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91_HB4279enr HB4279 Enrolled LRB9111909RCdvA 1 AN ACT to re-enact Section 3 of the Statewide Grand Jury 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Findings; purpose. 6 (a) The General Assembly finds and declares that: 7 (1) Public Act 89-688, effective June 1, 1997, 8 contained provisions amending Section 3 of the Statewide 9 Grand Jury Act to authorize the creation of a second 10 statewide grand jury. Public Act 89-688 also contained 11 other provisions. 12 (2) On October 20, 2000, in People v. Jerry Lee 13 Foster, Docket No. 4-99-0933, the Illinois Appellate 14 Court, Fourth District, ruled that Public Act 89-688 15 violates the single subject clause of the Illinois 16 Constitution (Article IV, Section 8(d)) and is therefore 17 unconstitutional in its entirety. 18 (3) The provisions added to Section 3 of the 19 Statewide Grand Jury Act by Public Act 88-680 (consisting 20 of the final paragraph of the Section, relating to the 21 convening of a second statewide grand jury) are of vital 22 concern to the people of this State. Prompt legislative 23 action concerning those provisions is necessary. 24 (4) Section 3 of the Statewide Grand Jury Act has 25 subsequently been amended by Public Act 91-225, effective 26 January 1, 2000, which added subdivision (a-5). 27 (b) It is the purpose of this Act to re-enact Section 3 28 of the Statewide Grand Jury Act, including the provisions 29 added by Public Act 89-688 and the subsequent amendment by 30 P.A. 91-225. This re-enactment is intended to remove any 31 question as to the validity or content of those provisions; 32 it is not intended to supersede any other Public Act that HB4279 Enrolled -2- LRB9111909RCdvA 1 amends the text of the Section as set forth in this Act. The 2 re-enacted material is shown in this Act as existing text 3 (i.e., without underscoring). 4 Section 5. The Statewide Grand Jury Act is amended by 5 re-enacting Section 3 as follows: 6 (725 ILCS 215/3) (from Ch. 38, par. 1703) 7 Sec. 3. Written application for the appointment of a 8 Circuit Judge to convene and preside over a Statewide Grand 9 Jury, with jurisdiction extending throughout the State, shall 10 be made to the Chief Justice of the Supreme Court. Upon such 11 written application, the Chief Justice of the Supreme Court 12 shall appoint a Circuit Judge from the circuit where the 13 Statewide Grand Jury is being sought to be convened, who 14 shall make a determination that the convening of a Statewide 15 Grand Jury is necessary. 16 In such application the Attorney General shall state that 17 the convening of a Statewide Grand Jury is necessary because 18 of an alleged offense or offenses set forth in this Section 19 involving more than one county of the State and identifying 20 any such offense alleged; and 21 (a) that he or she believes that the grand jury 22 function for the investigation and indictment of the 23 offense or offenses cannot effectively be performed by a 24 county grand jury together with the reasons for such 25 belief, and 26 (b)(1) that each State's Attorney with 27 jurisdiction over an offense or offenses to be 28 investigated has consented to the impaneling of the 29 Statewide Grand Jury, or 30 (2) if one or more of the State's Attorneys 31 having jurisdiction over an offense or offenses to 32 be investigated fails to consent to the impaneling HB4279 Enrolled -3- LRB9111909RCdvA 1 of the Statewide Grand Jury, the Attorney General 2 shall set forth good cause for impaneling the 3 Statewide Grand Jury. 4 If the Circuit Judge determines that the convening of a 5 Statewide Grand Jury is necessary, he or she shall convene 6 and impanel the Statewide Grand Jury with jurisdiction 7 extending throughout the State to investigate and return 8 indictments: 9 (a) For violations of any of the following or for 10 any other criminal offense committed in the course of 11 violating any of the following: the Illinois Controlled 12 Substances Act, the Cannabis Control Act, the Narcotics 13 Profit Forfeiture Act, or the Cannabis and Controlled 14 Substances Tax Act; a streetgang related felony offense; 15 Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 16 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 17 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 18 24-1(c) of the Criminal Code of 1961; or a money 19 laundering offense; provided that the violation or 20 offense involves acts occurring in more than one county 21 of this State; and 22 (a-5) For violations facilitated by the use of a 23 computer, including the use of the Internet, the World 24 Wide Web, electronic mail, message board, newsgroup, or 25 any other commercial or noncommercial on-line service, of 26 any of the following offenses: indecent solicitation of 27 a child, sexual exploitation of a child, soliciting for a 28 juvenile prostitute, keeping a place of juvenile 29 prostitution, juvenile pimping, or child pornography; and 30 (b) For the offenses of perjury, subornation of 31 perjury, communicating with jurors and witnesses, and 32 harassment of jurors and witnesses, as they relate to 33 matters before the Statewide Grand Jury. 34 "Streetgang related" has the meaning ascribed to it in HB4279 Enrolled -4- LRB9111909RCdvA 1 Section 10 of the Illinois Streetgang Terrorism Omnibus 2 Prevention Act. 3 Upon written application by the Attorney General for the 4 convening of an additional Statewide Grand Jury, the Chief 5 Justice of the Supreme Court shall appoint a Circuit Judge 6 from the circuit for which the additional Statewide Grand 7 Jury is sought. The Circuit Judge shall determine the 8 necessity for an additional Statewide Grand Jury in 9 accordance with the provisions of this Section. No more than 10 2 Statewide Grand Juries may be empaneled at any time. 11 (Source: P.A. 91-225, eff. 1-1-00.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.