[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_SB2139
LRB9214051DJgc
1 AN ACT in relation to civil liabilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Whistleblower Reward and Protection Act
5 is amended by changing Section 6 as follows:
6 (740 ILCS 175/6) (from Ch. 127, par. 4106)
7 Sec. 6. Subpoenas Civil investigative demands.
8 (a) In general.
9 (1) Issuance and service. Whenever the Attorney
10 General has reason to believe that any person may be in
11 possession, custody, or control of any documentary
12 material or information relevant to an investigation, the
13 Attorney General may, before commencing a civil
14 proceeding under this Act, issue in writing and cause to
15 be served upon such person, a subpoena civil
16 investigative demand requiring such person:
17 (A) to produce such documentary material for
18 inspection and copying,
19 (B) to answer, in writing, written
20 interrogatories with respect to such documentary
21 material or information,
22 (C) to give oral testimony concerning such
23 documentary material or information, or
24 (D) to furnish any combination of such
25 material, answers, or testimony.
26 The Attorney General may shall delegate the
27 authority to issue subpoenas civil investigative demands
28 under this subsection (a) to the Department of State
29 Police subject to conditions the Attorney General deems
30 appropriate. Whenever a subpoena civil investigative
31 demand is an express demand for any product of discovery,
-2- LRB9214051DJgc
1 the Attorney General, an Assistant Attorney General or
2 the Attorney General's delegate of the Department of
3 State Police shall cause to be served, in any manner
4 authorized by this Section, a copy of such demand upon
5 the person from whom the discovery was obtained and shall
6 notify the person to whom such demand is issued of the
7 date on which such copy was served.
8 (2) Contents and deadlines. (A) Each subpoena civil
9 investigative demand issued under paragraph (1):
10 (A) Shall state the nature of the conduct
11 constituting an alleged violation which is under
12 investigation, and the applicable provision of law
13 alleged to be violated.
14 (B) Shall identify the individual causing the
15 subpoena to be served and to whom communications
16 regarding the subpoena should be directed.
17 (C) Shall state the date, place, and time at
18 which the person is required to appear, produce
19 written answers to interrogatories, produce
20 documentary material, or give oral testimony. The
21 date shall not be less than 10 days after the date
22 of service of the subpoena. Compliance with the
23 subpoena shall be at the Office of the Attorney
24 General in either Springfield or Chicago or at
25 another location by agreement.
26 (D) If for documentary material or
27 interrogatories, shall describe the documents or
28 information requested with specificity.
29 (E) Shall notify the person of the right to be
30 assisted by counsel.
31 (F) Shall advise that the person has 20 days
32 from the date of service, or up until the return
33 date specified in the demand, whichever date is
34 earlier, to move to modify or set aside the subpoena
-3- LRB9214051DJgc
1 under subdivision (j)(2)(A) of this Section. shall
2 state the nature of the conduct constituting and
3 alleged violation which is under investigation, and
4 the applicable provision of law alleged to be
5 violated.
6 (B) If such demand is for the production of
7 documentary material, the demand shall:
8 (i) describe each class of documentary
9 material to be produced with such definiteness
10 and certainty as to permit such material to be
11 fairly identified;
12 (ii) prescribe a return date for each
13 such class which will provide a reasonable
14 period of time within which the material so
15 demanded may be assembled and made available
16 for inspection and copying; and
17 (iii) identify the investigator to whom
18 such material shall be made available.
19 (C) If such demand is for answers to written
20 interrogatories, the demand shall:
21 (i) set forth with specificity the
22 written interrogatories to be answered;
23 (ii) prescribe dates at which time
24 answers to written interrogatories shall be
25 submitted; and
26 (iii) identify the investigator to whom
27 such answers shall be submitted.
