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| [ House Amendment 001 ] |
91_HB4279sam001
LRB9111909EGfgam01
1 AMENDMENT TO HOUSE BILL 4279
2 AMENDMENT NO. . Amend House Bill 4279 by replacing
3 the title with the following:
4 "AN ACT to reenact Section 3 of the Statewide Grand Jury
5 Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Findings; purpose.
9 (a) The General Assembly finds and declares that:
10 (1) Public Act 89-688, effective June 1, 1997,
11 contained provisions amending Section 3 of the Statewide
12 Grand Jury Act to authorize the creation of a second
13 statewide grand jury. Public Act 89-688 also contained
14 other provisions.
15 (2) On October 20, 2000, in People v. Jerry Lee
16 Foster, Docket No. 4-99-0933, the Illinois Appellate
17 Court, Fourth District, ruled that Public Act 89-688
18 violates the single subject clause of the Illinois
19 Constitution (Article IV, Section 8(d)) and is therefore
20 unconstitutional in its entirety.
21 (3) The provisions added to Section 3 of the
22 Statewide Grand Jury Act by Public Act 88-680 (consisting
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1 of the final paragraph of the Section, relating to the
2 convening of a second statewide grand jury) are of vital
3 concern to the people of this State. Prompt legislative
4 action concerning those provisions is necessary.
5 (4) Section 3 of the Statewide Grand Jury Act has
6 subsequently been amended by Public Act 91-225, effective
7 January 1, 2000, which added subdivision (a-5).
8 (b) It is the purpose of this Act to re-enact Section 3
9 of the Statewide Grand Jury Act, including the provisions
10 added by Public Act 89-688 and the subsequent amendment by
11 P.A. 91-225. This re-enactment is intended to remove any
12 question as to the validity or content of those provisions;
13 it is not intended to supersede any other Public Act that
14 amends the text of the Section as set forth in this Act. The
15 re-enacted material is shown in this Act as existing text
16 (i.e., without underscoring).
17 Section 5. The Statewide Grand Jury Act is amended by
18 re-enacting Section 3 as follows:
19 (725 ILCS 215/3) (from Ch. 38, par. 1703)
20 Sec. 3. Written application for the appointment of a
21 Circuit Judge to convene and preside over a Statewide Grand
22 Jury, with jurisdiction extending throughout the State, shall
23 be made to the Chief Justice of the Supreme Court. Upon such
24 written application, the Chief Justice of the Supreme Court
25 shall appoint a Circuit Judge from the circuit where the
26 Statewide Grand Jury is being sought to be convened, who
27 shall make a determination that the convening of a Statewide
28 Grand Jury is necessary.
29 In such application the Attorney General shall state that
30 the convening of a Statewide Grand Jury is necessary because
31 of an alleged offense or offenses set forth in this Section
32 involving more than one county of the State and identifying
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1 any such offense alleged; and
2 (a) that he or she believes that the grand jury
3 function for the investigation and indictment of the
4 offense or offenses cannot effectively be performed by a
5 county grand jury together with the reasons for such
6 belief, and
7 (b)(1) that each State's Attorney with
8 jurisdiction over an offense or offenses to be
9 investigated has consented to the impaneling of the
10 Statewide Grand Jury, or
11 (2) if one or more of the State's Attorneys
12 having jurisdiction over an offense or offenses to
13 be investigated fails to consent to the impaneling
14 of the Statewide Grand Jury, the Attorney General
15 shall set forth good cause for impaneling the
16 Statewide Grand Jury.
17 If the Circuit Judge determines that the convening of a
18 Statewide Grand Jury is necessary, he or she shall convene
19 and impanel the Statewide Grand Jury with jurisdiction
20 extending throughout the State to investigate and return
21 indictments:
22 (a) For violations of any of the following or for
23 any other criminal offense committed in the course of
24 violating any of the following: the Illinois Controlled
25 Substances Act, the Cannabis Control Act, the Narcotics
26 Profit Forfeiture Act, or the Cannabis and Controlled
27 Substances Tax Act; a streetgang related felony offense;
28 Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3,
29 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
30 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
31 24-1(c) of the Criminal Code of 1961; or a money
32 laundering offense; provided that the violation or
33 offense involves acts occurring in more than one county
34 of this State; and
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1 (a-5) For violations facilitated by the use of a
2 computer, including the use of the Internet, the World
3 Wide Web, electronic mail, message board, newsgroup, or
4 any other commercial or noncommercial on-line service, of
5 any of the following offenses: indecent solicitation of
6 a child, sexual exploitation of a child, soliciting for a
7 juvenile prostitute, keeping a place of juvenile
8 prostitution, juvenile pimping, or child pornography; and
9 (b) For the offenses of perjury, subornation of
10 perjury, communicating with jurors and witnesses, and
11 harassment of jurors and witnesses, as they relate to
12 matters before the Statewide Grand Jury.
13 "Streetgang related" has the meaning ascribed to it in
14 Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 Upon written application by the Attorney General for the
17 convening of an additional Statewide Grand Jury, the Chief
18 Justice of the Supreme Court shall appoint a Circuit Judge
19 from the circuit for which the additional Statewide Grand
20 Jury is sought. The Circuit Judge shall determine the
21 necessity for an additional Statewide Grand Jury in
22 accordance with the provisions of this Section. No more than
23 2 Statewide Grand Juries may be empaneled at any time.
24 (Source: P.A. 91-225, eff. 1-1-00.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".