Illinois General Assembly - Full Text of Public Act 094-0940
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Public Act 094-0940




Public Act 094-0940
SB2739 Enrolled LRB094 15329 LCT 50520 b

    AN ACT concerning civil liabilities.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Whistleblower Reward and Protection Act is
amended by changing Section 6 as follows:
    (740 ILCS 175/6)  (from Ch. 127, par. 4106)
    Sec. 6. Subpoenas.
    (a) In general.
        (1) Issuance and service. Whenever the Attorney
    General has reason to believe that any person may be in
    possession, custody, or control of any documentary
    material or information relevant to an investigation, the
    Attorney General may, before commencing a civil proceeding
    under this Act, issue in writing and cause to be served
    upon such person, a subpoena requiring such person:
            (A) to produce such documentary material for
        inspection and copying,
            (B) to answer, in writing, written interrogatories
        with respect to such documentary material or
            (C) to give oral testimony concerning such
        documentary material or information, or
            (D) to furnish any combination of such material,
        answers, or testimony.
    The Attorney General may delegate the authority to issue
    subpoenas under this subsection (a) to the Department of
    State Police subject to conditions as the Attorney General
    deems appropriate. Whenever a subpoena is an express demand
    for any product of discovery, the Attorney General or his
    or her delegate shall cause to be served, in any manner
    authorized by this Section, a copy of such demand upon the
    person from whom the discovery was obtained and shall
    notify the person to whom such demand is issued of the date
    on which such copy was served.
        (1.5) Where a subpoena requires the production of
    documentary material, the respondent shall produce the
    original of the documentary material, provided, however,
    that the Attorney General may agree that copies may be
    substituted for the originals. All documentary material
    kept or stored in electronic form, including electronic
    mail, shall be produced in hard copy, unless the Attorney
    General agrees that electronic versions may be substituted
    for the hard copy. The production of documentary material
    shall be made at the respondent's expense.
        (2) Contents and deadlines. Each subpoena issued under
    paragraph (1):
            (A) Shall state the nature of the conduct
        constituting an alleged violation that is under
        investigation and the applicable provision of law
        alleged to be violated.
            (B) Shall identify the individual causing the
        subpoena to be served and to whom communications
        regarding the subpoena should be directed.
            (C) Shall state the date, place, and time at which
        the person is required to appear, produce written
        answers to interrogatories, produce documentary
        material or give oral testimony. The date shall not be
        less than 10 days from the date of service of the
        subpoena. Compliance with the subpoena shall be at the
        Office of the Attorney General in either the
        Springfield or Chicago location or at other location by
            (D) If the subpoena is for documentary material or
        interrogatories, shall describe the documents or
        information requested with specificity.
            (E) Shall notify the person of the right to be
        assisted by counsel.
            (F) Shall advise that the person has 20 days from
        the date of service or up until the return date
        specified in the demand, whichever date is earlier, to
        move, modify, or set aside the subpoena pursuant to
        subparagraph (j)(2)(A) of this Section.
    (b) Protected material or information.
        (1) In general. A subpoena issued under subsection (a)
    may not require the production of any documentary material,
    the submission of any answers to written interrogatories,
    or the giving of any oral testimony if such material,
    answers, or testimony would be protected from disclosure
            (A) the standards applicable to subpoenas or
        subpoenas duces tecum issued by a court of this State
        to aid in a grand jury investigation; or
            (B) the standards applicable to discovery requests
        under the Code of Civil Procedure, to the extent that
        the application of such standards to any such subpoena
        is appropriate and consistent with the provisions and
        purposes of this Section.
        (2) Effect on other orders, rules, and laws. Any such
    subpoena which is an express demand for any product of
    discovery supersedes any inconsistent order, rule, or
    provision of law (other than this Section) preventing or
    restraining disclosure of such product of discovery to any
    person. Disclosure of any product of discovery pursuant to
    any such subpoena does not constitute a waiver of any right
    or privilege which the person making such disclosure may be
    entitled to invoke to resist discovery of trial preparation
    (c) Service in general. Any subpoena issued under
subsection (a) may be served by any person so authorized by the
Attorney General or by any person authorized to serve process
on individuals within Illinois, through any method prescribed
in the Code of Civil Procedure or as otherwise set forth in
this Act.
    (d) Service upon legal entities and natural persons.
        (1) Legal entities. Service of any subpoena issued
    under subsection (a) or of any petition filed under
    subsection (j) may be made upon a partnership, corporation,
    association, or other legal entity by:
            (A) delivering an executed copy of such subpoena or
        petition to any partner, executive officer, managing
        agent, general agent, or registered agent of the
        partnership, corporation, association or entity;
            (B) delivering an executed copy of such subpoena or
        petition to the principal office or place of business
        of the partnership, corporation, association, or
        entity; or
            (C) depositing an executed copy of such subpoena or
        petition in the United States mails by registered or
        certified mail, with a return receipt requested,
        addressed to such partnership, corporation,
        association, or entity as its principal office or place
        of business.