28 (D) If such demand is for the giving of oral
29 testimony, the demand shall:
30 (i) prescribe a date, time, and place at
31 which oral testimony shall be commenced;
32 (ii) identify an investigator who shall
33 conduct the examination and the custodian to
34 whom the transcript of such examination shall
-4- LRB9214051DJgc
1 be submitted;
2 (iii) specify that such attendance and
3 testimony are necessary to the conduct of the
4 investigation;
5 (iv) notify the person receiving the
6 demand of the right to be accompanied by an
7 attorney and any other representative; and
8 (v) describe the general purpose for
9 which the demand is being issued and the
10 general nature of the testimony, including the
11 primary areas of inquiry, which will be taken
12 pursuant to the demand.
13 (E) Any civil investigative demand issued
14 under this Section which is an express demand for
15 any product of discovery shall not be returned or
16 returnable until 20 days after a copy of such demand
17 has been served upon the person from whom the
18 discovery was obtained.
19 (F) The date prescribed for the commencement
20 of oral testimony pursuant to a civil investigative
21 demand issued under this Section shall be a date
22 which is not less than 7 days after the date on
23 which demand is received, unless the Attorney
24 General or an Assistant Attorney General designated
25 by the Attorney General or the delegate of the
26 Department of State Police determines that
27 exceptional circumstances are present which warrant
28 the commencement of such testimony within a lesser
29 period of time.
30 (G) The Attorney General or the delegate of
31 the Department of State Police shall not authorize
32 the issuance under this Section of more than one
33 civil investigative demand for oral testimony by the
34 same person unless the person requests otherwise or
-5- LRB9214051DJgc
1 unless the Attorney General or the delegate of the
2 Department of State Police, after investigation,
3 notifies that person in writing that an additional
4 demand for oral testimony is necessary. The
5 Attorney General shall authorize the performance by
6 the delegate of the Department of State Police of
7 any function vested in the Attorney General under
8 this subparagraph (G).
9 (b) Protected material or information.
10 (1) In general. A subpoena civil investigative
11 demand issued under subsection (a) may not require the
12 production of any documentary material, the submission of
13 any answers to written interrogatories, or the giving of
14 any oral testimony if such material, answers, or
15 testimony would be protected from disclosure under:
16 (A) the standards applicable to subpoenas or
17 subpoenas duces tecum issued by a court of this
18 State to aid in a grand jury investigation; or
19 (B) the standards applicable to discovery
20 requests under the Code of Civil Procedure, to the
21 extent that the application of such standards to any
22 such subpoena demand is appropriate and consistent
23 with the provisions and purposes of this Section.
24 (2) Effect on other orders, rules, and laws. Any
25 subpoena such demand which is an express demand for any
26 product of discovery supersedes any inconsistent order,
27 rule, or provision of law (other than this Section)
28 preventing or restraining disclosure of such product of
29 discovery to any person. Disclosure of any product of
30 discovery pursuant to any such express demand does not
31 constitute a waiver of any right or privilege which the
32 person making make such disclosure may be entitled to
33 invoke to resist discovery of trial preparation
34 materials.
-6- LRB9214051DJgc
1 (c) Service; jurisdiction.
2 (1) How By whom served, generally. Any subpoena
3 civil investigative demand issued under subsection (a)
4 may be served by any person so authorized by the Attorney
5 General an investigator, or by any person authorized to
6 serve process on individuals within Illinois, through any
7 method prescribed for the service of subpoenas by the
8 Code of Civil Procedure or as otherwise set forth in this
9 Section.
10 (2) (Blank). Service in foreign countries. Any such
11 demand or any petition filed under subsection (j) may be
12 served upon any person who is not found within Illinois
13 in such manner as the Code of Civil Procedure prescribes
14 for service of process outside Illinois. To the extent
15 that the courts of this State can assert jurisdiction
16 over any such person consistent with due process, the
17 courts of this State shall have the same jurisdiction to
18 take any action respecting compliance with this Section
19 by any such person that such court would have if such
20 person were personally within the jurisdiction of such
21 court.
22 (d) Service upon legal entities and natural persons.
