State of Illinois
90th General Assembly
Legislation

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90_HR0089ham001

                                           LRB9002247YYzzam03
 1                  AMENDMENT TO HOUSE RESOLUTION 89
 2        AMENDMENT  NO.      .   Amend  House  Resolution  89   by
 3    replacing lines 2 through 31 on page 1 and lines 1 through 29
 4    on page 2 with the following:
 5        "WHEREAS,  Allegations  have  been  raised  regarding the
 6    conduct of Supreme Court Chief Justice James D. Heiple; and
 7        WHEREAS, Section 14 of Article  IV  of  the  Constitution
 8    provides that the House of Representatives has the sole power
 9    to   conduct  legislative  investigations  to  determine  the
10    existence of cause for impeachment and,  by  the  vote  of  a
11    majority  of  the members elected, to impeach  Executive  and
12    Judicial officers; therefore be it
13        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
14    NINETIETH  GENERAL  ASSEMBLY OF THE STATE OF ILLINOIS, that a
15    Special Investigative Committee be created for the purpose of
16    investigating the conduct  of  Supreme  Court  Chief  Justice
17    James  D.  Heiple,  including  the  matter  currently pending
18    before the Illinois Courts Commission and  any  other  matter
19    that may come before the Special Investigative Committee, and
20    making  a  recommendation  as to whether cause exists for his
21    impeachment; and be it further
22        RESOLVED, That the Special Investigative Committee  shall
                            -2-            LRB9002247YYzzam03
 1    consist  of 10 legislative members, with  5  members  of  the
 2    House  of  Representatives  appointed  by  the Speaker of the
 3    House of Representatives and  5  members  of  the   House  of
 4    Representatives appointed by the Minority Leader of the House
 5    of Representatives; and be it further
 6        RESOLVED,    That   the   Speaker   of   the   House   of
 7    Representatives and the  Minority  Leader  of  the  House  of
 8    Representatives  shall  each designate one appointee to serve
 9    as a co-chairperson; and be it further
10        RESOLVED, That the appointments of the  members  and  the
11    designation   of   the   co-chairpersons   of   the   Special
12    Investigative    Committee   shall   be  transmitted  by  the
13    appointing authority in writing to the Clerk of the House  of
14    Representatives; and be it further
15        RESOLVED,  That  the  Special  Investigative Committee is
16    empowered to meet, upon the proper appointment of a  majority
17    of  the members, in accordance with the House Rules; that all
18    meetings shall be public; that advance notice of all meetings
19    shall  be  given  to  the  public;  and  that   the   Special
20    Investigative   Committee   may  gather  evidence   and  hear
21    testimony at  any  location  within  the  State  of  Illinois
22    designated by the co-chairpersons; and be it further
23        RESOLVED,  That  the  Special  Investigative Committee is
24    empowered to adopt rules to govern the proceedings before  it
25    and shall be guided by the rules of evidence of this State in
26    order to ensure a fair hearing, a thorough investigation, and
27    the  provision of due process; that the Special Investigative
28    Committee shall have the power to  administer  oaths  and  to
29    compel  the  attendance  and  testimony  of  persons  and the
30    production of papers, documents, and  other  evidence,  under
31    oath,  by  subpoena  signed  by  the  Speaker of the House of
32    Representatives and  attested by the Clerk of  the  House  of
                            -3-            LRB9002247YYzzam03
 1    Representatives when the testimony, documents, or evidence is
 2    necessary  for  or  incident  to  any inquiry relevant to the
 3    business or purposes of the Special Investigative  Committee,
 4    and to punish any person for the neglect, refusal to  appear,
 5    or  failure   to   produce  papers  or  documents  or provide
 6    evidence commanded  by  subpoena  or  who,  upon  appearance,
 7    either  with  or  without  subpoena,  refuses to be  sworn or
 8    testify or produce papers, documents, or evidence demanded of
 9    him or her; and be it further
10        RESOLVED, That, upon the completion of the investigation,
11    the Special Investigative Committee  shall  submit  a   final
12    report    and   its   recommendations   to   the   House   of
13    Representatives by  filing a copy with the Clerk of the House
14    of Representatives on or before May 12, 1997.".

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