Full Text of HB4576 096th General Assembly
HB4576 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4576
Introduced , by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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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. Provides that a Statewide Grand Jury may be convened to investigate violations of offenses involving the
corruption of a public official, including theft, fraud,
extortion or the Official Misconduct Article and the Public Contracts Article of the Criminal Code of 1961.
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A BILL FOR
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HB4576 |
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LRB096 13092 RLC 27445 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Statewide Grand Jury Act is amended by | 5 |
| changing Sections 2, 3, and 4 as follows:
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| (725 ILCS 215/2) (from Ch. 38, par. 1702)
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| 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, in | 11 |
| 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
allure | 16 |
| 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 assistance | 20 |
| from
geographically diverse sources. In
order to shut off the | 21 |
| life blood of terrorism and
weaken or eliminate the criminal | 22 |
| enterprises, assets, and
property
used to further these | 23 |
| offenses must be frozen, and any profit must be
removed. State
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HB4576 |
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LRB096 13092 RLC 27445 b |
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| statutes exist that can accomplish that goal. Among them are | 2 |
| the offense of
money laundering, the Cannabis and Controlled | 3 |
| Substances Tax Act, violations
of Articles Article 29D , 33, and | 4 |
| 33E of the Criminal Code of 1961, the
Narcotics Profit | 5 |
| Forfeiture Act, and gunrunning. Local prosecutors need
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| investigative personnel and specialized training to attack and | 7 |
| eliminate these
profits. In light of the transitory and complex | 8 |
| nature of conduct that
constitutes these criminal activities, | 9 |
| the many diverse property interests that
may be used, acquired | 10 |
| directly or indirectly as a result of these criminal
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| activities, and the many places that illegally obtained | 12 |
| property may be
located, it is the purpose of this Act to | 13 |
| create a limited, multicounty
Statewide Grand Jury with | 14 |
| authority to investigate, indict, and prosecute:
narcotic | 15 |
| activity, including cannabis and controlled substance | 16 |
| trafficking,
narcotics racketeering, money laundering, | 17 |
| violations of the Cannabis
and
Controlled Substances Tax Act, | 18 |
| and violations of Articles Article 29D , 33, and 33E of the | 19 |
| Criminal
Code of 1961; public corruption crimes; the unlawful | 20 |
| sale and transfer of firearms;
gunrunning; and streetgang | 21 |
| related felonies.
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| (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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HB4576 |
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LRB096 13092 RLC 27445 b |
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| juvenile pimping, or child pornography.
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| (Source: P.A. 91-225, eff. 1-1-00; 92-854, eff. 12-5-02.)
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| (725 ILCS 215/3) (from Ch. 38, par. 1703)
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| Sec. 3. Written application for the appointment of a | 5 |
| Circuit
Judge to convene and preside over a Statewide Grand | 6 |
| Jury, with jurisdiction
extending throughout the State, shall | 7 |
| be made to the Chief Justice of the
Supreme Court. Upon such | 8 |
| written application, the Chief Justice of the
Supreme Court | 9 |
| shall appoint a Circuit Judge from the circuit where the
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| Statewide Grand Jury is being sought to be convened, who shall | 11 |
| make a
determination that the convening of a Statewide Grand | 12 |
| Jury is necessary.
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| In such application the Attorney General shall state that | 14 |
| the convening
of a Statewide Grand Jury is necessary because of | 15 |
| an alleged offense or
offenses set forth in this Section | 16 |
| involving more than one county of the
State and identifying any | 17 |
| such offense alleged; and
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| (a) that he or she believes that the grand jury | 19 |
| function for the
investigation and indictment of the | 20 |
| offense or offenses cannot effectively be
performed by a | 21 |
| county grand jury together with the reasons for such
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| belief, and
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| (b)(1) that each State's Attorney with jurisdiction | 24 |
| over an offense
or offenses to be investigated has | 25 |
| consented to the impaneling of the
Statewide Grand |
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| Jury, or
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| (2) if one or more of the State's Attorneys having | 3 |
| jurisdiction over
an offense or offenses to be | 4 |
| investigated fails to consent to the impaneling
of the | 5 |
| Statewide Grand Jury, the Attorney General shall set | 6 |
| forth good cause
for impaneling the Statewide Grand | 7 |
| Jury.