23 (1) Legal entities. Service of any subpoena civil
24 investigative demand issued under subsection (a) or of
25 any petition filed under subsection (j) may be made upon
26 a partnership, corporation, association, or other legal
27 entity by:
28 (A) delivering an executed copy of such demand
29 or petition to any partner, executive officer,
30 managing agent, general agent, or registered agent
31 of the partnership, corporation, association or
32 entity;
33 (B) delivering an executed copy of such demand
34 or petition to the principal office or place of
-7- LRB9214051DJgc
1 business of the partnership, corporation,
2 association, or entity; or
3 (C) depositing an executed copy of such demand
4 or petition in the United States mails by registered
5 or certified mail, with a return receipt requested,
6 addressed to such partnership, corporation,
7 association, or entity as its principal office or
8 place of business.
9 (2) Natural person. Service of any such demand or
10 petition may be made upon any natural person by:
11 (A) delivering an executed copy of such demand
12 or petition to the person; or
13 (B) depositing an executed copy of such demand
14 or petition in the United States mails by registered
15 or certified mail, with a return receipt requested,
16 addressed to the person at the person's residence or
17 principal office or place of business.
18 (e) Proof of service. A verified return by the
19 individual serving any subpoena civil investigative demand
20 issued under subsection (a) or any petition filed under
21 subsection (j) setting forth the manner of such service shall
22 be proof of such service. In the case of service by
23 registered or certified mail, such return shall be
24 accompanied by the return post office receipt of delivery of
25 such demand.
26 (f) Documentary material.
27 (1) Sworn certificates. The production of
28 documentary material in response to a subpoena civil
29 investigative demand served under this Section shall be
30 made under a sworn certificate, in such form as the
31 subpoena demand designates, by:
32 (A) in the case of a natural person, the
33 person to whom the demand is directed, or
34 (B) in the case of a person other than a
-8- LRB9214051DJgc
1 natural person, a person having knowledge of the
2 facts and circumstances relating to such production
3 and authorized to act on behalf of such person.
4 The certificate shall state that all of the
5 documentary material required by the subpoena demand and
6 in the possession, custody, or control of the person to
7 whom the subpoena demand is directed has been produced
8 and made available to the investigator identified in the
9 subpoena demand.
10 (2) Production of materials. Any person upon whom
11 any subpoena civil investigative demand for the
12 production of documentary material has been served under
13 this Section shall make such material available for
14 inspection and copying to the investigator identified in
15 such subpoena demand at the principal place designated in
16 the subpoena of business of such person, or at such other
17 place as the investigator and the person thereafter may
18 agree and prescribe in writing, or as the court may
19 direct under subsection (j)(1). Such material shall be
20 made so available on the return date specified in such
21 demand, or on such later date as the investigator may
22 prescribe in writing. Such person may, upon written
23 agreement between the person and the investigator,
24 substitute copies for originals of all or any part of
25 such material.
26 (g) Interrogatories. Each interrogatory in a subpoena
27 civil investigative demand served under this Section shall be
28 answered separately and fully in writing under oath and shall
29 be submitted under a sworn certificate, in such form as the
30 subpoena demand designates by:
31 (1) in the case of a natural person, the person to
32 whom the demand is directed, or
33 (2) in the case of a person other than a natural
34 person, the person or persons responsible for answering
-9- LRB9214051DJgc
1 each interrogatory.
2 If any interrogatory is objected to, the reasons for the
3 objection shall be stated in the certificate instead of an
4 answer. The certificate shall state that all information
5 required by the demand and in the possession, custody,
6 control, or knowledge of the person to whom the demand is
7 directed has been submitted. To the extent that any
8 information is not furnished, the information shall be
9 identified and reasons set forth with particularity regarding
10 the reasons why the information was not furnished.
11 (h) Oral examinations.
12 (1) Procedures. The examination of any person
13 pursuant to a subpoena civil investigative demand for
14 oral testimony served under this Section shall be taken
15 before an officer authorized to administer oaths and
16 affirmations by the laws of this State or of the place
17 where the examination is held. The officer before whom
18 the testimony is to be taken shall put the witness on
19 oath or affirmation and shall, personally or by someone
20 acting under the direction of the officer and in the
21 officer's presence, record the testimony of the witness.