        (2) Natural person. Service of any such subpoena or
    petition may be made upon any natural person by:
            (A) delivering an executed copy of such subpoena or
        petition to the person; or
            (B) depositing an executed copy of such subpoena or
        petition in the United States mails by registered or
        certified mail, with a return receipt requested,
        addressed to the person at the person's residence or
        principal office or place of business.
    (e) Proof of service. A verified return by the individual
serving any subpoena issued under subsection (a) or any
petition filed under subsection (j) setting forth the manner of
such service shall be proof of such service. In the case of
service by registered or certified mail, such return shall be
accompanied by the return post office receipt of delivery of
such subpoena.
    (f) Documentary material.
        (1) Sworn certificates. The production of documentary
    material in response to a subpoena served under this
    Section shall be made under a sworn certificate, in such
    form as the subpoena designates, by:
            (A) in the case of a natural person, the person to
        whom the subpoena is directed, or
            (B) in the case of a person other than a natural
        person, a person having knowledge of the facts and
        circumstances relating to such production and
        authorized to act on behalf of such person.
    The certificate shall state that all of the documentary
    material required by the demand and in the possession,
    custody, or control of the person to whom the subpoena is
    directed has been produced and made available to the
    Attorney General.
        (2) Production of materials. Any person upon whom any
    subpoena for the production of documentary material has
    been served under this Section shall make such material
    available for inspection and copying to the Attorney
    General at the place designated in the subpoena, or at such
    other place as the Attorney General and the person
    thereafter may agree and prescribe in writing, or as the
    court may direct under subsection (j)(1). Such material
    shall be made so available on the return date specified in
    such subpoena, or on such later date as the Attorney
    General may prescribe in writing. Such person may, upon
    written agreement between the person and the Attorney
    General, substitute copies for originals of all or any part
    of such material.
    (g) Interrogatories. Each interrogatory in a subpoena
served under this Section shall be answered separately and
fully in writing under oath and shall be submitted under a
sworn certificate, in such form as the subpoena designates by:
        (1) in the case of a natural person, the person to whom
    the subpoena is directed, or
        (2) in the case of a person other than a natural
    person, the person or persons responsible for answering
    each interrogatory.
If any interrogatory is objected to, the reasons for the
objection shall be stated in the certificate instead of an
answer. The certificate shall state that all information
required by the subpoena and in the possession, custody,
control, or knowledge of the person to whom the demand is
directed has been submitted. To the extent that any information
is not furnished, the information shall be identified and
reasons set forth with particularity regarding the reasons why
the information was not furnished.
    (h) Oral examinations.
        (1) Procedures. The examination of any person pursuant
    to a subpoena for oral testimony served under this Section
    shall be taken before an officer authorized to administer
    oaths and affirmations by the laws of this State or of the
    place where the examination is held. The officer before
    whom the testimony is to be taken shall put the witness on
    oath or affirmation and shall, personally or by someone
    acting under the direction of the officer and in the
    officer's presence, record the testimony of the witness.
    The testimony shall be taken stenographically and shall be
    transcribed. When the testimony is fully transcribed, the
    officer before whom the testimony is taken shall promptly
    transmit a certified copy of the transcript of the
    testimony in accordance with the instructions of the
    Attorney General. This subsection shall not preclude the
    taking of testimony by any means authorized by, and in a
    manner consistent with, the Code of Civil Procedure.
        (2) Persons present. The investigator conducting the
    examination shall exclude from the place where the
    examination is held all persons except the person giving
    the testimony, the attorney for and any other
    representative of the person giving the testimony, the
    attorney for the State, any person who may be agreed upon
    by the attorney for the State and the person giving the
    testimony, the officer before whom the testimony is to be
    taken, and any stenographer taking such testimony.
        (3) Where testimony taken. The oral testimony of any
    person taken pursuant to a subpoena served under this
    Section shall be taken in the county within which such
    person resides, is found, or transacts business, or in such
    other place as may be agreed upon by the Attorney General
    and such person.
        (4) Transcript of testimony. When the testimony is
    fully transcribed, the Attorney General or the officer
    before whom the testimony is taken shall afford the
    witness, who may be accompanied by counsel, a reasonable
    opportunity to review and correct the transcript, in
    accordance with the rules applicable to deposition
    witnesses in civil cases. Upon payment of reasonable
    charges, the Attorney General shall furnish a copy of the
    transcript to the witness, except that the Attorney General
    may, for good cause, limit the witness to inspection of the
    official transcript of the witness' testimony.
        (5) Conduct of oral testimony.
            (A) Any person compelled to appear for oral
        testimony under a subpoena issued under subsection (a)
        may be accompanied, represented, and advised by
        counsel, who may raise objections based on matters of
        privilege in accordance with the rules applicable to
        depositions in civil cases. If such person refuses to
        answer any question, a petition may be filed in circuit
        court under subsection (j)(1) for an order compelling
        such person to answer such question.
