Full Text of HB2671 96th General Assembly
HB2671ham001 96TH GENERAL ASSEMBLY
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Rep. Dennis M. Reboletti
Filed: 4/1/2009
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| AMENDMENT TO HOUSE BILL 2671
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| AMENDMENT NO. ______. Amend House Bill 2671 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by adding Article 108C as follows:
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| (725 ILCS 5/Art. 108C heading new)
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| ARTICLE 108C. STATE'S ATTORNEY'S INVESTIGATIVE SUBPOENAS | 8 |
| (725 ILCS 5/108C-1 new) | 9 |
| Sec. 108C-1. State's Attorney's investigative subpoenas. | 10 |
| At any time prior to the commencement of a prosecution and upon | 11 |
| written application by the State's Attorney as provided in | 12 |
| Section 108C-5, the circuit court shall cause the clerk of the | 13 |
| court to issue subpoenas ad testificandum or duces tecum | 14 |
| directed to the sheriff or coroner of any county in this State | 15 |
| for the purpose of obtaining the testimony of any person or any |
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| document or material relevant to a criminal matter being | 2 |
| investigated by the State's Attorney. For the purposes of this | 3 |
| Article 108C, a prosecution is commenced upon the filing of a | 4 |
| complaint or information with the court or the return of a bill | 5 |
| of indictment. | 6 |
| (725 ILCS 5/108C-5 new) | 7 |
| Sec. 108C-5. Application by the State's Attorney. The | 8 |
| State's Attorney's application shall set forth the nature of | 9 |
| the matter he or she is investigating and the relevancy of the | 10 |
| testimony, documents, or materials he or she is seeking to the | 11 |
| investigation and certify that the testimony, documents, or | 12 |
| materials sought will be used solely in the exercise of the | 13 |
| State's Attorney's duty to investigate. In counties where a | 14 |
| grand jury is presently convened, impaneled, sworn, and | 15 |
| sitting, such application shall also include a showing of cause | 16 |
| by the State's Attorney as to why the court should authorize | 17 |
| the subpoena. | 18 |
| (725 ILCS 5/108C-10 new) | 19 |
| Sec. 108C-10. Return of subpoenaed materials. Materials | 20 |
| subpoenaed pursuant to this Article shall be returnable to the | 21 |
| circuit court for the purpose of an in camera inspection prior | 22 |
| to the delivery of the materials to the State's Attorney, | 23 |
| unless the court specifically finds that no issues of | 24 |
| relevance, privilege, or materiality precludes their return |
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| directly to the State's Attorney. Rulings on relevance, | 2 |
| materiality, and privilege shall be governed by the rules | 3 |
| applicable to proceedings before the grand jury and not by the | 4 |
| rules of evidence applicable at trial. | 5 |
| (725 ILCS 5/108C-15 new) | 6 |
| Sec. 108C-15. Sworn testimony. | 7 |
| (a) Testimony taken pursuant to this Article shall be under | 8 |
| oath and take place at a time and location convenient to the | 9 |
| State's Attorney as directed by the court. The State's Attorney | 10 |
| shall swear all witnesses. The State's Attorney shall provide | 11 |
| for a court reporter to attend the session who shall make a | 12 |
| complete transcript of all proceedings unless the court | 13 |
| authorizes testimony to be recorded electronically. Such | 14 |
| electronic recordings shall include a complete audio and video | 15 |
| record of the entire interview. Before any testimony is given | 16 |
| by such a person subpoenaed under this Article against whom the | 17 |
| State's Attorney is considering criminal charges, the State's | 18 |
| Attorney shall inform that person that he or she has the right | 19 |
| to refuse to answer any question that will tend to incriminate | 20 |
| him or her, that anything he or she says may be used against | 21 |
| him or her in a court of law, that he or she has the right to be | 22 |
| accompanied and advised of his or her rights by counsel, and | 23 |
| that he or she will have counsel appointed for him or her if he | 24 |
| or she cannot afford one. If a person is accompanied by | 25 |
| counsel, such counsel shall advise him or her of his or her |
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| rights during the proceedings but may not participate in any | 2 |
| way. Except for the State's Attorney's copy, transcripts or | 3 |
| recordings of such proceedings shall be sealed and in the event | 4 |
| a prosecution is commenced, such transcripts or recordings | 5 |
| shall be disclosed to the accused as provided by law. | 6 |
| Preservation of transcripts and recordings of testimony | 7 |
| obtained pursuant to this Section shall be preserved in | 8 |
| accordance with the record keeping practices applicable to | 9 |
| grand juries. | 10 |
| (b) Only the State's Attorney, his or her reporter, the | 11 |
| individual providing testimony and his or her attorney, and any | 12 |
| other person authorized by the court or by law may attend the | 13 |
| session. | 14 |
| (c) All subpoenas testificandum issued pursuant to this | 15 |
| Article shall on their face advise the responding party that he | 16 |