22 The testimony shall be taken stenographically and shall
23 be transcribed. When the testimony is fully transcribed,
24 the officer before whom the testimony is taken shall
25 promptly transmit a certified copy of the transcript of
26 the testimony in accordance with the instructions of the
27 Attorney General to the custodian. This subsection shall
28 not preclude the taking of testimony by any means
29 authorized by, and in a manner consistent with, the Code
30 of Civil Procedure.
31 (2) Persons present. The Attorney General
32 investigator conducting the examination shall exclude
33 from the place where the examination is held all persons
34 except the person giving the testimony, the attorney for
-10- LRB9214051DJgc
1 that person and any other representative of the person
2 giving the testimony, the attorney for the State, any
3 person who may be agreed upon by the attorney for the
4 State and the person giving the testimony, the officer
5 before whom the testimony is to be taken, and other
6 persons the Attorney General determines are necessary for
7 the enforcement of the laws of this State any
8 stenographer taking such testimony.
9 (3) Where testimony taken. The oral testimony of
10 any person taken pursuant to a subpoena civil
11 investigative demand served under this Section shall be
12 taken at the place designated in the subpoena in the
13 county within which such person resides, is found, or
14 transacts business, or in such other place as may be
15 agreed upon by the Attorney General investigator
16 conducting the examination and such person.
17 (4) Transcript of testimony. When the testimony is
18 fully transcribed, the Attorney General investigator or
19 the officer before whom the testimony is taken shall
20 afford the witness, who may be accompanied by counsel, a
21 reasonable opportunity to review and correct examine and
22 read the transcript, in accordance with the rules
23 applicable to deposition witnesses in civil cases. Upon
24 payment of the reasonable charges for the transcript, the
25 Attorney General shall furnish a copy of the transcript
26 to the witness, except that the Attorney General may, for
27 good cause, limit the witness to inspection of the
28 official transcript of the witness' testimony. unless
29 such examination and reading are waived by the witness.
30 Any changes in form or substance which the witness
31 desires to make shall be entered and identified upon the
32 transcript by the officer or the investigator, with a
33 statement of the reasons given by the witness for making
34 such changes. The transcript shall then be signed by the
-11- LRB9214051DJgc
1 witness, unless the witness in writing waives the
2 signing, is ill, cannot be found, or refuses to sign. If
3 the transcript is not signed by the witness within 30
4 days after being afforded a reasonable opportunity to
5 examine it, the officer of investigator shall sign it and
6 state on the record the fact of the waiver, illness,
7 absence of the witness, or the refusal to sign, together
8 with the reasons, if any, given therefor.
9 (5) (Blank). Certification and delivery to
10 custodian. The officer before whom the testimony is
11 taken shall certify on the transcript that the witness
12 was sworn by the officer and that the transcript is a
13 true record of the testimony given by the witness, and
14 the officer or investigator shall promptly deliver the
15 transcript, or send the transcript by registered or
16 certified mail, to the custodian.
17 (6) (Blank). Furnishing or inspection of transcript
18 by witness. Upon payment of reasonable charges therefor,
19 the investigator shall furnish a copy of the transcript
20 to the witness only, except that the Attorney General, an
21 Assistant Attorney General or employee of the Department
22 of State Police may, for good cause, limit such witness
23 to inspection of the official transcript of the witness'
24 testimony.
25 (7) Conduct of oral testimony.
26 (A) Any person compelled to appear for oral
27 testimony under a subpoena civil investigative
28 demand issued under subsection (a) may be
29 accompanied, represented, and advised by counsel,
30 who may raise objections based on matters of
31 privilege in accordance with the rules applicable to
32 depositions in civil cases. Counsel may advise such
33 person, in confidence, with respect to any question
34 asked of such person. Such person or counsel may
-12- LRB9214051DJgc
1 object on the record to any question, in whole or in
2 part, and shall briefly state for the record the
3 reason for the objection. An objection may be made,
4 received, and entered upon the record when it is
5 claimed that such person is entitled to refuse to
6 answer the question on the grounds of any
7 constitutional or other legal right or privilege,
8 including the privilege against self-incrimination.