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| If the Circuit Judge determines that the convening of a | 9 |
| Statewide Grand
Jury is necessary, he or she shall convene and | 10 |
| impanel the Statewide Grand
Jury with jurisdiction extending | 11 |
| throughout the State to investigate and
return indictments:
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| (a) For violations of any of the following or for any | 13 |
| other criminal
offense committed in the course of violating | 14 |
| any of the following: Article
29D of the Criminal Code of | 15 |
| 1961, the
Illinois Controlled Substances Act, the Cannabis | 16 |
| Control Act, the Methamphetamine Control and Community | 17 |
| Protection Act, the Narcotics
Profit Forfeiture Act, or the | 18 |
| Cannabis and Controlled Substances Tax Act; a
streetgang | 19 |
| related felony offense; Section 24-2.1, 24-2.2, 24-3, | 20 |
| 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or subsection | 21 |
| 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), | 22 |
| 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a | 23 |
| money
laundering offense; provided that the violation or | 24 |
| offense involves acts
occurring in more than one county of | 25 |
| this State; and
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| (a-5) For violations facilitated by the use of a |
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LRB096 13092 RLC 27445 b |
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| computer, including
the use of the Internet, the World Wide | 2 |
| Web, electronic mail, message board,
newsgroup, or any | 3 |
| other commercial or noncommercial on-line service, of any | 4 |
| of
the following offenses: indecent solicitation of a | 5 |
| child, sexual exploitation
of a child, soliciting for a | 6 |
| juvenile prostitute, keeping a place of juvenile
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| prostitution, juvenile pimping, or child pornography; and
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| (a-6) For violations of offenses involving the
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| corruption of a public official, including theft, fraud,
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| extortion or a violation of Article 33 or 33E of the | 11 |
| Criminal Code of 1961; and
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| (b) For the offenses of perjury, subornation of | 13 |
| perjury, communicating
with jurors and witnesses, and | 14 |
| harassment of jurors and witnesses, as they
relate to | 15 |
| matters before the Statewide Grand Jury.
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| "Streetgang related" has the meaning ascribed to it in | 17 |
| Section 10 of the
Illinois Streetgang Terrorism Omnibus | 18 |
| Prevention Act.
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| Upon written application by the Attorney General for the | 20 |
| convening of an
additional Statewide Grand Jury, the Chief | 21 |
| Justice of the Supreme Court shall
appoint a Circuit Judge from | 22 |
| the circuit for which the additional Statewide
Grand Jury is | 23 |
| sought. The Circuit Judge shall determine the necessity for
an | 24 |
| additional Statewide Grand Jury in accordance with the | 25 |
| provisions of this
Section. No more than 2 Statewide Grand | 26 |
| Juries may be empaneled at any time.
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HB4576 |
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LRB096 13092 RLC 27445 b |
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| (725 ILCS 215/4) (from Ch. 38, par. 1704)
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| Sec. 4.
(a) The presiding judge of the Statewide Grand Jury | 4 |
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receive recommendations from the Attorney General as to | 5 |
| the county in which
the Grand Jury will sit. Prior to making | 6 |
| the recommendations, the Attorney
General shall obtain the | 7 |
| permission of the local State's Attorney to use
his or her | 8 |
| county for the site of the Statewide Grand Jury. Upon receiving
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| the Attorney General's recommendations, the presiding judge | 10 |
| will choose one
of those recommended locations as the site | 11 |
| where the Grand Jury shall sit.
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| Any indictment by a Statewide Grand Jury shall be returned | 13 |
| to the
Circuit Judge presiding over the Statewide Grand Jury | 14 |
| and shall include a
finding as to the county or counties in | 15 |
| which the alleged offense was
committed. Thereupon, the judge | 16 |
| shall, by order, designate the county of
venue for the purpose | 17 |
| of trial. The judge may also, by order, direct the
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| consolidation of an indictment returned by a county grand jury | 19 |
| with an
indictment returned by the Statewide Grand Jury and set | 20 |
| venue for trial.
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| (b) Venue for purposes of trial for the offense of | 22 |
| narcotics
racketeering shall be proper in any county where:
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| (1) Cannabis or a controlled substance which is the | 24 |
| basis for the charge
of narcotics racketeering was used; | 25 |
| acquired; transferred or distributed
to, from or through; |
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LRB096 13092 RLC 27445 b |
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| or any county where any act was performed to further
the | 2 |
| use; acquisition, transfer or distribution of said | 3 |
| cannabis or
controlled substance; or
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| (2) Any money, property, property interest, or any | 5 |
| other asset generated
by narcotics activities was | 6 |
| acquired, used, sold, transferred or
distributed to, from | 7 |
| or through; or,
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| (3) Any enterprise interest obtained as a result of | 9 |
| narcotics
racketeering was acquired, used, transferred or | 10 |
| distributed to, from or
through, or where any activity was | 11 |
| conducted by the enterprise or any
conduct to further the | 12 |
| interests of such an enterprise.
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| (c) Venue for purposes of trial for the offense of money | 14 |
| laundering
shall be proper in any county where any part of a | 15 |
| financial transaction in
criminally derived property took | 16 |
| place, or in any county where any money or
monetary interest | 17 |
| which is the basis for the offense, was acquired, used,
sold, | 18 |
| transferred or distributed to, from, or through.
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| (d) A person who commits the offense of cannabis | 20 |
| trafficking or
controlled substance trafficking may be tried in | 21 |
| any county.
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| (e) Venue for purposes of trial for any violation of | 23 |
| Article 29D of the
Criminal Code of 1961 may be in the county | 24 |
| in which an act of terrorism occurs,
the county in which | 25 |
| material support or resources are provided or solicited,
the | 26 |
| county in which criminal assistance is rendered, or any county |
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HB4576 |
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LRB096 13092 RLC 27445 b |
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| in which any
act in furtherance of any violation of Article 29D | 2 |
| of the Criminal Code of 1961
occurs.
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| (f) Venue for purposes of trial for any offense
involving | 4 |
| the corruption of a public official may be in the county in | 5 |
| which the offense occurred. | 6 |
| (Source: P.A. 92-854, eff. 12-5-02.)
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