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093_SB1785enr
SB1785 Enrolled LRB093 08648 WGH 08876 b
1 AN ACT concerning whistleblower protection.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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 subpoenacivil
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
23 documentary material or information, or
24 (D) to furnish any combination of such
25 material, answers, or testimony.
26 The Attorney General mayshall delegate the authority to
27 issue subpoenascivil investigative demands under this
28 subsection (a) to the Department of State Police subject
29 to conditions as the Attorney General deems appropriate.
30 Whenever a subpoenacivil investigative demand is an
31 express demand for any product of discovery, the Attorney
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1 General or his or her delegate, an Assistant Attorney
2 General or the delegate of the Department of State Police
3 shall cause to be served, in any manner authorized by
4 this Section, a copy of such demand upon the person from
5 whom the discovery was obtained and shall notify the
6 person to whom such demand is issued of the date on which
7 such copy was served.
8 (2) Contents and deadlines. (A) Each subpoena
9 civil investigative demand issued under paragraph (1):
10 (A) Shall state the nature of the conduct
11 constituting an alleged violation that is under
12 investigation and the applicable provision of law
13 alleged to be violated.
14 (B) Shall identify the individual causing the
15 subpoena to be served and to whom communications
16 regarding the subpoena should be directed.
17 (C) Shall state the date, place, and time at
18 which the person is required to appear, produce
19 written answers to interrogatories, produce
20 documentary material or give oral testimony. The
21 date shall not be less than 10 days from the date of
22 service of the subpoena. Compliance with the
23 subpoena shall be at the Office of the Attorney
24 General in either the Springfield or Chicago
25 location or at other location by agreement.
26 (D) If the subpoena is for documentary
27 material or interrogatories, shall describe the
28 documents or information requested with specificity.
29 (E) Shall notify the person of the right to be
30 assisted by counsel.
31 (F) Shall advise that the person has 20 days
32 from the date of service or up until the return date
33 specified in the demand, whichever date is earlier,
34 to move, modify, or set aside the subpoena pursuant
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1 to subparagraph (j)(2)(A) of this Section.shall
2 state the nature of the conduct constituting and
3 alleged violation which is under investigation, and
4 the applicable provision of law alleged to be
5 violated.
6 (B) If such demand is for the production of
7 documentary material, the demand shall:
8 (i) describe each class of documentary
9 material to be produced with such definiteness
10 and certainty as to permit such material to be
11 fairly identified;
12 (ii) prescribe a return date for each
13 such class which will provide a reasonable
14 period of time within which the material so
15 demanded may be assembled and made available
16 for inspection and copying; and
17 (iii) identify the investigator to whom
18 such material shall be made available.
19 (C) If such demand is for answers to written
20 interrogatories, the demand shall:
21 (i) set forth with specificity the
22 written interrogatories to be answered;
23 (ii) prescribe dates at which time
24 answers to written interrogatories shall be
25 submitted; and
26 (iii) identify the investigator to whom
27 such answers shall be submitted.
28 (D) If such demand is for the giving of oral
29 testimony, the demand shall:
30 (i) prescribe a date, time, and place at
31 which oral testimony shall be commenced;
32 (ii) identify an investigator who shall
33 conduct the examination and the custodian to
34 whom the transcript of such examination shall
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1 be submitted;
2 (iii) specify that such attendance and
3 testimony are necessary to the conduct of the
4 investigation;
5 (iv) notify the person receiving the
6 demand of the right to be accompanied by an
7 attorney and any other representative; and
8 (v) describe the general purpose for
9 which the demand is being issued and the
10 general nature of the testimony, including the
11 primary areas of inquiry, which will be taken
12 pursuant to the demand.
13 (E) Any civil investigative demand issued
14 under this Section which is an express demand for
15 any product of discovery shall not be returned or
16 returnable until 20 days after a copy of such demand
17 has been served upon the person from whom the
18 discovery was obtained.
19 (F) The date prescribed for the commencement
20 of oral testimony pursuant to a civil investigative
21 demand issued under this Section shall be a date
22 which is not less than 7 days after the date on
23 which demand is received, unless the Attorney
24 General or an Assistant Attorney General designated
25 by the Attorney General or the delegate of the
26 Department of State Police determines that
27 exceptional circumstances are present which warrant
28 the commencement of such testimony within a lesser
29 period of time.
