
31        The testimony shall be taken stenographically  and  shall
32        be transcribed.  When the testimony is fully transcribed,
33        the  officer  before  whom  the  testimony is taken shall
34        promptly transmit a certified copy of the  transcript  of
 
                            -10-     LRB093 08648 LCB 12410 a
 1        the  testimony in accordance with the instructions of the
 2        Attorney General to the custodian.  This subsection shall
 3        not  preclude  the  taking  of  testimony  by  any  means
 4        authorized by, and in a manner consistent with, the  Code
 5        of Civil Procedure.
 6             (2)  Persons  present.   The  Attorney  General  may
 7        investigator  conducting  the  examination  shall exclude
 8        from the place where the examination is held all  persons
 9        except  the person giving the testimony, the attorney for
10        the person and any other  representative  of  the  person
11        giving  the  testimony,  the  attorney for the State, any
12        person who may be agreed upon by  the  attorney  for  the
13        State  and  the  person giving the testimony, the officer
14        before whom the testimony is to be taken, and  any  other
15        persons  as the Attorney General determines are necessary
16        for enforcement  of  the  laws  of  this  State  and  any
17        stenographer taking such testimony.
18             (3)  Where  testimony  taken.  The oral testimony of
19        any  person  taken   pursuant   to   a   subpoena   civil
20        investigative  demand  served under this Section shall be
21        taken at the place designated  in  the  subpoena  in  the
22        county  within  which  such  person resides, is found, or
23        transacts business, or in such  other  place  as  may  be
24        agreed   upon   by   the  Attorney  General  investigator
25        conducting the examination and such person.
26             (4)  Transcript of testimony.  When the testimony is
27        fully transcribed, the Attorney General  investigator  or
28        the  officer  before  whom  the  testimony is taken shall
29        afford the witness, who may be accompanied by counsel,  a
30        reasonable  opportunity to review and correct examine and
31        read  the  transcript,  in  accordance  with  the   rules
32        applicable  to  deposition witnesses in civil cases. Upon
33        payment of reasonable charges, the Attorney General shall
34        furnish a copy of the transcript to the  witness,  except
 
                            -11-     LRB093 08648 LCB 12410 a
 1        that  the Attorney General may, for good cause, limit the
 2        witness to inspection of the official transcript  of  the
 3        witness'  testimony.  unless such examination and reading
 4        are waived by  the  witness.   Any  changes  in  form  or
 5        substance  which  the  witness  desires  to make shall be
 6        entered and identified upon the transcript by the officer
 7        or the investigator, with  a  statement  of  the  reasons
 8        given  by  the  witness  for  making  such  changes.  The
 9        transcript shall then be signed by  the  witness,  unless
10        the witness in writing waives the signing, is ill, cannot
11        be  found,  or refuses to sign.  If the transcript is not
12        signed by the witness within 30 days after being afforded
13        a reasonable opportunity to examine it,  the  officer  of
14        investigator  shall  sign  it and state on the record the
15        fact of the waiver, illness, absence of the  witness,  or
16        the  refusal  to sign, together with the reasons, if any,
17        given therefor.
18             (5)  Certification and delivery to  custodian.   The
19        officer  before whom the testimony is taken shall certify
20        on the transcript that  the  witness  was  sworn  by  the
21        officer  and  that the transcript is a true record of the
22        testimony given  by  the  witness,  and  the  officer  or
23        investigator  shall  promptly  deliver the transcript, or
24        send the transcript by registered or certified  mail,  to
25        the custodian.
26             (6)  Furnishing   or  inspection  of  transcript  by
27        witness. Upon payment of reasonable charges therefor, the
28        investigator shall furnish a copy of  the  transcript  to
29        the  witness  only,  except that the Attorney General, an
30        Assistant Attorney General or employee of the  Department
31        of  State  Police may, for good cause, limit such witness
32        to inspection of the official transcript of the  witness'
33        testimony.
34             (5) (7)  Conduct of oral testimony.
 
