The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
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 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
-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 mayshall delegate the authority to
5 issue subpoenascivil 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 subpoenacivil 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.
-3- LRB093 08648 LCB 12410 a
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 subpoenacivil 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 subpoenademand 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 subpoenademand 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 subpoenaexpress 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 subpoenacivil investigative demand issued under
12 subsection (a) may be served by any person so authorized by
13 the Attorney Generalan 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 subpoenacivil
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 subpoenademand 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 subpoenademand 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 subpoenademand 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 subpoenademand or petition to the person; or
20 (B) depositing an executed copy of such
21 subpoenademand 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 subpoenacivil 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 subpoenademand.
34 (f) Documentary material.
-8- LRB093 08648 LCB 12410 a
1 (1) Sworn certificates. The production of
2 documentary material in response to a subpoenacivil
3 investigative demand served under this Section shall be
4 made under a sworn certificate, in such form as the
5 subpoenademand designates, by:
6 (A) in the case of a natural person, the
7 person to whom the subpoenademand 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 Generalinvestigator identified in the
17 demand.
18 (2) Production of materials. Any person upon whom
19 any subpoenacivil 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 subpoenaprincipal place of business of
25 such person, or at such other place as the Attorney
26 Generalinvestigator 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 Generalinvestigator, 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 subpoenademand designates by:
6 (1) in the case of a natural person, the person to
7 whom the subpoenademand 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 subpoenademand 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 subpoenacivil 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 Generalto 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 personand 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 Stateand any
17 stenographer taking such testimony.
18 (3) Where testimony taken. The oral testimony of
19 any person taken pursuant to a subpoenacivil
20 investigative demand served under this Section shall be
21 taken at the place designated in the subpoenain 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 Generalinvestigator
25 conducting the examination and such person.
26 (4) Transcript of testimony. When the testimony is
27 fully transcribed, the Attorney Generalinvestigator 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 correctexamine 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 subpoenacivil 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 subpoenacivil
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 Sectionsubsection (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 subpoenacivil 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 subpoenacivil
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 Generalinvestigator identified in such demand a
19 petition for an order of the court to modify or set
20 aside such subpoenademand. 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 subpoenacivil investigative
30 demand, or at any time before the return date
31 specified in the subpoenademand, 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 subpoenademand 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 subpoenademand, in whole or in part, except
12 that the person filing the petition shall comply
13 with any portion of the subpoenademand 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 subpoenademand 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 subpoenacivil 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.)".
This site is maintained for the Illinois General Assembly
by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706
Contact ILGA Webmaster
Translate
