Full Text of SB1903 102nd General Assembly
SB1903 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1903 Introduced 2/26/2021, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: |
| 725 ILCS 215/2 | from Ch. 38, par. 1702 | 725 ILCS 215/3 | from Ch. 38, par. 1703 | 725 ILCS 215/4 | from Ch. 38, par. 1704 |
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Amends the Statewide Grand Jury Act. Expands the authority of a Statewide Grand Jury to investigate and indict offenses involving the
corruption of a public official, to include theft, fraud,
extortion, or a violation of the Official Misconduct and Public Contracts Article of the Criminal Code of 2012. Provides that venue for purposes of trial for any offense
involving the corruption of a public official may be in any county in which any portion of the offense occurred.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Statewide Grand Jury Act is amended by | 5 | | changing Sections 2, 3, and 4 as follows:
| 6 | | (725 ILCS 215/2) (from Ch. 38, par. 1702)
| 7 | | Sec. 2.
(a) County grand juries and State's Attorneys have | 8 | | always had
and
shall continue to have primary responsibility | 9 | | for investigating, indicting,
and prosecuting persons who | 10 | | violate the criminal laws of the State of
Illinois. However, | 11 | | in recent years organized terrorist activity directed
against | 12 | | innocent civilians , and certain criminal enterprises , and | 13 | | public corruption have
developed that require investigation, | 14 | | indictment, and prosecution on a
statewide or multicounty | 15 | | level. The criminal enterprises exist
as a result of the
| 16 | | allure of profitability present in narcotic activity, public | 17 | | corruption, the unlawful sale and
transfer of firearms, and | 18 | | streetgang related felonies and organized terrorist
activity | 19 | | is supported by the contribution of money and expert | 20 | | assistance from
geographically diverse sources. In
order to | 21 | | shut off the life blood of terrorism and
weaken or eliminate | 22 | | the criminal enterprises, assets, and
property
used to further | 23 | | these offenses must be frozen, and any profit must be
removed. |
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| 1 | | State
statutes exist that can accomplish that goal. Among them | 2 | | are the offense of
money laundering, violations
of Articles | 3 | | Article 29D , 33, and 33E of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, | 5 | | and gunrunning. Local prosecutors need
investigative personnel | 6 | | and specialized training to attack and eliminate these
| 7 | | profits. In light of the transitory and complex nature of | 8 | | conduct that
constitutes these criminal activities, the many | 9 | | diverse property interests that
may be used, acquired directly | 10 | | or indirectly as a result of these criminal
activities, and | 11 | | the many places that illegally obtained property may be
| 12 | | located, it is the purpose of this Act to create a limited, | 13 | | multicounty
Statewide Grand Jury with authority to | 14 | | investigate, indict, and prosecute:
narcotic activity, | 15 | | including cannabis and controlled substance trafficking,
| 16 | | narcotics racketeering, money laundering, violations of the | 17 | | Cannabis
and
Controlled Substances Tax Act, and violations of | 18 | | Articles Article 29D , 33, and 33E of the Criminal
Code of 1961 | 19 | | or the Criminal Code of 2012; public corruption crimes; the | 20 | | unlawful sale and transfer of firearms;
gunrunning; and | 21 | | streetgang related felonies.
| 22 | | (b) A Statewide Grand Jury may also investigate, indict, | 23 | | and prosecute
violations facilitated by the use of a computer | 24 | | of any of
the
following offenses: indecent solicitation of a | 25 | | child, sexual exploitation of a
child, soliciting for a | 26 | | juvenile prostitute, keeping a place of juvenile
prostitution, |
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| 1 | | juvenile pimping, child pornography, aggravated child | 2 | | pornography, or promoting juvenile prostitution except as | 3 | | described in subdivision (a)(4) of Section 11-14.4 of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 5 | | (Source: P.A. 101-593, eff. 12-4-19.)
