Public Act 93-0579

SB1785 Enrolled                      LRB093 08648 WGH 08876 b

    AN ACT concerning whistleblower protection.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Whistleblower Reward and Protection Act
is amended by changing Section 6 as follows:

    (740 ILCS 175/6) (from Ch. 127, par. 4106)
    Sec. 6.  Subpoenas.  Civil investigative demands.
    (a)  In general.
         (1)  Issuance and service.   Whenever  the  Attorney
    General  has  reason to believe that any person may be in
    possession,  custody,  or  control  of  any   documentary
    material or information relevant to an investigation, the
    Attorney   General   may,   before   commencing  a  civil
    proceeding under this Act, issue in writing and cause  to
    be   served   upon   such   person,   a   subpoena  civil
    investigative demand requiring such person:
              (A)  to produce such documentary  material  for
         inspection and copying,
              (B)  to    answer,    in    writing,    written
         interrogatories  with  respect  to  such documentary
         material or information,
              (C)  to give  oral  testimony  concerning  such
         documentary material or information, or
              (D)  to   furnish   any   combination  of  such
         material, answers, or testimony.
    The Attorney General may shall delegate the authority  to
    issue  subpoenas  civil  investigative demands under this
    subsection (a) to the Department of State Police  subject
    to conditions as the Attorney General deems appropriate.
    Whenever  a  subpoena  civil  investigative  demand is an
    express demand for any product of discovery, the Attorney
    General or his or her  delegate,  an  Assistant  Attorney
    General or the delegate of the Department of State Police
    shall  cause  to  be  served, in any manner authorized by
    this Section, a copy of such demand upon the person  from
    whom  the  discovery  was  obtained  and shall notify the
    person to whom such demand is issued of the date on which
    such copy was served.
         (2)  Contents  and  deadlines.   (A)  Each  subpoena
    civil investigative demand issued under paragraph (1):
              (A)  Shall state  the  nature  of  the  conduct
         constituting  an  alleged  violation  that  is under
         investigation and the applicable  provision  of  law
         alleged to be violated.
              (B)  Shall  identify the individual causing the
         subpoena to be served  and  to  whom  communications
         regarding the subpoena should be directed.
              (C)  Shall  state  the date, place, and time at
         which the person  is  required  to  appear,  produce
         written    answers   to   interrogatories,   produce
         documentary material or  give  oral  testimony.  The
         date shall not be less than 10 days from the date of
         service   of   the  subpoena.  Compliance  with  the
         subpoena shall be at  the  Office  of  the  Attorney
         General   in   either  the  Springfield  or  Chicago
         location or at other location by agreement.
              (D)  If  the  subpoena   is   for   documentary
         material  or  interrogatories,  shall  describe  the
         documents or information requested with specificity.
              (E)  Shall notify the person of the right to be
         assisted by counsel.
              (F)  Shall  advise  that the person has 20 days
         from the date of service or up until the return date
         specified in the demand, whichever date is  earlier,
         to  move, modify, or set aside the subpoena pursuant
         to subparagraph (j)(2)(A)  of  this  Section.  shall
         state  the  nature  of  the conduct constituting and
         alleged violation which is under investigation,  and
         the  applicable  provision  of  law  alleged  to  be
         violated.
              (B)  If  such  demand  is for the production of
         documentary material, the demand shall:
                   (i)  describe each  class  of  documentary
              material  to be produced with such definiteness
              and certainty as to permit such material to  be
              fairly identified;
                   (ii)  prescribe  a  return  date  for each
              such class  which  will  provide  a  reasonable
              period  of  time  within  which the material so
              demanded may be assembled  and  made  available
              for inspection and copying; and
                   (iii)  identify  the  investigator to whom
              such material shall be made available.
              (C)  If such demand is for answers  to  written
         interrogatories, the demand shall:
                   (i)  set   forth   with   specificity  the
              written interrogatories to be answered;
                   (ii)  prescribe  dates   at   which   time
              answers  to  written  interrogatories  shall be
              submitted; and
                   (iii)  identify the investigator  to  whom
              such answers shall be submitted.
