Illinois Compiled Statutes
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740 ILCS 10/7.2
(740 ILCS 10/7.2)
(from Ch. 38, par. 60-7.2)
(1) Whenever it appears to the Attorney General that any person has
engaged in, is engaging in, or is about to engage in any act or practice
prohibited by this Act, or that any person has assisted or participated
in any agreement or combination of the nature described herein, he may,
in his discretion, conduct an investigation as he deems necessary in
connection with the matter and has the authority prior to the
commencement of any civil or criminal action as provided for in the Act
to subpoena witnesses, and pursuant to a subpoena (i) compel their
attendance for the purpose of examining them under oath, (ii) require the
production of any books, documents, records, writings or tangible things
hereafter referred to as "documentary material" which
the Attorney General deems relevant or material to his investigation,
for inspection, reproducing or copying under such terms and conditions
as hereafter set forth, (iii) require written answers under oath to written
interrogatories, or (iv) require compliance with a combination of the
foregoing. Any subpoena issued by the Attorney General
shall contain the following information:
(a) The statute and section thereof, the alleged
violation of which is under investigation and the general subject matter of the investigation.
(b) The date and place at which time the person is
required to appear or produce documentary material in his possession, custody or control or submit answers to interrogatories in the office of the Attorney General located in Springfield or Chicago. Said date shall not be less than 10 days from date of service of the subpoena.
(c) Where documentary material is required to be
produced, the same shall be described by class so as to clearly indicate the material demanded.
The Attorney General is hereby authorized, and may so elect, to
require the production, pursuant to this section, of documentary
material or interrogatory answers prior to the taking of any testimony of
the person subpoenaed. Said documentary material shall be made available for
inspection and copying during normal business hours at the principal
place of business of the person served, or at such other time and place,
as may be agreed upon by the person served and the Attorney General.
When documentary material is demanded by subpoena, said subpoena shall
(i) contain any requirement which would be
unreasonable or improper if contained in a subpoena duces tecum issued by a court of this State; or
(ii) require the disclosure of any documentary
material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of this State.
(2) The production of documentary material in response to a subpoena served
pursuant to this Section shall be made under a sworn certificate, in such
form as the subpoena designates, by the person, if a natural person, to
whom the demand is directed or, if not a natural person, by a person or
persons having knowledge of the facts and circumstances relating to such
production, to the effect that all of the documentary material required
by the demand and in the possession, custody, or control of the person to
whom the demand is directed has been produced and made available to the
custodian. Answers to interrogatories shall be accompanied by a statement
under oath attesting to the accuracy of the answers.
While in the possession of the Attorney General and under such reasonable
terms and conditions as the Attorney General shall prescribe: (A) documentary
material shall be available for examination by the person who produced such
material or by any duly authorized representative of such person, (B)
transcript of oral testimony shall be available for examination by the person
who produced such testimony, or his or her counsel and (C) answers to
interrogatories shall be available for examination by the person who swore to
Except as otherwise provided in this Section, no documentary material,
transcripts of oral testimony, or answers to interrogatories, or copies thereof, in the possession of the
Attorney General shall be available for examination by any individual other
than an authorized employee of the Attorney General or other law enforcement
officials, federal, State, or local, without the consent of the person who produced
such material, transcripts, or interrogatory answers.
For purposes of this Section, all documentary materials, transcripts of oral testimony, or answers to interrogatories obtained by the Attorney General from other law enforcement officials shall be treated as if produced pursuant to a subpoena served pursuant to this Section for purposes of maintaining the confidentiality of such information.
(3) No person shall, with intent to avoid, evade, prevent, or obstruct
compliance in whole or in part by any person with any duly served subpoena
of the Attorney General under this Act, knowingly remove from any place,
conceal, withhold, destroy, mutilate, alter, or by any other means falsify
any documentary material that is the subject of such subpoena. A violation
of this subsection is a Class A misdemeanor. The Attorney General, with
such assistance as he may from time to time require of the State's Attorneys
in the several counties, shall investigate suspected violations of this
subsection and shall commence and try all prosecutions under this subsection.
(Source: P.A. 96-751, eff. 1-1-10; 96-1000, eff. 7-2-10.)