30 (G) The Attorney General or the delegate of
31 the Department of State Police shall not authorize
32 the issuance under this Section of more than one
33 civil investigative demand for oral testimony by the
34 same person unless the person requests otherwise or
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1 unless the Attorney General or the delegate of the
2 Department of State Police, after investigation,
3 notifies that person in writing that an additional
4 demand for oral testimony is necessary. The
5 Attorney General shall authorize the performance by
6 the delegate of the Department of State Police of
7 any function vested in the Attorney General under
8 this subparagraph (G).
9 (b) Protected material or information.
10 (1) In general. A subpoenacivil investigative
11 demand issued under subsection (a) may not require the
12 production of any documentary material, the submission of
13 any answers to written interrogatories, or the giving of
14 any oral testimony if such material, answers, or
15 testimony would be protected from disclosure under:
16 (A) the standards applicable to subpoenas or
17 subpoenas duces tecum issued by a court of this
18 State to aid in a grand jury investigation; or
19 (B) the standards applicable to discovery
20 requests under the Code of Civil Procedure, to the
21 extent that the application of such standards to any
22 such subpoenademand is appropriate and consistent
23 with the provisions and purposes of this Section.
24 (2) Effect on other orders, rules, and laws. Any
25 such subpoenademand which is an express demand for any
26 product of discovery supersedes any inconsistent order,
27 rule, or provision of law (other than this Section)
28 preventing or restraining disclosure of such product of
29 discovery to any person. Disclosure of any product of
30 discovery pursuant to any such subpoenaexpress demand
31 does not constitute a waiver of any right or privilege
32 which the person making such disclosure may be entitled
33 to invoke to resist discovery of trial preparation
34 materials.
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1 (c) Service in general; jurisdiction. (1) By whom
2 served. Any subpoenacivil investigative demand issued under
3 subsection (a) may be served by any person so authorized by
4 the Attorney Generalan investigator, or by any person
5 authorized to serve process on individuals within Illinois,
6 through any method prescribed in the Code of Civil Procedure
7 or as otherwise set forth in this Act.
8 (2) Service in foreign countries. Any such demand
9 or any petition filed under subsection (j) may be served
10 upon any person who is not found within Illinois in such
11 manner as the Code of Civil Procedure prescribes for
12 service of process outside Illinois. To the extent that
13 the courts of this State can assert jurisdiction over any
14 such person consistent with due process, the courts of
15 this State shall have the same jurisdiction to take any
16 action respecting compliance with this Section by any
17 such person that such court would have if such person
18 were personally within the jurisdiction of such court.
19 (d) Service upon legal entities and natural persons.
20 (1) Legal entities. Service of any subpoenacivil
21 investigative demand issued under subsection (a) or of
22 any petition filed under subsection (j) may be made upon
23 a partnership, corporation, association, or other legal
24 entity by:
25 (A) delivering an executed copy of such
26 subpoenademand or petition to any partner,
27 executive officer, managing agent, general agent, or
28 registered agent of the partnership, corporation,
29 association or entity;
30 (B) delivering an executed copy of such
31 subpoenademand or petition to the principal office
32 or place of business of the partnership,
33 corporation, association, or entity; or
34 (C) depositing an executed copy of such
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1 subpoenademand or petition in the United States
2 mails by registered or certified mail, with a return
3 receipt requested, addressed to such partnership,
4 corporation, association, or entity as its principal
5 office or place of business.
6 (2) Natural person. Service of any such subpoena
7 demand or petition may be made upon any natural person
8 by:
9 (A) delivering an executed copy of such
10 subpoenademand or petition to the person; or
11 (B) depositing an executed copy of such
12 subpoenademand or petition in the United States
13 mails by registered or certified mail, with a return
14 receipt requested, addressed to the person at the
15 person's residence or principal office or place of
16 business.
17 (e) Proof of service. A verified return by the
18 individual serving any subpoenacivil investigative demand
19 issued under subsection (a) or any petition filed under
20 subsection (j) setting forth the manner of such service shall
21 be proof of such service. In the case of service by
22 registered or certified mail, such return shall be
23 accompanied by the return post office receipt of delivery of
24 such subpoenademand.
25 (f) Documentary material.
26 (1) Sworn certificates. The production of
27 documentary material in response to a subpoenacivil
28 investigative demand served under this Section shall be
29 made under a sworn certificate, in such form as the
30 subpoenademand designates, by:
31 (A) in the case of a natural person, the
32 person to whom the subpoenademand is directed, or
33 (B) in the case of a person other than a
34 natural person, a person having knowledge of the
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1 facts and circumstances relating to such production
2 and authorized to act on behalf of such person.