              (D)  If  such  demand is for the giving of oral
         testimony, the demand shall:
                   (i)  prescribe a date, time, and place  at
              which oral testimony shall be commenced;
                   (ii)  identify  an  investigator who shall
              conduct the examination and  the  custodian  to
              whom  the  transcript of such examination shall
              be submitted;
                   (iii)  specify that  such  attendance  and
              testimony  are  necessary to the conduct of the
              investigation;
                   (iv)  notify  the  person  receiving   the
              demand  of  the  right  to be accompanied by an
              attorney and any other representative; and
                   (v)  describe  the  general  purpose   for
              which  the  demand  is  being  issued  and  the
              general  nature of the testimony, including the
              primary areas of inquiry, which will  be  taken
              pursuant to the demand.
              (E)  Any   civil  investigative  demand  issued
         under this Section which is an  express  demand  for
         any  product  of  discovery shall not be returned or
         returnable until 20 days after a copy of such demand
         has been  served  upon  the  person  from  whom  the
         discovery was obtained.
              (F)  The  date  prescribed for the commencement
         of oral testimony pursuant to a civil  investigative
         demand  issued  under  this  Section shall be a date
         which is not less than 7  days  after  the  date  on
         which   demand  is  received,  unless  the  Attorney
         General or an Assistant Attorney General  designated
         by  the  Attorney  General  or  the  delegate of the
         Department   of   State   Police   determines   that
         exceptional circumstances are present which  warrant
         the  commencement  of such testimony within a lesser
         period of time.
              (G)  The Attorney General or  the  delegate  of
         the  Department  of State Police shall not authorize
         the issuance under this Section  of  more  than  one
         civil investigative demand for oral testimony by the
         same  person unless the person requests otherwise or
         unless the Attorney General or the delegate  of  the
         Department  of  State  Police,  after investigation,
         notifies that person in writing that  an  additional
         demand   for   oral  testimony  is  necessary.   The
         Attorney General shall authorize the performance  by
         the  delegate  of  the Department of State Police of
         any function vested in the  Attorney  General  under
         this subparagraph (G).
    (b)  Protected material or information.
         (1)  In  general.   A  subpoena  civil investigative
    demand issued under subsection (a) may  not  require  the
    production of any documentary material, the submission of
    any  answers to written interrogatories, or the giving of
    any   oral   testimony  if  such  material,  answers,  or
    testimony would be protected from disclosure under:
              (A)  the standards applicable to  subpoenas  or
         subpoenas  duces  tecum  issued  by  a court of this
         State to aid in a grand jury investigation; or
              (B)  the  standards  applicable  to   discovery
         requests  under  the Code of Civil Procedure, to the
         extent that the application of such standards to any
         such subpoena demand is appropriate  and  consistent
         with the provisions and purposes of this Section.
         (2)  Effect  on  other orders, rules, and laws.  Any
    such subpoena demand which is an express demand  for  any
    product  of  discovery supersedes any inconsistent order,
    rule, or provision  of  law  (other  than  this  Section)
    preventing  or  restraining disclosure of such product of
    discovery to any person. Disclosure  of  any  product  of
    discovery  pursuant  to  any such subpoena express demand
    does not constitute a waiver of any  right  or  privilege
    which  the  person making such disclosure may be entitled
    to  invoke  to  resist  discovery  of  trial  preparation
    materials.
    (c)  Service  in  general;  jurisdiction.   (1)  By  whom
served. Any subpoena civil investigative demand issued  under
subsection  (a)  may be served by any person so authorized by
the Attorney  General  an  investigator,  or  by  any  person
authorized  to  serve process on individuals within Illinois,
through any method prescribed in the Code of Civil  Procedure
or as otherwise set forth in this Act.
         (2)  Service  in  foreign countries. Any such demand
    or any petition filed under subsection (j) may be  served
    upon  any person who is not found within Illinois in such
    manner as the Code  of  Civil  Procedure  prescribes  for
    service  of  process outside Illinois. To the extent that
    the courts of this State can assert jurisdiction over any
    such  person consistent with due process, the  courts  of
    this  State  shall have the same jurisdiction to take any
    action respecting compliance with  this  Section  by  any
    such  person  that  such  court would have if such person
    were personally within the jurisdiction of such court.
    (d)  Service upon legal entities and natural persons.