9 If such person refuses to answer any question, a
10 petition may be filed in circuit court under
11 subsection (j)(1) for an order compelling such
12 person to answer such question.
13 (B) If such person refuses any question on the
14 grounds of the privilege against self-incrimination,
15 the testimony of such person may be compelled in
16 accordance with Article 106 of the Code of Criminal
17 Procedure of 1963.
18 (8) Witness fees and allowances. Any person
19 appearing for oral testimony under a subpoena civil
20 investigative demand issued under subsection (a) shall be
21 entitled to the same fees and allowances which are paid
22 to witnesses in the circuit court.
23 (i) Custodians of documents, answers, and transcripts.
24 (1) Designation. The Attorney General or the
25 Attorney General's delegate shall designate the
26 Department of State Police to serve as custodian of
27 documentary material, answers to interrogatories, and
28 transcripts of oral testimony received under this Section
29 and shall designate additional employees of the
30 Department of State Police as the Attorney General
31 determines from time to time to be necessary to serve as
32 deputies to the custodian.
33 (2) Availability of Responsibility for materials;
34 disclosure.
-13- LRB9214051DJgc
1 (A) (Blank). An investigator who receives any
2 documentary material, answers to interrogatories, or
3 transcripts of oral testimony under this Section
4 shall transmit them to the custodian. The custodian
5 shall take physical possession of such material,
6 answers, or transcripts and shall be responsible for
7 the use made of them and for the return of
8 documentary material under paragraph (4).
9 (B) (Blank). The custodian may cause the
10 preparation of such copies of such documentary
11 material, answers to interrogatories, or transcripts
12 of oral testimony as may be required for official
13 use by any investigator, or other officer or
14 employee of the Attorney General or employee of the
15 Department of State Police who is authorized for
16 such use under regulations which the Attorney
17 General shall issue. Such material, answers, and
18 transcripts may be used by any such authorized
19 investigator or other officer or employee in
20 connection with the taking of oral testimony under
21 this Section.
22 (C) Except as otherwise provided in this
23 Section subsection (i), no documentary material,
24 answers to interrogatories, or transcripts of oral
25 testimony, or copies thereof, while in the
26 possession of the custodian, shall be available for
27 examination by any individual except as determined
28 necessary by the Attorney General, and subject to
29 the conditions imposed by the Attorney General, for
30 the effective enforcement of the laws of this State,
31 or as otherwise provided by court order. other than
32 an investigator or other officer or employee of the
33 Attorney General or employee of the Department of
34 State Police authorized under subparagraph (B). The
-14- LRB9214051DJgc
1 prohibition in the preceding sentence on the
2 availability of material, answers, or transcripts
3 shall not apply if consent is given by the person
4 who produced such material, answers, or transcripts,
5 or, in the case of any product of discovery produced
6 pursuant to an express demand for such material,
7 consent is given by the person from whom the
8 discovery was obtained. Nothing in this subparagraph
9 is intended to prevent disclosure to the General
10 Assembly, including any committee or subcommittee of
11 the General Assembly, or to any other State agency
12 for use by such agency in furtherance of its
13 statutory responsibilities. Disclosure of
14 information to any such other agency shall be
15 allowed only upon application, made by the Attorney
16 General to a circuit court, showing substantial need
17 for the use of the information by such agency in
18 furtherance of its statutory responsibilities.
19 (D) (Blank). While in the possession of the
20 custodian and under such reasonable terms and
21 conditions as the Attorney General shall prescribe:
22 (i) documentary material and answers to
23 interrogatories shall be available for
24 examination by the person who produced such
25 material or answers, or by a representative for
26 that person authorized by that person to
27 examine such material and answers; and
28 (ii) transcripts of oral testimony shall
29 be available for examination by the person who
30 produced such testimony, or by a representative
31 of that person authorized by that person to
32 examine such transcripts.