3 The certificate shall state that all of the documentary
4 material required by the demand and in the possession,
5 custody, or control of the person to whom the subpoena
6 demand is directed has been produced and made available
7 to the Attorney Generalinvestigator identified in the
8 demand.
9 (2) Production of materials. Any person upon whom
10 any subpoenacivil investigative demand for the
11 production of documentary material has been served under
12 this Section shall make such material available for
13 inspection and copying to the Attorney General
14 investigator identified in such demand at the place
15 designated in the subpoenaprincipal place of business of
16 such person, or at such other place as the Attorney
17 Generalinvestigator and the person thereafter may agree
18 and prescribe in writing, or as the court may direct
19 under subsection (j)(1). Such material shall be made so
20 available on the return date specified in such subpoena
21 demand, or on such later date as the Attorney General
22 investigator may prescribe in writing. Such person may,
23 upon written agreement between the person and the
24 Attorney Generalinvestigator, substitute copies for
25 originals of all or any part of such material.
26 (g) Interrogatories. Each interrogatory in a subpoena
27 civil investigative demand served under this Section shall be
28 answered separately and fully in writing under oath and shall
29 be submitted under a sworn certificate, in such form as the
30 subpoenademand designates by:
31 (1) in the case of a natural person, the person to
32 whom the subpoenademand is directed, or
33 (2) in the case of a person other than a natural
34 person, the person or persons responsible for answering
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1 each interrogatory.
2 If any interrogatory is objected to, the reasons for the
3 objection shall be stated in the certificate instead of an
4 answer. The certificate shall state that all information
5 required by the subpoenademand and in the possession,
6 custody, control, or knowledge of the person to whom the
7 demand is directed has been submitted. To the extent that
8 any information is not furnished, the information shall be
9 identified and reasons set forth with particularity regarding
10 the reasons why the information was not furnished.
11 (h) Oral examinations.
12 (1) Procedures. The examination of any person
13 pursuant to a subpoenacivil investigative demand for
14 oral testimony served under this Section shall be taken
15 before an officer authorized to administer oaths and
16 affirmations by the laws of this State or of the place
17 where the examination is held. The officer before whom
18 the testimony is to be taken shall put the witness on
19 oath or affirmation and shall, personally or by someone
20 acting under the direction of the officer and in the
21 officer's presence, record the testimony of the witness.
22 The testimony shall be taken stenographically and shall
23 be transcribed. When the testimony is fully transcribed,
24 the officer before whom the testimony is taken shall
25 promptly transmit a certified copy of the transcript of
26 the testimony in accordance with the instructions of the
27 Attorney Generalto the custodian. This subsection shall
28 not preclude the taking of testimony by any means
29 authorized by, and in a manner consistent with, the Code
30 of Civil Procedure.
31 (2) Persons present. The investigator conducting
32 the examination shall exclude from the place where the
33 examination is held all persons except the person giving
34 the testimony, the attorney for and any other
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1 representative of the person giving the testimony, the
2 attorney for the State, any person who may be agreed upon
3 by the attorney for the State and the person giving the
4 testimony, the officer before whom the testimony is to be
5 taken, and any stenographer taking such testimony.
6 (3) Where testimony taken. The oral testimony of
7 any person taken pursuant to a subpoenacivil
8 investigative demand served under this Section shall be
9 taken in the county within which such person resides, is
10 found, or transacts business, or in such other place as
11 may be agreed upon by the Attorney Generalinvestigator
12 conducting the examination and such person.
13 (4) Transcript of testimony. When the testimony is
14 fully transcribed, the Attorney Generalinvestigator or
15 the officer before whom the testimony is taken shall
16 afford the witness, who may be accompanied by counsel, a
17 reasonable opportunity to review and correctexamine and
18 read the transcript, in accordance with the rules
19 applicable to deposition witnesses in civil cases. Upon
20 payment of reasonable charges, the Attorney General shall
21 furnish a copy of the transcript to the witness, except
22 that the Attorney General may, for good cause, limit the
23 witness to inspection of the official transcript of the
24 witness' testimony.unless such examination and reading
25 are waived by the witness. Any changes in form or
26 substance which the witness desires to make shall be
27 entered and identified upon the transcript by the officer
28 or the investigator, with a statement of the reasons
29 given by the witness for making such changes. The
30 transcript shall then be signed by the witness, unless
31 the witness in writing waives the signing, is ill, cannot
32 be found, or refuses to sign. If the transcript is not
33 signed by the witness within 30 days after being afforded
34 a reasonable opportunity to examine it, the officer of
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1 investigator shall sign it and state on the record the
2 fact of the waiver, illness, absence of the witness, or
3 the refusal to sign, together with the reasons, if any,
4 given therefor.