         (1)  Legal entities.  Service of any subpoena  civil
    investigative  demand  issued  under subsection (a) or of
    any petition filed under subsection (j) may be made  upon
    a  partnership,  corporation, association, or other legal
    entity by:
              (A)  delivering  an  executed  copy   of   such
         subpoena   demand   or   petition  to  any  partner,
         executive officer, managing agent, general agent, or
         registered agent of  the  partnership,  corporation,
         association or entity;
              (B)  delivering   an   executed  copy  of  such
         subpoena demand or petition to the principal  office
         or   place   of   business   of   the   partnership,
         corporation, association, or entity; or
              (C)  depositing   an   executed  copy  of  such
         subpoena demand or petition  in  the  United  States
         mails by registered or certified mail, with a return
         receipt  requested,  addressed  to such partnership,
         corporation, association, or entity as its principal
         office or place of business.
         (2)  Natural person. Service of  any  such  subpoena
    demand  or  petition  may be made upon any natural person
    by:
              (A)  delivering  an  executed  copy   of   such
         subpoena demand or petition to the person; or
              (B)  depositing   an   executed  copy  of  such
         subpoena demand or petition  in  the  United  States
         mails by registered or certified mail, with a return
         receipt  requested,  addressed  to the person at the
         person's residence or principal office or  place  of
         business.
    (e)  Proof   of   service.   A  verified  return  by  the
individual serving any subpoena  civil  investigative  demand
issued  under  subsection  (a)  or  any  petition filed under
subsection (j) setting forth the manner of such service shall
be  proof  of  such  service.  In  the  case  of  service  by
registered  or  certified  mail,   such   return   shall   be
accompanied  by the return post office receipt of delivery of
such subpoena demand.
    (f)  Documentary material.
         (1)  Sworn   certificates.    The   production    of
    documentary  material  in  response  to  a subpoena civil
    investigative demand served under this Section  shall  be
    made  under  a  sworn  certificate,  in  such form as the
    subpoena demand designates, by:
              (A)  in the  case  of  a  natural  person,  the
         person to whom the subpoena demand is directed, or
              (B)  in  the  case  of  a  person  other than a
         natural person, a person  having  knowledge  of  the
         facts  and circumstances relating to such production
         and authorized to act on behalf of such person.
    The certificate shall state that all of  the  documentary
    material  required  by  the demand and in the possession,
    custody, or control of the person to  whom  the  subpoena
    demand  is  directed has been produced and made available
    to the Attorney General investigator  identified  in  the
    demand.
         (2)  Production  of  materials. Any person upon whom
    any  subpoena  civil   investigative   demand   for   the
    production  of documentary material has been served under
    this Section  shall  make  such  material  available  for
    inspection   and   copying   to   the   Attorney  General
    investigator identified  in  such  demand  at  the  place
    designated in the subpoena principal place of business of
    such  person,  or  at  such  other  place as the Attorney
    General investigator and the person thereafter may  agree
    and  prescribe  in  writing,  or  as the court may direct
    under subsection (j)(1).  Such material shall be made  so
    available  on  the return date specified in such subpoena
    demand, or on such later date  as  the  Attorney  General
    investigator  may prescribe in writing.  Such person may,
    upon  written  agreement  between  the  person  and   the
    Attorney  General  investigator,  substitute  copies  for
    originals of all or any part of such material.
    (g)  Interrogatories.   Each  interrogatory in a subpoena
civil investigative demand served under this Section shall be
answered separately and fully in writing under oath and shall
be submitted under a sworn certificate, in such form  as  the
subpoena demand designates by:
         (1)  in  the case of a natural person, the person to
    whom the subpoena demand is directed, or
         (2)  in the case of a person other  than  a  natural
    person,  the  person or persons responsible for answering
    each interrogatory.
If any interrogatory is objected  to,  the  reasons  for  the
objection  shall  be  stated in the certificate instead of an
answer.  The certificate shall  state  that  all  information
required  by  the  subpoena  demand  and  in  the possession,
custody, control, or knowledge of  the  person  to  whom  the
demand  is  directed  has been submitted.  To the extent that
any information is not furnished, the  information  shall  be
identified and reasons set forth with particularity regarding
the reasons why the information was not furnished.
    (h)  Oral examinations.