                            -12-     LRB093 08648 LCB 12410 a
 1                  (A)  Any  person  compelled  to appear for oral
 2             testimony  under  a  subpoena  civil   investigative
 3             demand   issued   under   subsection   (a)   may  be
 4             accompanied, represented, and  advised  by  counsel,
 5             who   may  raise  objections  based  on  matters  of
 6             privilege in accordance with the rules applicable to
 7             depositions in civil cases. Counsel may advise  such
 8             person,  in confidence, with respect to any question
 9             asked of such person. Such  person  or  counsel  may
10             object on the record to any question, in whole or in
11             part,  and  shall  briefly  state for the record the
12             reason for the objection. An objection may be  made,
13             received,  and  entered  upon  the record when it is
14             claimed that such person is entitled  to  refuse  to
15             answer   the   question   on   the  grounds  of  any
16             constitutional or other legal  right  or  privilege,
17             including  the privilege against self-incrimination.
18             If such person refuses to  answer  any  question,  a
19             petition   may  be  filed  in  circuit  court  under
20             subsection  (j)(1)  for  an  order  compelling  such
21             person to answer such question.
22                  (B)  If such person refuses any question on the
23             grounds of the privilege against self-incrimination,
24             the testimony of such person  may  be  compelled  in
25             accordance  with Article 106 of the Code of Criminal
26             Procedure of 1963.
27             (6) (8)  Witness fees  and  allowances.  Any  person
28        appearing  for  oral  testimony  under  a  subpoena civil
29        investigative demand issued under subsection (a) shall be
30        entitled to the same fees and allowances which  are  paid
31        to witnesses in the circuit court.
32        (i)  Custodians of documents, answers, and transcripts.
33             (1)  Designation. The Attorney General or his or her
34        delegate  shall  designate the Department of State Police
 
                            -13-     LRB093 08648 LCB 12410 a
 1        to serve as custodian of documentary material, answers to
 2        interrogatories,  and  transcripts  of   oral   testimony
 3        received   under   this   Section.  and  shall  designate
 4        additional employees of the Department of State Police as
 5        the Attorney General determines from time to time  to  be
 6        necessary to serve as deputies to the custodian.
 7             (2)  Responsibility for materials; disclosure.
 8                  (A)  An    investigator    who   receives   any
 9             documentary material, answers to interrogatories, or
10             transcripts of oral  testimony  under  this  Section
11             shall  transmit them to the custodian. The custodian
12             shall take physical  possession  of  such  material,
13             answers, or transcripts and shall be responsible for
14             the   use  made  of  them  and  for  the  return  of
15             documentary material under paragraph (4).
16                  (B)  The custodian may cause the preparation of
17             such copies of such documentary material, answers to
18             interrogatories, or transcripts of oral testimony as
19             may  be   required   for   official   use   by   any
20             investigator,  or  other  officer or employee of the
21             Attorney General or employee of  the  Department  of
22             State  Police  who  is authorized for such use under
23             regulations which the Attorney General shall  issue.
24             Such  material, answers, and transcripts may be used
25             by any such authorized investigator or other officer
26             or employee in connection with the  taking  of  oral
27             testimony under this Section.
28             (2)   (C)  Except  as  otherwise  provided  in  this
29        Section subsection (i), no documentary material,  answers
30        to  interrogatories, or transcripts of oral testimony, or
31        copies thereof, while in the possession of the custodian,
32        shall be available for  examination  by  any  individual,
33        except  as  determined  necessary by the Attorney General
34        and subject to the conditions imposed by him or  her  for
 
                            -14-     LRB093 08648 LCB 12410 a
 1        effective  enforcement  of  the laws of this State, or as
 2        otherwise  provided  by  court  order.  other   than   an
 3        investigator or other officer or employee of the Attorney
 4        General  or  employee  of  the Department of State Police
 5        authorized under subparagraph (B). The prohibition in the
 6        preceding  sentence  on  the  availability  of  material,
 7        answers, or transcripts shall not  apply  if  consent  is
 8        given  by the person who produced such material, answers,
 9        or transcripts,  or,  in  the  case  of  any  product  of
10        discovery produced pursuant to an express demand for such
11        material,  consent  is  given by the person from whom the
12        discovery was obtained. Nothing in this  subparagraph  is
13        intended  to  prevent disclosure to the General Assembly,
14        including any committee or subcommittee  of  the  General
15        Assembly,  or  to  any other State agency for use by such
16        agency in furtherance of its statutory  responsibilities.
17        Disclosure  of information to any such other agency shall
18        be allowed only upon application, made  by  the  Attorney
19        General  to a circuit court, showing substantial need for
20        the use of the information by such agency in  furtherance
21        of its statutory responsibilities.
22                  (D)  While  in  the possession of the custodian
23             and under such reasonable terms  and  conditions  as
24             the Attorney General shall prescribe:
25                       (i)  documentary  material  and answers to
26                  interrogatories   shall   be   available    for
27                  examination  by  the  person  who produced such
28                  material or answers, or by a representative for
29                  that  person  authorized  by  that  person   to
30                  examine such material and answers; and
31                       (ii)  transcripts  of oral testimony shall
32                  be available for examination by the person  who
33                  produced such testimony, or by a representative
34                  of  that  person  authorized  by that person to
 
