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Public Act 91-0947
HB4279 Enrolled LRB9111909RCdvA
AN ACT to re-enact Section 3 of the Statewide Grand Jury
Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Findings; purpose.
(a) The General Assembly finds and declares that:
(1) Public Act 89-688, effective June 1, 1997,
contained provisions amending Section 3 of the Statewide
Grand Jury Act to authorize the creation of a second
statewide grand jury. Public Act 89-688 also contained
other provisions.
(2) On October 20, 2000, in People v. Jerry Lee
Foster, Docket No. 4-99-0933, the Illinois Appellate
Court, Fourth District, ruled that Public Act 89-688
violates the single subject clause of the Illinois
Constitution (Article IV, Section 8(d)) and is therefore
unconstitutional in its entirety.
(3) The provisions added to Section 3 of the
Statewide Grand Jury Act by Public Act 88-680 (consisting
of the final paragraph of the Section, relating to the
convening of a second statewide grand jury) are of vital
concern to the people of this State. Prompt legislative
action concerning those provisions is necessary.
(4) Section 3 of the Statewide Grand Jury Act has
subsequently been amended by Public Act 91-225, effective
January 1, 2000, which added subdivision (a-5).
(b) It is the purpose of this Act to re-enact Section 3
of the Statewide Grand Jury Act, including the provisions
added by Public Act 89-688 and the subsequent amendment by
P.A. 91-225. This re-enactment is intended to remove any
question as to the validity or content of those provisions;
it is not intended to supersede any other Public Act that
amends the text of the Section as set forth in this Act. The
re-enacted material is shown in this Act as existing text
(i.e., without underscoring).
Section 5. The Statewide Grand Jury Act is amended by
re-enacting Section 3 as follows:
(725 ILCS 215/3) (from Ch. 38, par. 1703)
Sec. 3. Written application for the appointment of a
Circuit Judge to convene and preside over a Statewide Grand
Jury, with jurisdiction extending throughout the State, shall
be made to the Chief Justice of the Supreme Court. Upon such
written application, the Chief Justice of the Supreme Court
shall appoint a Circuit Judge from the circuit where the
Statewide Grand Jury is being sought to be convened, who
shall make a determination that the convening of a Statewide
Grand Jury is necessary.
In such application the Attorney General shall state that
the convening of a Statewide Grand Jury is necessary because
of an alleged offense or offenses set forth in this Section
involving more than one county of the State and identifying
any such offense alleged; and
(a) that he or she believes that the grand jury
function for the investigation and indictment of the
offense or offenses cannot effectively be performed by a
county grand jury together with the reasons for such
belief, and
(b)(1) that each State's Attorney with
jurisdiction over an offense or offenses to be
investigated has consented to the impaneling of the
Statewide Grand Jury, or
(2) if one or more of the State's Attorneys
having jurisdiction over an offense or offenses to
be investigated fails to consent to the impaneling
of the Statewide Grand Jury, the Attorney General
shall set forth good cause for impaneling the
Statewide Grand Jury.
If the Circuit Judge determines that the convening of a
Statewide Grand Jury is necessary, he or she shall convene
and impanel the Statewide Grand Jury with jurisdiction
extending throughout the State to investigate and return
indictments:
(a) For violations of any of the following or for
any other criminal offense committed in the course of
violating any of the following: the Illinois Controlled
Substances Act, the Cannabis Control Act, the Narcotics
Profit Forfeiture Act, or the Cannabis and Controlled
Substances Tax Act; a streetgang related felony offense;
Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3,
24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
24-1(c) of the Criminal Code of 1961; or a money
laundering offense; provided that the violation or
offense involves acts occurring in more than one county
of this State; and
(a-5) For violations facilitated by the use of a
computer, including the use of the Internet, the World
Wide Web, electronic mail, message board, newsgroup, or
any other commercial or noncommercial on-line service, of
any of the following offenses: indecent solicitation of
a child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile
prostitution, juvenile pimping, or child pornography; and
(b) For the offenses of perjury, subornation of
perjury, communicating with jurors and witnesses, and
harassment of jurors and witnesses, as they relate to
matters before the Statewide Grand Jury.
"Streetgang related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
Upon written application by the Attorney General for the
convening of an additional Statewide Grand Jury, the Chief
Justice of the Supreme Court shall appoint a Circuit Judge
from the circuit for which the additional Statewide Grand
Jury is sought. The Circuit Judge shall determine the
necessity for an additional Statewide Grand Jury in
accordance with the provisions of this Section. No more than
2 Statewide Grand Juries may be empaneled at any time.
(Source: P.A. 91-225, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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