         (1)  Procedures.   The  examination  of  any  person
    pursuant  to  a  subpoena  civil investigative demand for
    oral testimony served under this Section shall  be  taken
    before  an  officer  authorized  to  administer oaths and
    affirmations by the laws of this State or  of  the  place
    where  the  examination is held.  The officer before whom
    the testimony is to be taken shall  put  the  witness  on
    oath  or  affirmation and shall, personally or by someone
    acting under the direction of  the  officer  and  in  the
    officer's  presence, record the testimony of the witness.
    The testimony shall be taken stenographically  and  shall
    be transcribed.  When the testimony is fully transcribed,
    the  officer  before  whom  the  testimony is taken shall
    promptly transmit a certified copy of the  transcript  of
    the  testimony in accordance with the instructions of the
    Attorney General to the custodian.  This subsection shall
    not  preclude  the  taking  of  testimony  by  any  means
    authorized by, and in a manner consistent with, the  Code
    of Civil Procedure.
         (2)  Persons  present.  The  investigator conducting
    the examination shall exclude from the  place  where  the
    examination  is held all persons except the person giving
    the  testimony,  the   attorney   for   and   any   other
    representative  of  the  person giving the testimony, the
    attorney for the State, any person who may be agreed upon
    by the attorney for the State and the person  giving  the
    testimony, the officer before whom the testimony is to be
    taken, and any stenographer taking such testimony.
         (3)  Where  testimony  taken.  The oral testimony of
    any  person  taken   pursuant   to   a   subpoena   civil
    investigative  demand  served under this Section shall be
    taken in the county within which such person resides,  is
    found,  or  transacts business, or in such other place as
    may be agreed upon by the Attorney  General  investigator
    conducting the examination and such person.
         (4)  Transcript of testimony.  When the testimony is
    fully  transcribed,  the Attorney General investigator or
    the officer before whom  the  testimony  is  taken  shall
    afford  the witness, who may be accompanied by counsel, a
    reasonable opportunity to review and correct examine  and
    read   the  transcript,  in  accordance  with  the  rules
    applicable to deposition witnesses in civil  cases.  Upon
    payment of reasonable charges, the Attorney General shall
    furnish  a  copy of the transcript to the witness, except
    that the Attorney General may, for good cause, limit  the
    witness  to  inspection of the official transcript of the
    witness' testimony. unless such examination  and  reading
    are  waived  by  the  witness.   Any  changes  in form or
    substance which the witness  desires  to  make  shall  be
    entered and identified upon the transcript by the officer
    or  the  investigator,  with  a  statement of the reasons
    given by  the  witness  for  making  such  changes.   The
    transcript  shall  then  be signed by the witness, unless
    the witness in writing waives the signing, is ill, cannot
    be found, or refuses to sign.  If the transcript  is  not
    signed by the witness within 30 days after being afforded
    a  reasonable  opportunity  to examine it, the officer of
    investigator shall sign it and state on  the  record  the
    fact  of  the waiver, illness, absence of the witness, or
    the refusal to sign, together with the reasons,  if  any,
    given therefor.
         (5)  Certification  and  delivery to custodian.  The
    officer before whom the testimony is taken shall  certify
    on  the  transcript  that  the  witness  was sworn by the
    officer and that the transcript is a true record  of  the
    testimony  given  by  the  witness,  and  the  officer or
    investigator shall promptly deliver  the  transcript,  or
    send  the  transcript by registered or certified mail, to
    the custodian.
         (6)  Furnishing  or  inspection  of  transcript   by
    witness. Upon payment of reasonable charges therefor, the
    investigator  shall  furnish  a copy of the transcript to
    the witness only, except that the  Attorney  General,  an
    Assistant  Attorney General or employee of the Department
    of State Police may, for good cause, limit  such  witness
    to  inspection of the official transcript of the witness'
    testimony.
         (5) (7)  Conduct of oral testimony.
              (A)  Any person compelled to  appear  for  oral
         testimony   under  a  subpoena  civil  investigative
         demand  issued   under   subsection   (a)   may   be
         accompanied,  represented,  and  advised by counsel,
         who  may  raise  objections  based  on  matters   of
         privilege in accordance with the rules applicable to
         depositions  in civil cases. Counsel may advise such
         person, in confidence, with respect to any  question
         asked  of  such  person.  Such person or counsel may
         object on the record to any question, in whole or in
         part, and shall briefly state  for  the  record  the
         reason  for the objection. An objection may be made,
         received, and entered upon the  record  when  it  is
         claimed  that  such  person is entitled to refuse to
         answer  the  question  on   the   grounds   of   any
         constitutional  or  other  legal right or privilege,
         including the privilege against  self-incrimination.