| 6 | | (725 ILCS 215/3) (from Ch. 38, par. 1703)
| 7 | | Sec. 3. Written application for the appointment of a | 8 | | Circuit
Judge to convene and preside over a Statewide Grand | 9 | | Jury, with jurisdiction
extending throughout the State, shall | 10 | | be made to the Chief Justice of the
Supreme Court. Upon such | 11 | | written application, the Chief Justice of the
Supreme Court | 12 | | shall appoint a Circuit Judge from the circuit where the
| 13 | | Statewide Grand Jury is being sought to be convened, who shall | 14 | | make a
determination that the convening of a Statewide Grand | 15 | | Jury is necessary.
| 16 | | In such application the Attorney General shall state that | 17 | | the convening
of a Statewide Grand Jury is necessary because | 18 | | of an alleged offense or
offenses set forth in this Section | 19 | | involving more than one county of the
State and identifying | 20 | | any such offense alleged; and
| 21 | | (a) that he or she believes that the grand jury | 22 | | function for the
investigation and indictment of the | 23 | | offense or offenses cannot effectively be
performed by a | 24 | | county grand jury together with the reasons for such
| 25 | | belief, and
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| 1 | | (b)(1) that each State's Attorney with jurisdiction | 2 | | over an offense
or offenses to be investigated has | 3 | | consented to the impaneling of the
Statewide Grand Jury, | 4 | | or
| 5 | | (2) if one or more of the State's Attorneys having | 6 | | jurisdiction over
an offense or offenses to be | 7 | | investigated fails to consent to the impaneling
of the | 8 | | Statewide Grand Jury, the Attorney General shall set forth | 9 | | good cause
for impaneling the Statewide Grand Jury.
| 10 | | If the Circuit Judge determines that the convening of a | 11 | | Statewide Grand
Jury is necessary, he or she shall convene and | 12 | | impanel the Statewide Grand
Jury with jurisdiction extending | 13 | | throughout the State to investigate and
return indictments:
| 14 | | (a) For violations of any of the following or for any | 15 | | other criminal
offense committed in the course of | 16 | | violating any of the following: Article
29D of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012, the
| 18 | | Illinois Controlled Substances Act, the Cannabis Control | 19 | | Act, the Methamphetamine Control and Community Protection | 20 | | Act, or the Narcotics
Profit Forfeiture Act; a
streetgang | 21 | | related felony offense; Section 24-2.1, 24-2.2, 24-3, | 22 | | 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or subsection | 23 | | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), | 24 | | 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or | 25 | | the Criminal Code of 2012; or a money
laundering offense; | 26 | | provided that the violation or offense involves acts
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| 1 | | occurring in more than one county of this State; and
| 2 | | (a-5) For violations facilitated by the use of a | 3 | | computer, including
the use of the Internet, the World | 4 | | Wide Web, electronic mail, message board,
newsgroup, or | 5 | | any other commercial or noncommercial on-line service, of | 6 | | any of
the following offenses: indecent solicitation of a | 7 | | child, sexual exploitation
of a child, soliciting for a | 8 | | juvenile prostitute, keeping a place of juvenile
| 9 | | prostitution, juvenile pimping, child pornography, | 10 | | aggravated child pornography, or promoting juvenile | 11 | | prostitution except as described in subdivision (a)(4) of | 12 | | Section 11-14.4 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012; and
| 14 | | (a-6) For violations of offenses involving the
| 15 | | corruption of a public official, including theft, fraud,
| 16 | | extortion or a violation of Article 33 or 33E of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012; and
| 18 | | (b) For the offenses of perjury, subornation of | 19 | | perjury, communicating
with jurors and witnesses, and | 20 | | harassment of jurors and witnesses, as they
relate to | 21 | | matters before the Statewide Grand Jury.
| 22 | | "Streetgang related" has the meaning ascribed to it in | 23 | | Section 10 of the
Illinois Streetgang Terrorism Omnibus | 24 | | Prevention Act.