                            -15-     LRB093 08648 LCB 12410 a
 1                  examine such transcripts.
 2             (3)  Use of material,  answers,  or  transcripts  in
 3        other proceedings. Whenever any attorney of the office of
 4        the   Attorney   General,  or  State's  Attorney  upon  a
 5        referral, has been designated to appear before any court,
 6        grand jury, or State agency in any  case  or  proceeding,
 7        the  custodian  of  any  documentary material, answers to
 8        interrogatories,  or  transcripts   of   oral   testimony
 9        received  under this Section may deliver to such attorney
10        such material, answers, or transcripts for  official  use
11        in  connection  with  any such case or proceeding as such
12        attorney determines to be required.  Upon the  completion
13        of  any  such  case  or  proceeding,  such attorney shall
14        return to the custodian any such  material,  answers,  or
15        transcripts  so  delivered which have not passed into the
16        control of such court,  grand  jury,  or  agency  through
17        introduction into the record of such case or proceeding.
18             (3)  (4)  Conditions for return of material.  If any
19        documentary material has been produced by any  person  in
20        the  course  of  any investigation pursuant to a subpoena
21        civil investigative demand under this Section and:
22                  (A)  any case or proceeding before the court or
23             grand jury arising out of such investigation, or any
24             proceeding before any State  agency  involving  such
25             material, has been completed, or
26                  (B)  no   case  or  proceeding  in  which  such
27             material may be used has  been  commenced  within  a
28             reasonable  time after completion of the examination
29             and analysis of all documentary material  and  other
30             information   assembled   in   the  course  of  such
31             investigation,
32        the custodian shall, upon written request of  the  person
33        who  produced  such  material,  return to such person any
34        such  material  (other  than  copies  furnished  to   the
 
                            -16-     LRB093 08648 LCB 12410 a
 1        investigator  under  subsection  (f)(2)  or  made for the
 2        Attorney General or employee of the Department  of  State
 3        Police  under paragraph (2)(B)) which has not passed into
 4        the control of any court, grand jury, or  agency  through
 5        introduction into the record of such case or proceeding.
 6             (5)  Appointment  of  successor  custodians.  In the
 7        event  of  the  death,  disability,  or  separation  from
 8        service  in  the  Department  of  State  Police  of   the
 9        custodian   of   any  documentary  material,  answers  to
10        interrogatories,  or  transcripts   of   oral   testimony
11        produced  pursuant  to a civil investigative demand under
12        this Section, or in the event of the official  relief  of
13        such  custodian  from  responsibility for the custody and
14        control of such material, answers,  or  transcripts,  the
15        Attorney General shall promptly:
16                  (A)  designate    another   employee   of   the
17             Department of State Police to serve as custodian  of
18             such material, answers, or transcripts, and
19                  (B)  transmit  in  writing  to  the  person who
20             produced such material, answers, or testimony notice
21             of the identity and  address  of  the  successor  so
22             designated.
23        Any person who is designated to be a successor under this
24        paragraph  (5)  shall have, with regard to such material,
25        answers,   or   transcripts,   the   same   duties    and
26        responsibilities  as  were  imposed  by this Section upon
27        that person's predecessor  in  office,  except  that  the
28        successor  shall  not be held responsible for any default
29        or dereliction which occurred before that designation.
30        (j)  Judicial proceedings.
31             (1)  Petition for enforcement. Whenever  any  person
32        fails  to  comply  with  any subpoena civil investigative
33        demand  issued  under   subsection   (a),   or   whenever
34        satisfactory  copying  or  reproduction  of  any material
 
                            -17-     LRB093 08648 LCB 12410 a
 1        requested in such demand cannot be done and  such  person
 2        refuses  to surrender such material, the Attorney General
 3        may file, in the circuit court of  any  county  in  which
 4        such  person resides, is found, or transacts business, or
 5        the circuit court of the county in which an action  filed
 6        pursuant  to  Section  4  of  this  Act is pending if the
 7        action relates to the subject matter of the subpoena  and
 8        serve  upon  such  person a petition for an order of such
 9        court  for  the  enforcement  of   the   subpoena   civil
10        investigative demand.
11             (2)  Petition   to  modify  or  set  aside  subpoena
12        demand.
13                  (A)  Any person who  has  received  a  subpoena
14             civil  investigative  demand issued under subsection
15             (a) may file, in the circuit  court  of  any  county
16             within  which  such  person  resides,  is  found, or
17             transacts business,  and  serve  upon  the  Attorney
18             General  investigator  identified  in  such demand a
19             petition for an order of the court to modify or  set
20             aside  such  subpoena  demand.  In  the  case  of  a
21             petition  addressed  to  an  express  demand for any
22             product of discovery, a petition to  modify  or  set
23             aside such demand may be brought only in the circuit
24             court of the county in which the proceeding in which
25             such  discovery was obtained is or was last pending.
26             Any petition under this  subparagraph  (A)  must  be
27             filed:
28                       (i)  within  20  days  after  the  date of
29                  service of  the  subpoena  civil  investigative
30                  demand,  or  at any time before the return date
31                  specified in  the  subpoena  demand,  whichever
32                  date is earlier, or
33                       (ii)  within  such longer period as may be
34                  prescribed in writing by the  Attorney  General
 