         If  such  person  refuses  to answer any question, a
         petition  may  be  filed  in  circuit  court   under
         subsection  (j)(1)  for  an  order  compelling  such
         person to answer such question.
              (B)  If such person refuses any question on the
         grounds of the privilege against self-incrimination,
         the  testimony  of  such  person may be compelled in
         accordance with Article 106 of the Code of  Criminal
         Procedure of 1963.
         (6)  (8)  Witness  fees  and  allowances. Any person
    appearing for  oral  testimony  under  a  subpoena  civil
    investigative demand issued under subsection (a) shall be
    entitled  to  the same fees and allowances which are paid
    to witnesses in the circuit court.
    (i)  Custodians of documents, answers, and transcripts.
         (1)  Designation. The Attorney General or his or her
    delegate shall designate the Department of  State  Police
    to serve as custodian of documentary material, answers to
    interrogatories,   and   transcripts  of  oral  testimony
    received  under  this  Section.   and   shall   designate
    additional employees of the Department of State Police as
    the  Attorney  General determines from time to time to be
    necessary to serve as deputies to the custodian.
         (2)  Responsibility for materials; disclosure.
              (A)  An   investigator   who    receives    any
         documentary material, answers to interrogatories, or
         transcripts  of  oral  testimony  under this Section
         shall transmit them to the custodian. The  custodian
         shall  take  physical  possession  of such material,
         answers, or transcripts and shall be responsible for
         the  use  made  of  them  and  for  the  return   of
         documentary material under paragraph (4).
              (B)  The custodian may cause the preparation of
         such copies of such documentary material, answers to
         interrogatories, or transcripts of oral testimony as
         may   be   required   for   official   use   by  any
         investigator, or other officer or  employee  of  the
         Attorney  General  or  employee of the Department of
         State Police who is authorized for  such  use  under
         regulations  which the Attorney General shall issue.
         Such material, answers, and transcripts may be  used
         by any such authorized investigator or other officer
         or  employee  in  connection with the taking of oral
         testimony under this Section.
         (2)  (C)  Except  as  otherwise  provided  in   this
    Section  subsection (i), no documentary material, answers
    to interrogatories, or transcripts of oral testimony,  or
    copies thereof, while in the possession of the custodian,
    shall  be  available  for  examination by any individual,
    except as determined necessary by  the  Attorney  General
    and  subject  to the conditions imposed by him or her for
    effective enforcement of the laws of this  State,  or  as
    otherwise   provided   by  court  order.  other  than  an
    investigator or other officer or employee of the Attorney
    General or employee of the  Department  of  State  Police
    authorized under subparagraph (B). The prohibition in the
    preceding  sentence  on  the  availability  of  material,
    answers,  or  transcripts  shall  not apply if consent is
    given by the person who produced such material,  answers,
    or  transcripts,  or,  in  the  case  of  any  product of
    discovery produced pursuant to an express demand for such
    material, consent is given by the person  from  whom  the
    discovery  was  obtained. Nothing in this subparagraph is
    intended to prevent disclosure to the  General  Assembly,
    including  any  committee  or subcommittee of the General
    Assembly, or to any other State agency for  use  by  such
    agency  in furtherance of its statutory responsibilities.
    Disclosure of information to any such other agency  shall
    be  allowed  only  upon application, made by the Attorney
    General to a circuit court, showing substantial need  for
    the  use of the information by such agency in furtherance
    of its statutory responsibilities.
              (D)  While in the possession of  the  custodian
         and  under  such  reasonable terms and conditions as
         the Attorney General shall prescribe:
                   (i)  documentary material and  answers  to
              interrogatories    shall   be   available   for
              examination by the  person  who  produced  such
              material or answers, or by a representative for
              that   person  authorized  by  that  person  to
              examine such material and answers; and
                   (ii)  transcripts of oral testimony  shall
              be  available for examination by the person who
              produced such testimony, or by a representative
              of that person authorized  by  that  person  to
              examine such transcripts.