| or she has the right to be represented by an attorney, that if | 17 |
| the person is a target of the investigation, he or she has the | 18 |
| right to have an attorney present during all sessions in which | 19 |
| he or she is to provide testimony pursuant to the subpoena, and | 20 |
| that if he or she cannot afford an attorney, the court will | 21 |
| appoint an attorney to act on his or her behalf. | 22 |
| (d) The State's Attorney shall promptly provide a complete | 23 |
| transcript or electronic recording of all testimony taken | 24 |
| pursuant to a subpoena issued under this Article to the court | 25 |
| that issued the subpoena. |
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| (725 ILCS 5/108C-20 new) | 2 |
| Sec. 108C-20. Secrecy of subpoenas. | 3 |
| (a) No person, except as provided in this Section, may | 4 |
| disclose the existence of a subpoena issued or materials | 5 |
| obtained pursuant to this Article. Disclosure may be made to: | 6 |
| (1) a State's Attorney for use in such State's | 7 |
| Attorney's duty; and | 8 |
| (2) an attorney representing a person or other entity | 9 |
| subpoenaed; and | 10 |
| (3) such government personnel as are deemed necessary | 11 |
| by the State's Attorney in the performance of such State's | 12 |
| Attorney's duty to investigate criminal conduct and | 13 |
| enforce State criminal law. | 14 |
| (b) Any person to whom matters are disclosed under this | 15 |
| Section shall not use the subpoenaed material for any purpose | 16 |
| other than assisting the State's Attorney in the performance of | 17 |
| such State's Attorney's duty to investigate criminal conduct | 18 |
| and enforce the law. The State's Attorney shall promptly | 19 |
| provide the court with the names of the persons to whom such | 20 |
| disclosure has been made. | 21 |
| (c) Disclosure otherwise prohibited by this Section may | 22 |
| also be made when the court directs such in the interest of | 23 |
| justice. | 24 |
| (d) Any person who discloses, other than to his or her | 25 |
| attorney, matters occurring before the issuing court, other | 26 |
| than in accordance with the provisions of this Section, shall |
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| be punished as a contempt of court, subject to proceedings in | 2 |
| accordance to law. | 3 |
| (e) Any investigative subpoena, documents, or other | 4 |
| materials, and transcripts or electronic recordings of any | 5 |
| testimony made by an individual pursuant to a subpoena obtained | 6 |
| pursuant to this Article, shall be confidential and exempt from | 7 |
| public inspection and copying, as provided under Section 7 of | 8 |
| the Freedom of Information Act, and the information shall not | 9 |
| be transmitted to anyone except as needed to comply with this | 10 |
| Article. | 11 |
| (725 ILCS 5/108C-25 new) | 12 |
| Sec. 108C-25. Record of proceedings. Any proceeding | 13 |
| related to the issuance or enforceability of a subpoena issued | 14 |
| pursuant to this Article, or to the disclosure of information | 15 |
| obtained from such subpoena, shall take place in camera and in | 16 |
| the presence of the State's Attorney, and at the party's | 17 |
| request, the party subpoenaed and his or her counsel, and a | 18 |
| court reporter who shall transcribe the proceedings. Except for | 19 |
| the State's Attorney's copy, such transcripts shall be sealed | 20 |
| and in the event a prosecution is commenced, the transcript | 21 |
| shall be disclosed to the accused as provided by law. | 22 |
| (725 ILCS 5/108C-30 new) | 23 |
| Sec. 108C-30. Right to counsel. Any person appearing | 24 |
| before an issuing court in response to a subpoena issued under |
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| this Article shall have the right to be accompanied by counsel. | 2 |
| (725 ILCS 5/108C-35 new) | 3 |
| Sec. 108C-35. Duties of others. The clerk of the court | 4 |
| shall keep records of subpoenas issued pursuant to this Article | 5 |
| as may be prescribed by the Rules of the Supreme Court. | 6 |
| (725 ILCS 5/108C-40 new) | 7 |
| Sec. 108C-40. Destroyed documents or materials. When | 8 |
| documents or materials that are the subject of a subpoena | 9 |
| issued pursuant to this Article have been destroyed or | 10 |
| withheld, in addition to criminal prosecution, any person | 11 |
| responsible for such conduct shall be punished as a contempt of | 12 |
| court subject to proceedings in accordance with law. | 13 |
| (725 ILCS 5/108C-45 new) | 14 |
| Sec. 108C-45. Person defined. As used in this Article | 15 |
| "person" means an individual, public or private corporation, | 16 |
| government or any subdivision of government, partnership, or | 17 |
| unincorporated association. | 18 |
| (725 ILCS 5/108C-50 new)
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| Sec. 108C-50. Training sessions. The Attorney General, in | 20 |
| cooperation with the Illinois State's Attorney Association, | 21 |
| shall annually provide a course of training to the State's | 22 |
| Attorneys, in the legal, ethical, and practical aspects of the |
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| provisions of this Article relating to investigation and | 2 |
| prosecutorial functions.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
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