                            -18-     LRB093 08648 LCB 12410 a
 1                  any investigator identified in the demand.
 2                  (B)  The  petition  shall  specify  each ground
 3             upon which the petitioner relies in  seeking  relief
 4             under  subparagraph  (A),  and may be based upon any
 5             failure of the subpoena demand to  comply  with  the
 6             provisions    of    this   Section   or   upon   any
 7             constitutional or other legal right or privilege  of
 8             such  person. During the pendency of the petition in
 9             the court, the court may stay, as it  deems  proper,
10             the  running of the time allowed for compliance with
11             the subpoena demand, in whole  or  in  part,  except
12             that  the  person  filing  the petition shall comply
13             with any portion of the subpoena demand  not  sought
14             to be modified or set aside.
15             (3)  Petition  to  modify  or  set  aside demand for
16        product of discovery. (A)  In the case  of  any  subpoena
17        civil  investigative  demand  issued under subsection (a)
18        which is an express demand for any product of  discovery,
19        the  person  from  whom  such  discovery was obtained may
20        file, in the circuit court of the  county  in  which  the
21        proceeding in which such discovery was obtained is or was
22        last  pending, and serve upon any investigator identified
23        in the demand and upon the recipient  of  the  demand,  a
24        petition  for  an  order  of  such court to modify or set
25        aside those portions of  the  subpoena  demand  requiring
26        production  of  any such product of discovery, subject to
27        the same terms, conditions, and limitations set forth  in
28        subparagraph  (j)(2)  of this Section. Any petition under
29        this subparagraph (A) must be filed:
30                       (i)  within 20  days  after  the  date  of
31                  service  of  the civil investigative demand, or
32                  at any time before the return date specified in
33                  the demand, whichever date is earlier, or
34                       (ii)  within such longer period as may  be
 
                            -19-     LRB093 08648 LCB 12410 a
 1                  prescribed   in  writing  by  any  investigator
 2                  identified in the demand.
 3                  (B)  The petition  shall  specify  each  ground
 4             upon  which  the petitioner relies in seeking relief
 5             under subparagraph (A), and may be  based  upon  any
 6             failure  of  the  portions  of the demand from which
 7             relief is sought to comply with  the  provisions  of
 8             this  Section,  or  upon any constitutional or other
 9             legal right or privilege of the  petitioner.  During
10             the pendency of the petition, the court may stay, as
11             it  deems proper, compliance with the demand and the
12             running of the time allowed from compliance with the
13             demand.
14             (4)  Petition to require performance by custodian of
15        duties. At any time during  which  any  custodian  is  in
16        custody or control of any documentary material or answers
17        to  interrogatories  produced,  or  transcripts  of  oral
18        testimony  given,  by  any  person in compliance with any
19        civil investigative demand issued under  subsection  (a),
20        such person, and in the case of an express demand for any
21        product of discovery, the person from whom such discovery
22        was  obtained,  may  file,  in  the  circuit court of the
23        county within which  the  office  of  such  custodian  is
24        situated,  and  serve upon such custodian, a petition for
25        an order of such court to require the performance by  the
26        custodian  of any duty imposed upon the custodian by this
27        Section.
28             (4)  (5)  Jurisdiction.  Whenever  any  petition  is
29        filed in any circuit court  under  this  subsection  (j),
30        such  court shall have jurisdiction to hear and determine
31        the matter so presented, and to enter such orders as  may
32        be  required to carry out the provisions of this Section.
33        Any final order so entered shall be subject to appeal  in
34        the same manner as appeals of other final orders in civil
 
                            -20-     LRB093 08648 LCB 12410 a
 1        matters.  Any  disobedience  of  any  final order entered
 2        under this Section by any court shall be  punished  as  a
 3        contempt of the court.
 4        (k)  Disclosure   exemption.  Any  documentary  material,
 5    answers  to  written  interrogatories,  or   oral   testimony
 6    provided under any subpoena civil investigative demand issued
 7    under  subsection  (a)  shall be exempt from disclosure under
 8    the Illinois Administrative Procedure Act.
 9    (Source: P.A. 92-651, eff. 7-11-02.)".