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92_HB3940
LRB9214092RCcd
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 112-4 as follows:
6 (725 ILCS 5/112-4) (from Ch. 38, par. 112-4)
7 Sec. 112-4. Duties of Grand Jury and State's Attorney.)
8 (a) The Grand Jury shall hear all evidence presented by the
9 State's Attorney.
10 (b) The Grand Jury has the right to subpoena and
11 question any person against whom the State's Attorney is
12 seeking a Bill of Indictment, or any other person, and to
13 obtain and examine any documents or transcripts relevant to
14 the matter being prosecuted by the State's Attorney. Before
15 Prior to the commencement of its duties and, again, before
16 the consideration of each matter or charge before the Grand
17 Jury, the State's Attorney shall inform the Grand Jury of
18 these rights. In cases where the initial charge has been
19 commenced by information or complaint and a finding of no
20 probable cause has resulted as to any offense charged
21 therein, the Grand Jury shall be informed of the finding
22 entered at the preliminary hearing and further advised that
23 such finding shall not bar the State from initiating new
24 charges by indictment, information or complaint if the
25 State's Attorney has reasonable grounds to believe that the
26 evidence available at that time is sufficient to establish
27 probable cause. In such cases, the Grand Jury shall be
28 further advised that it has the right to subpoena and
29 question any witness who testified at the preliminary
30 hearing, or who is believed to have knowledge of such
31 offense, and of its right to obtain and examine the testimony
-2- LRB9214092RCcd
1 heard at the preliminary hearing, either through the
2 production of a transcript of the proceedings, or through the
3 verbatim testimony of the court reporter who attended the
4 preliminary hearing. The State's Attorney shall file an
5 affidavit as part of the Grand Jury record indicating whether
6 the jurors were advised of such previous findings of no
7 probable cause and of their rights based upon such previous
8 finding.
9 Any person subpoenaed who is already charged with an
10 offense or against whom the State's Attorney is seeking a
11 Bill of Indictment shall have the right to be accompanied by
12 counsel who shall advise him of his rights during the
13 proceedings but may not participate in any other way. Before
14 any testimony is given by such a person, he shall be informed
15 that he has the right to refuse to answer any question that
16 will tend to incriminate him, that anything he says may be
17 used against him in a court of law, that he has the right to
18 be accompanied and advised of his rights by counsel, and that
19 he will have counsel appointed for him if he cannot afford
20 one.
21 (c) The foreman shall preside over all hearings and
22 swear all witnesses. Except where otherwise provided by this
23 Article, the foreman may delegate duties to other grand
24 jurors and determine rules of procedure.
25 (d) If 9 grand jurors concur that the evidence before
26 them constitutes probable cause that a person has committed
27 an offense the State's Attorney shall prepare a Bill of
28 Indictment charging that person with such offense. The
29 foreman shall sign each Bill of Indictment which shall be
30 returned in open court.
31 (e) When the evidence presented to the Grand Jury does
32 not warrant the return of a Bill of Indictment, the State's
33 Attorney may prepare a written memorandum to such effect,
34 entitled, "No Bill".
-3- LRB9214092RCcd
1 (Source: P.A. 85-690.)