         (3)  Use  of  material,  answers,  or transcripts in
    other proceedings. Whenever any attorney of the office of
    the  Attorney  General,  or  State's  Attorney   upon   a
    referral, has been designated to appear before any court,
    grand  jury,  or  State agency in any case or proceeding,
    the custodian of any  documentary  material,  answers  to
    interrogatories,   or   transcripts   of  oral  testimony
    received under this Section may deliver to such  attorney
    such  material,  answers, or transcripts for official use
    in connection with any such case or  proceeding  as  such
    attorney  determines to be required.  Upon the completion
    of any such  case  or  proceeding,  such  attorney  shall
    return  to  the  custodian any such material, answers, or
    transcripts so delivered which have not passed  into  the
    control  of  such  court,  grand  jury, or agency through
    introduction into the record of such case or proceeding.
         (3) (4)  Conditions for return of material.  If  any
    documentary  material  has been produced by any person in
    the course of any investigation pursuant  to  a  subpoena
    civil investigative demand under this Section and:
              (A)  any case or proceeding before the court or
         grand jury arising out of such investigation, or any
         proceeding  before  any  State agency involving such
         material, has been completed, or
              (B)  no  case  or  proceeding  in  which   such
         material  may  be  used  has been commenced within a
         reasonable time after completion of the  examination
         and  analysis  of all documentary material and other
         information  assembled  in  the   course   of   such
         investigation,
    the  custodian  shall, upon written request of the person
    who produced such material, return  to  such  person  any
    such   material  (other  than  copies  furnished  to  the
    investigator under subsection  (f)(2)  or  made  for  the
    Attorney  General  or employee of the Department of State
    Police under paragraph (2)(B)) which has not passed  into
    the  control  of any court, grand jury, or agency through
    introduction into the record of such case or proceeding.
         (5)  Appointment of successor  custodians.   In  the
    event  of  the  death,  disability,  or  separation  from
    service   in  the  Department  of  State  Police  of  the
    custodian  of  any  documentary  material,   answers   to
    interrogatories,   or   transcripts   of  oral  testimony
    produced pursuant to a civil investigative  demand  under
    this  Section,  or in the event of the official relief of
    such custodian from responsibility for  the  custody  and
    control  of  such  material, answers, or transcripts, the
    Attorney General shall promptly:
              (A)  designate   another   employee   of    the
         Department  of State Police to serve as custodian of
         such material, answers, or transcripts, and
              (B)  transmit in  writing  to  the  person  who
         produced such material, answers, or testimony notice
         of  the  identity  and  address  of the successor so
         designated.
    Any person who is designated to be a successor under this
    paragraph (5) shall have, with regard to  such  material,
    answers,    or   transcripts,   the   same   duties   and
    responsibilities as were imposed  by  this  Section  upon
    that  person's  predecessor  in  office,  except that the
    successor shall not be held responsible for  any  default
    or dereliction which occurred before that designation.
    (j)  Judicial proceedings.
         (1)  Petition  for  enforcement. Whenever any person
    fails to comply with  any  subpoena  civil  investigative
    demand   issued   under   subsection   (a),  or  whenever
    satisfactory copying  or  reproduction  of  any  material
    requested  in  such demand cannot be done and such person
    refuses to surrender such material, the Attorney  General
    may  file,  in  the  circuit court of any county in which
    such person resides, is found, or transacts business,  or
    the  circuit court of the county in which an action filed
    pursuant to Section 4 of  this  Act  is  pending  if  the
    action  relates to the subject matter of the subpoena and
    serve upon such person a petition for an  order  of  such
    court   for   the   enforcement  of  the  subpoena  civil
    investigative demand.
         (2)  Petition  to  modify  or  set  aside   subpoena
    demand.
              (A)  Any  person  who  has  received a subpoena
         civil investigative demand issued  under  subsection
         (a)  may  file,  in  the circuit court of any county
         within which  such  person  resides,  is  found,  or
         transacts  business,  and  serve  upon  the Attorney
         General investigator identified  in  such  demand  a
         petition  for an order of the court to modify or set
         aside  such  subpoena  demand.  In  the  case  of  a
         petition addressed to  an  express  demand  for  any
         product  of  discovery,  a petition to modify or set
         aside such demand may be brought only in the circuit
         court of the county in which the proceeding in which
         such discovery was obtained is or was last  pending.