33 (3) (Blank). Use of material, answers, or
34 transcripts in other proceedings. Whenever any attorney
-15- LRB9214051DJgc
1 of the office of the Attorney General, or State's
2 Attorney upon a referral, has been designated to appear
3 before any court, grand jury, or State agency in any case
4 or proceeding, the custodian of any documentary material,
5 answers to interrogatories, or transcripts of oral
6 testimony received under this Section may deliver to such
7 attorney such material, answers, or transcripts for
8 official use in connection with any such case or
9 proceeding as such attorney determines to be required.
10 Upon the completion of any such case or proceeding, such
11 attorney shall return to the custodian any such material,
12 answers, or transcripts so delivered which have not
13 passed into the control of such court, grand jury, or
14 agency through introduction into the record of such case
15 or proceeding.
16 (4) Conditions for return of material. If any
17 documentary material has been produced by any person in
18 the course of any investigation pursuant to a subpoena
19 civil investigative demand under this Section and:
20 (A) any case or proceeding before the court or
21 grand jury arising out of such investigation, or any
22 proceeding before any State agency involving such
23 material, has been completed, or
24 (B) no case or proceeding in which such
25 material may be used has been commenced within a
26 reasonable time after completion of the examination
27 and analysis of all documentary material and other
28 information assembled in the course of such
29 investigation,
30 the custodian shall, upon written request of the person
31 who produced such material, return to such person any
32 such material (other than copies furnished to the
33 investigator under subsection (f)(2) or made for the
34 Attorney General or employee of the Department of State
-16- LRB9214051DJgc
1 Police under paragraph (2)(B)) which has not passed into
2 the control of any court, grand jury, or agency through
3 introduction into the record of such case or proceeding.
4 (5) (Blank). Appointment of successor custodians.
5 In the event of the death, disability, or separation from
6 service in the Department of State Police of the
7 custodian of any documentary material, answers to
8 interrogatories, or transcripts of oral testimony
9 produced pursuant to a civil investigative demand under
10 this Section, or in the event of the official relief of
11 such custodian from responsibility for the custody and
12 control of such material, answers, or transcripts, the
13 Attorney General shall promptly:
14 (A) designate another employee of the
15 Department of State Police to serve as custodian of
16 such material, answers, or transcripts, and
17 (B) transmit in writing to the person who
18 produced such material, answers, or testimony notice
19 of the identity and address of the successor so
20 designated.
21 Any person who is designated to be a successor under
22 this paragraph (5) shall have, with regard to such
23 material, answers, or transcripts, the same duties and
24 responsibilities as were imposed by this Section upon
25 that person's predecessor in office, except that the
26 successor shall not be held responsible for any default
27 or dereliction which occurred before that designation.
28 (j) Judicial proceedings.
29 (1) Petition for enforcement. Whenever any person
30 fails to comply with any subpoena civil investigative
31 demand issued under subsection (a), or whenever
32 satisfactory copying or reproduction of any material
33 requested in such demand cannot be done and such person
34 refuses to surrender such material, the Attorney General
-17- LRB9214051DJgc
1 may file, in the circuit court of Sangamon County or Cook
2 County, or in the circuit court of any county in which
3 such person resides, is found, or transacts business, or
4 in the circuit court of the county in which an action
5 filed under Section 4 of this Act is pending if that
6 action relates to the subject matter of the subpoena, and
7 serve upon such person a petition for an order of such
8 court for the enforcement of the subpoena civil
9 investigative demand.
10 (2) Petition to modify or set aside subpoena
11 demand.