5 (5) Certification and delivery to custodian. The
6 officer before whom the testimony is taken shall certify
7 on the transcript that the witness was sworn by the
8 officer and that the transcript is a true record of the
9 testimony given by the witness, and the officer or
10 investigator shall promptly deliver the transcript, or
11 send the transcript by registered or certified mail, to
12 the custodian.
13 (6) Furnishing or inspection of transcript by
14 witness. Upon payment of reasonable charges therefor, the
15 investigator shall furnish a copy of the transcript to
16 the witness only, except that the Attorney General, an
17 Assistant Attorney General or employee of the Department
18 of State Police may, for good cause, limit such witness
19 to inspection of the official transcript of the witness'
20 testimony.
21 (5)(7) Conduct of oral testimony.
22 (A) Any person compelled to appear for oral
23 testimony under a subpoenacivil investigative
24 demand issued under subsection (a) may be
25 accompanied, represented, and advised by counsel,
26 who may raise objections based on matters of
27 privilege in accordance with the rules applicable to
28 depositions in civil cases. Counsel may advise such
29 person, in confidence, with respect to any question
30 asked of such person. Such person or counsel may
31 object on the record to any question, in whole or in
32 part, and shall briefly state for the record the
33 reason for the objection. An objection may be made,
34 received, and entered upon the record when it is
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1 claimed that such person is entitled to refuse to
2 answer the question on the grounds of any
3 constitutional or other legal right or privilege,
4 including the privilege against self-incrimination.
5 If such person refuses to answer any question, a
6 petition may be filed in circuit court under
7 subsection (j)(1) for an order compelling such
8 person to answer such question.
9 (B) If such person refuses any question on the
10 grounds of the privilege against self-incrimination,
11 the testimony of such person may be compelled in
12 accordance with Article 106 of the Code of Criminal
13 Procedure of 1963.
14 (6)(8) Witness fees and allowances. Any person
15 appearing for oral testimony under a subpoenacivil
16 investigative demand issued under subsection (a) shall be
17 entitled to the same fees and allowances which are paid
18 to witnesses in the circuit court.
19 (i) Custodians of documents, answers, and transcripts.
20 (1) Designation. The Attorney General or his or her
21 delegate shall designate the Department of State Police
22 to serve as custodian of documentary material, answers to
23 interrogatories, and transcripts of oral testimony
24 received under this Section.and shall designate
25 additional employees of the Department of State Police as
26 the Attorney General determines from time to time to be
27 necessary to serve as deputies to the custodian.
28 (2) Responsibility for materials; disclosure.
29 (A) An investigator who receives any
30 documentary material, answers to interrogatories, or
31 transcripts of oral testimony under this Section
32 shall transmit them to the custodian. The custodian
33 shall take physical possession of such material,
34 answers, or transcripts and shall be responsible for
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1 the use made of them and for the return of
2 documentary material under paragraph (4).
3 (B) The custodian may cause the preparation of
4 such copies of such documentary material, answers to
5 interrogatories, or transcripts of oral testimony as
6 may be required for official use by any
7 investigator, or other officer or employee of the
8 Attorney General or employee of the Department of
9 State Police who is authorized for such use under
10 regulations which the Attorney General shall issue.
11 Such material, answers, and transcripts may be used
12 by any such authorized investigator or other officer
13 or employee in connection with the taking of oral
14 testimony under this Section.
15 (2)(C) Except as otherwise provided in this
16 Sectionsubsection (i), no documentary material, answers
17 to interrogatories, or transcripts of oral testimony, or
18 copies thereof, while in the possession of the custodian,
19 shall be available for examination by any individual,
20 except as determined necessary by the Attorney General
21 and subject to the conditions imposed by him or her for
22 effective enforcement of the laws of this State, or as
23 otherwise provided by court order.other than an
24 investigator or other officer or employee of the Attorney
25 General or employee of the Department of State Police
26 authorized under subparagraph (B). The prohibition in the
27 preceding sentence on the availability of material,
28 answers, or transcripts shall not apply if consent is
29 given by the person who produced such material, answers,
30 or transcripts, or, in the case of any product of
31 discovery produced pursuant to an express demand for such
32 material, consent is given by the person from whom the
33 discovery was obtained. Nothing in this subparagraph is
34 intended to prevent disclosure to the General Assembly,
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1 including any committee or subcommittee of the General
2 Assembly, or to any other State agency for use by such
3 agency in furtherance of its statutory responsibilities.
