State of Illinois
92nd General Assembly

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HB0222 Engrossed                               LRB9202522RCdv

 1        AN ACT concerning criminal law.

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

 4        Section 5.  The Statewide Grand Jury Act  is  amended  by
 5    changing 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
HB0222 Engrossed            -2-                LRB9202522RCdv
 1             be investigated fails to consent to  the  impaneling
 2             of  the  Statewide  Grand Jury, the Attorney General
 3             shall  set  forth  good  cause  for  impaneling  the
 4             Statewide Grand Jury.
 5        If the Circuit Judge determines that the convening  of  a
 6    Statewide  Grand  Jury  is necessary, he or she shall convene
 7    and  impanel  the  Statewide  Grand  Jury  with  jurisdiction
 8    extending throughout the  State  to  investigate  and  return
 9    indictments:
10             (a)  For  violations  of any of the following or for
11        any other criminal offense committed  in  the  course  of
12        violating  any  of the following: the Illinois Controlled
13        Substances Act, the Cannabis Control Act,  the  Narcotics
14        Profit  Forfeiture  Act,  or  the Cannabis and Controlled
15        Substances Tax Act; a streetgang related felony  offense;
16        Section  24-2.1,  24-2.2,  24-3,  24-3A,  24-3.1, 24-3.3,
17        24-3.4,  24-4,  or   24-5   or   subsection   24-1(a)(4),
18        24-1(a)(6),   24-1(a)(7),   24-1(a)(9),  24-1(a)(10),  or
19        24-1(c)  of  the  Criminal  Code  of  1961;  or  a  money
20        laundering  offense;  provided  that  the  violation   or
21        offense  involves  acts occurring in more than one county
22        of this State; and
23             (a-5)  For violations facilitated by the  use  of  a
24        computer,  including  the  use of the Internet, the World
25        Wide Web, electronic mail, message board,  newsgroup,  or
26        any other commercial or noncommercial on-line service, of
27        any  of the following offenses described in Article 11 or
28        Sections 12-13, 12-14, 12-14.1, 12-15, 12-16, or  12-16.2
29        of the Criminal Code of 1961:  indecent solicitation of a
30        child,  sexual  exploitation of a child, soliciting for a
31        juvenile  prostitute,  keeping  a   place   of   juvenile
32        prostitution, juvenile pimping, or child pornography; and
33             (b)  For  the  offenses  of  perjury, subornation of
34        perjury, communicating with  jurors  and  witnesses,  and
HB0222 Engrossed            -3-                LRB9202522RCdv
 1        harassment  of  jurors  and  witnesses, as they relate to
 2        matters before the Statewide Grand Jury.
 3        "Streetgang related" has the meaning ascribed  to  it  in
 4    Section  10  of  the  Illinois  Streetgang  Terrorism Omnibus
 5    Prevention Act.
 6        Upon written application by the Attorney General for  the
 7    convening  of  an  additional Statewide Grand Jury, the Chief
 8    Justice of the Supreme Court shall appoint  a  Circuit  Judge
 9    from  the  circuit  for  which the additional Statewide Grand
10    Jury is  sought.   The  Circuit  Judge  shall  determine  the
11    necessity   for   an   additional  Statewide  Grand  Jury  in
12    accordance with the provisions of this Section.  No more than
13    2 Statewide Grand Juries may be empaneled at any time.
14    (Source: P.A. 91-225, eff. 1-1-00.)

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