12 (A) Any person who has received a subpoena
13 civil investigative demand issued under subsection
14 (a) may file, in the circuit court of any county
15 within which such person resides, is found, or
16 transacts business, and serve upon the individual
17 investigator identified as having served the
18 subpoena, in such demand a petition for an order of
19 the court to modify or set aside such subpoena
20 demand. In the case of a petition addressed to an
21 express demand for any product of discovery, a
22 petition to modify or set aside such demand may be
23 brought only in the circuit court of the county in
24 which the proceeding in which such discovery was
25 obtained is or was last pending. Any petition under
26 this subparagraph (A) must be filed:
27 (i) within 20 days after the date of
28 service of the subpoena civil investigative
29 demand, or at any time before the return date
30 specified in the demand, whichever date is
31 earlier, or
32 (ii) within such longer period as may be
33 prescribed in writing by any investigator
34 identified in the demand. The failure to file
-18- LRB9214051DJgc
1 such a petition within that period waives the
2 person's right to object to the subpoena on
3 procedural or substantive grounds not going to
4 matters of privilege.
5 (B) The petition shall specify each ground
6 upon which the petitioner relies in seeking relief
7 under subparagraph (A), and may be based upon any
8 failure of the demand to comply with the provisions
9 of this Section or upon any constitutional or other
10 legal right or privilege of such person. During the
11 pendency of the petition in the court, the court may
12 stay, as it deems proper, the running of the time
13 allowed for compliance with the demand, in whole or
14 in part, except that the person filing the petition
15 shall comply with any portion of the demand not
16 sought to be modified or set aside.
17 (3) Petition to modify or set aside demand for
18 product of discovery.
19 (A) In the case of any subpoena civil
20 investigative demand issued under subsection (a)
21 which is an express demand for any product of
22 discovery, the person from whom such discovery was
23 obtained may file, in the circuit court of the
24 county in which the proceeding in which such
25 discovery was obtained is or was last pending, and
26 serve upon any investigator identified in the demand
27 and upon the recipient of the demand, a petition for
28 an order of such court to modify or set aside those
29 portions of the demand requiring production of any
30 such product of discovery, subject to the same
31 terms, conditions, and limitations as set forth in
32 subdivision (j)(2). Any petition under this
33 subparagraph (A) must be filed:
34 (i) within 20 days after the date of
-19- LRB9214051DJgc
1 service of the civil investigative demand, or
2 at any time before the return date specified in
3 the demand, whichever date is earlier, or
4 (ii) within such longer period as may be
5 prescribed in writing by any investigator
6 identified in the demand.
7 (B) (Blank). The petition shall specify each
8 ground upon which the petitioner relies in seeking
9 relief under subparagraph (A), and may be based upon
10 any failure of the portions of the demand from which
11 relief is sought to comply with the provisions of
12 this Section, or upon any constitutional or other
13 legal right or privilege of the petitioner. During
14 the pendency of the petition, the court may stay, as
15 it deems proper, compliance with the demand and the
16 running of the time allowed from compliance with the
17 demand.
18 (4) (Blank). Petition to require performance by
19 custodian of duties. At any time during which any
20 custodian is in custody or control of any documentary
21 material or answers to interrogatories produced, or
22 transcripts of oral testimony given, by any person in
23 compliance with any civil investigative demand issued
24 under subsection (a), such person, and in the case of an
25 express demand for any product of discovery, the person
26 from whom such discovery was obtained, may file, in the
27 circuit court of the county within which the office of
28 such custodian is situated, and serve upon such
29 custodian, a petition for an order of such court to
30 require the performance by the custodian of any duty
31 imposed upon the custodian by this Section.
32 (5) Jurisdiction. Whenever any petition is filed in
33 any circuit court under this subsection (j), such court
34 shall have jurisdiction to hear and determine the matter
-20- LRB9214051DJgc
1 so presented, and to enter such orders as may be required
2 to carry out the provisions of this Section. Any final
3 order so entered shall be subject to appeal in the same
4 manner as appeals of other final orders in civil matters.
5 Any disobedience of any final order entered under this
6 Section by any court shall be punished as a contempt of
7 the court.
8 (k) Disclosure exemption. Any documentary material,
9 answers to written interrogatories, or oral testimony
10 provided under any subpoena civil investigative demand issued
11 under subsection (a) shall be exempt from disclosure under
12 the Illinois Administrative Procedure Act.
13 (Source: P.A. 87-662; revised 12-07-01.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.