4 Disclosure of information to any such other agency shall
5 be allowed only upon application, made by the Attorney
6 General to a circuit court, showing substantial need for
7 the use of the information by such agency in furtherance
8 of its statutory responsibilities.
9 (D) While in the possession of the custodian
10 and under such reasonable terms and conditions as
11 the Attorney General shall prescribe:
12 (i) documentary material and answers to
13 interrogatories shall be available for
14 examination by the person who produced such
15 material or answers, or by a representative for
16 that person authorized by that person to
17 examine such material and answers; and
18 (ii) transcripts of oral testimony shall
19 be available for examination by the person who
20 produced such testimony, or by a representative
21 of that person authorized by that person to
22 examine such transcripts.
23 (3) Use of material, answers, or transcripts in
24 other proceedings. Whenever any attorney of the office of
25 the Attorney General, or State's Attorney upon a
26 referral, has been designated to appear before any court,
27 grand jury, or State agency in any case or proceeding,
28 the custodian of any documentary material, answers to
29 interrogatories, or transcripts of oral testimony
30 received under this Section may deliver to such attorney
31 such material, answers, or transcripts for official use
32 in connection with any such case or proceeding as such
33 attorney determines to be required. Upon the completion
34 of any such case or proceeding, such attorney shall
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1 return to the custodian any such material, answers, or
2 transcripts so delivered which have not passed into the
3 control of such court, grand jury, or agency through
4 introduction into the record of such case or proceeding.
5 (3)(4) Conditions for return of material. If any
6 documentary material has been produced by any person in
7 the course of any investigation pursuant to a subpoena
8 civil investigative demand under this Section and:
9 (A) any case or proceeding before the court or
10 grand jury arising out of such investigation, or any
11 proceeding before any State agency involving such
12 material, has been completed, or
13 (B) no case or proceeding in which such
14 material may be used has been commenced within a
15 reasonable time after completion of the examination
16 and analysis of all documentary material and other
17 information assembled in the course of such
18 investigation,
19 the custodian shall, upon written request of the person
20 who produced such material, return to such person any
21 such material (other than copies furnished to the
22 investigator under subsection (f)(2) or made for the
23 Attorney General or employee of the Department of State
24 Police under paragraph (2)(B)) which has not passed into
25 the control of any court, grand jury, or agency through
26 introduction into the record of such case or proceeding.
27 (5) Appointment of successor custodians. In the
28 event of the death, disability, or separation from
29 service in the Department of State Police of the
30 custodian of any documentary material, answers to
31 interrogatories, or transcripts of oral testimony
32 produced pursuant to a civil investigative demand under
33 this Section, or in the event of the official relief of
34 such custodian from responsibility for the custody and
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1 control of such material, answers, or transcripts, the
2 Attorney General shall promptly:
3 (A) designate another employee of the
4 Department of State Police to serve as custodian of
5 such material, answers, or transcripts, and
6 (B) transmit in writing to the person who
7 produced such material, answers, or testimony notice
8 of the identity and address of the successor so
9 designated.
10 Any person who is designated to be a successor under this
11 paragraph (5) shall have, with regard to such material,
12 answers, or transcripts, the same duties and
13 responsibilities as were imposed by this Section upon
14 that person's predecessor in office, except that the
15 successor shall not be held responsible for any default
16 or dereliction which occurred before that designation.
17 (j) Judicial proceedings.
18 (1) Petition for enforcement. Whenever any person
19 fails to comply with any subpoenacivil investigative
20 demand issued under subsection (a), or whenever
21 satisfactory copying or reproduction of any material
22 requested in such demand cannot be done and such person
23 refuses to surrender such material, the Attorney General
24 may file, in the circuit court of any county in which
25 such person resides, is found, or transacts business, or
26 the circuit court of the county in which an action filed
27 pursuant to Section 4 of this Act is pending if the
28 action relates to the subject matter of the subpoena and
29 serve upon such person a petition for an order of such
30 court for the enforcement of the subpoenacivil
31 investigative demand.