| 25 | | Upon written application by the Attorney General for the | 26 | | convening of an
additional Statewide Grand Jury, the Chief |
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| 1 | | Justice of the Supreme Court shall
appoint a Circuit Judge | 2 | | from the circuit for which the additional Statewide
Grand Jury | 3 | | is sought. The Circuit Judge shall determine the necessity for
| 4 | | an additional Statewide Grand Jury in accordance with the | 5 | | provisions of this
Section. No more than 2 Statewide Grand | 6 | | Juries may be empaneled at any time.
| 7 | | (Source: P.A. 101-593, eff. 12-4-19.)
| 8 | | (725 ILCS 215/4) (from Ch. 38, par. 1704)
| 9 | | Sec. 4.
(a) The presiding judge of the Statewide Grand | 10 | | Jury will
receive recommendations from the Attorney General as | 11 | | to the county in which
the Grand Jury will sit. Prior to making | 12 | | the recommendations, the Attorney
General shall obtain the | 13 | | permission of the local State's Attorney to use
his or her | 14 | | county for the site of the Statewide Grand Jury. Upon | 15 | | receiving
the Attorney General's recommendations, the | 16 | | presiding judge will choose one
of those recommended locations | 17 | | as the site where the Grand Jury shall sit.
| 18 | | Any indictment by a Statewide Grand Jury shall be returned | 19 | | to the
Circuit Judge presiding over the Statewide Grand Jury | 20 | | and shall include a
finding as to the county or counties in | 21 | | which the alleged offense was
committed. Thereupon, the judge | 22 | | shall, by order, designate the county of
venue for the purpose | 23 | | of trial. The judge may also, by order, direct the
| 24 | | consolidation of an indictment returned by a county grand jury | 25 | | with an
indictment returned by the Statewide Grand Jury and |
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| 1 | | set venue for trial.
| 2 | | (b) Venue for purposes of trial for the offense of | 3 | | narcotics
racketeering shall be proper in any county where:
| 4 | | (1) Cannabis or a controlled substance which is the | 5 | | basis for the charge
of narcotics racketeering was used; | 6 | | acquired; transferred or distributed
to, from or through; | 7 | | or any county where any act was performed to further
the | 8 | | use; acquisition, transfer or distribution of said | 9 | | cannabis or
controlled substance; or
| 10 | | (2) Any money, property, property interest, or any | 11 | | other asset generated
by narcotics activities was | 12 | | acquired, used, sold, transferred or
distributed to, from | 13 | | or through; or,
| 14 | | (3) Any enterprise interest obtained as a result of | 15 | | narcotics
racketeering was acquired, used, transferred or | 16 | | distributed to, from or
through, or where any activity was | 17 | | conducted by the enterprise or any
conduct to further the | 18 | | interests of such an enterprise.
| 19 | | (c) Venue for purposes of trial for the offense of money | 20 | | laundering
shall be proper in any county where any part of a | 21 | | financial transaction in
criminally derived property took | 22 | | place, or in any county where any money or
monetary interest | 23 | | which is the basis for the offense, was acquired, used,
sold, | 24 | | transferred or distributed to, from, or through.
| 25 | | (d) A person who commits the offense of cannabis | 26 | | trafficking or
controlled substance trafficking may be tried |
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| 1 | | in any county.
| 2 | | (e) Venue for purposes of trial for any violation of | 3 | | Article 29D of the
Criminal Code of 1961 or the Criminal Code | 4 | | of 2012 may be in the county in which an act of terrorism | 5 | | occurs,
the county in which material support or resources are | 6 | | provided or solicited,
the county in which criminal assistance | 7 | | is rendered, or any county in which any
act in furtherance of | 8 | | any violation of Article 29D of the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012
occurs.
| 10 | | (f) Venue for purposes of trial for any offense
involving | 11 | | the corruption of a public official may be in any county in | 12 | | which any portion of the offense occurred. | 13 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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