            (B) If such person refuses any question on the
        grounds of the privilege against self-incrimination,
        the testimony of such person may be compelled in
        accordance with Article 106 of the Code of Criminal
        Procedure of 1963.
        (6) Witness fees and allowances. Any person appearing
    for oral testimony under a subpoena issued under subsection
    (a) shall be entitled to the same fees and allowances which
    are paid to witnesses in the circuit court.
    (i) Custodians of documents, answers, and transcripts.
        (1) Designation. The Attorney General or his or her
    delegate shall serve as custodian of documentary material,
    answers to interrogatories, and transcripts of oral
    testimony received under this Section.
        (2) Except as otherwise provided in this Section, no
    documentary material, answers to interrogatories, or
    transcripts of oral testimony, or copies thereof, while in
    the possession of the custodian, shall be available for
    examination by any individual, except as determined
    necessary by the Attorney General and subject to the
    conditions imposed by him or her for effective enforcement
    of the laws of this State, or as otherwise provided by
    court order.
        (3) Conditions for return of material. If any
    documentary material has been produced by any person in the
    course of any investigation pursuant to a subpoena under
    this Section and:
            (A) any case or proceeding before the court or
        grand jury arising out of such investigation, or any
        proceeding before any State agency involving such
        material, has been completed, or
            (B) no case or proceeding in which such material
        may be used has been commenced within a reasonable time
        after completion of the examination and analysis of all
        documentary material and other information assembled
        in the course of such investigation,
    the custodian shall, upon written request of the person who
    produced such material, return to such person any such
    material which has not passed into the control of any
    court, grand jury, or agency through introduction into the
    record of such case or proceeding.
    (j) Judicial proceedings.
        (1) Petition for enforcement. Whenever any person
    fails to comply with any subpoena issued under subsection
    (a), or whenever satisfactory copying or reproduction of
    any material requested in such demand cannot be done and
    such person refuses to surrender such material, the
    Attorney General may file, in the circuit court of any
    county in which such person resides, is found, or transacts
    business, or the circuit court of the county in which an
    action filed pursuant to Section 4 of this Act is pending
    if the action relates to the subject matter of the subpoena
    and serve upon such person a petition for an order of such
    court for the enforcement of the subpoena.
        (2) Petition to modify or set aside subpoena.
            (A) Any person who has received a subpoena issued
        under subsection (a) may file, in the circuit court of
        any county within which such person resides, is found,
        or transacts business, and serve upon the Attorney
        General a petition for an order of the court to modify
        or set aside such subpoena. In the case of a petition
        addressed to an express demand for any product of
        discovery, a petition to modify or set aside such
        demand may be brought only in the circuit court of the
        county in which the proceeding in which such discovery
        was obtained is or was last pending. Any petition under
        this subparagraph (A) must be filed:
                (i) within 20 days after the date of service of
            the subpoena, or at any time before the return date
            specified in the subpoena, whichever date is
            earlier, or
                (ii) within such longer period as may be
            prescribed in writing by the Attorney General.
            (B) The petition shall specify each ground upon
        which the petitioner relies in seeking relief under
        subparagraph (A), and may be based upon any failure of
        the subpoena to comply with the provisions of this
        Section or upon any constitutional or other legal right
        or privilege of such person. During the pendency of the
        petition in the court, the court may stay, as it deems
        proper, the running of the time allowed for compliance
        with the subpoena, in whole or in part, except that the
        person filing the petition shall comply with any
        portion of the subpoena not sought to be modified or
        set aside.
        (3) Petition to modify or set aside demand for product
    of discovery. In the case of any subpoena issued under
    subsection (a) which is an express demand for any product
    of discovery, the person from whom such discovery was
    obtained may file, in the circuit court of the county in
    which the proceeding in which such discovery was obtained
    is or was last pending, a petition for an order of such
    court to modify or set aside those portions of the subpoena
    requiring production of any such product of discovery,
    subject to the same terms, conditions, and limitations set
    forth in subparagraph (j)(2) of this Section.
        (4) Jurisdiction. Whenever any petition is filed in any
    circuit court under this subsection (j), such court shall
    have jurisdiction to hear and determine the matter so
    presented, and to enter such orders as may be required to
    carry out the provisions of this Section. Any final order
    so entered shall be subject to appeal in the same manner as
    appeals of other final orders in civil matters. Any
    disobedience of any final order entered under this Section
    by any court shall be punished as a contempt of the court.
    (k) Disclosure exemption. Any documentary material,
answers to written interrogatories, or oral testimony provided
under any subpoena issued under subsection (a) shall be exempt
from disclosure under the Illinois Administrative Procedure
(Source: P.A. 92-651, eff. 7-11-02; 93-579, eff. 1-1-04.)

Effective Date: 1/1/2007