32 (2) Petition to modify or set aside subpoena
33 demand.
34 (A) Any person who has received a subpoena
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1 civil investigative demand issued under subsection
2 (a) may file, in the circuit court of any county
3 within which such person resides, is found, or
4 transacts business, and serve upon the Attorney
5 Generalinvestigator identified in such demand a
6 petition for an order of the court to modify or set
7 aside such subpoenademand. In the case of a
8 petition addressed to an express demand for any
9 product of discovery, a petition to modify or set
10 aside such demand may be brought only in the circuit
11 court of the county in which the proceeding in which
12 such discovery was obtained is or was last pending.
13 Any petition under this subparagraph (A) must be
14 filed:
15 (i) within 20 days after the date of
16 service of the subpoenacivil investigative
17 demand, or at any time before the return date
18 specified in the subpoenademand, whichever
19 date is earlier, or
20 (ii) within such longer period as may be
21 prescribed in writing by the Attorney General
22 any investigator identified in the demand.
23 (B) The petition shall specify each ground
24 upon which the petitioner relies in seeking relief
25 under subparagraph (A), and may be based upon any
26 failure of the subpoenademand to comply with the
27 provisions of this Section or upon any
28 constitutional or other legal right or privilege of
29 such person. During the pendency of the petition in
30 the court, the court may stay, as it deems proper,
31 the running of the time allowed for compliance with
32 the subpoenademand, in whole or in part, except
33 that the person filing the petition shall comply
34 with any portion of the subpoenademand not sought
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1 to be modified or set aside.
2 (3) Petition to modify or set aside demand for
3 product of discovery. (A) In the case of any subpoena
4 civil investigative demand issued under subsection (a)
5 which is an express demand for any product of discovery,
6 the person from whom such discovery was obtained may
7 file, in the circuit court of the county in which the
8 proceeding in which such discovery was obtained is or was
9 last pending, and serve upon any investigator identified
10 in the demand and upon the recipient of the demand, a
11 petition for an order of such court to modify or set
12 aside those portions of the subpoenademand requiring
13 production of any such product of discovery, subject to
14 the same terms, conditions, and limitations set forth in
15 subparagraph (j)(2) of this Section. Any petition under
16 this subparagraph (A) must be filed:
17 (i) within 20 days after the date of
18 service of the civil investigative demand, or
19 at any time before the return date specified in
20 the demand, whichever date is earlier, or
21 (ii) within such longer period as may be
22 prescribed in writing by any investigator
23 identified in the demand.
24 (B) The petition shall specify each ground
25 upon which the petitioner relies in seeking relief
26 under subparagraph (A), and may be based upon any
27 failure of the portions of the demand from which
28 relief is sought to comply with the provisions of
29 this Section, or upon any constitutional or other
30 legal right or privilege of the petitioner. During
31 the pendency of the petition, the court may stay, as
32 it deems proper, compliance with the demand and the
33 running of the time allowed from compliance with the
34 demand.
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1 (4) Petition to require performance by custodian of
2 duties. At any time during which any custodian is in
3 custody or control of any documentary material or answers
4 to interrogatories produced, or transcripts of oral
5 testimony given, by any person in compliance with any
6 civil investigative demand issued under subsection (a),
7 such person, and in the case of an express demand for any
8 product of discovery, the person from whom such discovery
9 was obtained, may file, in the circuit court of the
10 county within which the office of such custodian is
11 situated, and serve upon such custodian, a petition for
12 an order of such court to require the performance by the
13 custodian of any duty imposed upon the custodian by this
14 Section.
15 (4)(5) Jurisdiction. Whenever any petition is
16 filed in any circuit court under this subsection (j),
17 such court shall have jurisdiction to hear and determine
18 the matter so presented, and to enter such orders as may
19 be required to carry out the provisions of this Section.
20 Any final order so entered shall be subject to appeal in
21 the same manner as appeals of other final orders in civil
22 matters. Any disobedience of any final order entered
23 under this Section by any court shall be punished as a
24 contempt of the court.
25 (k) Disclosure exemption. Any documentary material,
26 answers to written interrogatories, or oral testimony
27 provided under any subpoenacivil investigative demand issued
28 under subsection (a) shall be exempt from disclosure under
29 the Illinois Administrative Procedure Act.
30 (Source: P.A. 92-651, eff. 7-11-02.)
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