         Any  petition  under  this  subparagraph (A) must be
         filed:
                   (i)  within 20  days  after  the  date  of
              service  of  the  subpoena  civil investigative
              demand, or at any time before the  return  date
              specified  in  the  subpoena  demand, whichever
              date is earlier, or
                   (ii)  within such longer period as may  be
              prescribed  in  writing by the Attorney General
              any investigator identified in the demand.
              (B)  The petition  shall  specify  each  ground
         upon  which  the petitioner relies in seeking relief
         under subparagraph (A), and may be  based  upon  any
         failure  of  the  subpoena demand to comply with the
         provisions   of   this   Section   or    upon    any
         constitutional  or other legal right or privilege of
         such person. During the pendency of the petition  in
         the  court,  the court may stay, as it deems proper,
         the running of the time allowed for compliance  with
         the  subpoena  demand,  in  whole or in part, except
         that the person filing  the  petition  shall  comply
         with  any  portion of the subpoena demand not sought
         to be modified or set aside.
         (3)  Petition to modify  or  set  aside  demand  for
    product  of  discovery.  (A)  In the case of any subpoena
    civil investigative demand issued  under  subsection  (a)
    which  is an express demand for any product of discovery,
    the person from whom  such  discovery  was  obtained  may
    file,  in  the  circuit  court of the county in which the
    proceeding in which such discovery was obtained is or was
    last pending, and serve upon any investigator  identified
    in  the  demand  and  upon the recipient of the demand, a
    petition for an order of such  court  to  modify  or  set
    aside  those  portions  of  the subpoena demand requiring
    production of any such product of discovery,  subject  to
    the  same terms, conditions, and limitations set forth in
    subparagraph (j)(2) of this Section. Any  petition  under
    this subparagraph (A) must be filed:
                   (i)  within  20  days  after  the  date of
              service of the civil investigative  demand,  or
              at any time before the return date specified in
              the demand, whichever date is earlier, or
                   (ii)  within  such longer period as may be
              prescribed  in  writing  by  any   investigator
              identified in the demand.
              (B)  The  petition  shall  specify  each ground
         upon which the petitioner relies in  seeking  relief
         under  subparagraph  (A),  and may be based upon any
         failure of the portions of  the  demand  from  which
         relief  is  sought  to comply with the provisions of
         this Section, or upon any  constitutional  or  other
         legal  right  or privilege of the petitioner. During
         the pendency of the petition, the court may stay, as
         it deems proper, compliance with the demand and  the
         running of the time allowed from compliance with the
         demand.
         (4)  Petition to require performance by custodian of
    duties.  At  any  time  during  which any custodian is in
    custody or control of any documentary material or answers
    to  interrogatories  produced,  or  transcripts  of  oral
    testimony given, by any person  in  compliance  with  any
    civil  investigative  demand issued under subsection (a),
    such person, and in the case of an express demand for any
    product of discovery, the person from whom such discovery
    was obtained, may file,  in  the  circuit  court  of  the
    county  within  which  the  office  of  such custodian is
    situated, and serve upon such custodian, a  petition  for
    an  order of such court to require the performance by the
    custodian of any duty imposed upon the custodian by  this
    Section.
         (4)  (5)  Jurisdiction.  Whenever  any  petition  is
    filed  in  any  circuit  court under this subsection (j),
    such court shall have jurisdiction to hear and  determine
    the  matter so presented, and to enter such orders as may
    be required to carry out the provisions of this  Section.
    Any  final order so entered shall be subject to appeal in
    the same manner as appeals of other final orders in civil
    matters. Any disobedience  of  any  final  order  entered
    under  this  Section  by any court shall be punished as a
    contempt of the court.
    (k)  Disclosure  exemption.  Any  documentary   material,
answers   to   written  interrogatories,  or  oral  testimony
provided under any subpoena civil investigative demand issued
under subsection (a) shall be exempt  from  disclosure  under
the Illinois Administrative Procedure Act.
(Source: P.A. 92-651, eff. 7-11-02.)