Bill Text: IL HB0317 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may be convened to investigate violations of offenses involving the corruption of a public official, including the Official Misconduct Article and the Public Contracts Article of the Criminal Code of 1961 or the Criminal Code of 2012.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB0317 Detail]
Download: Illinois-2017-HB0317-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Statewide Grand Jury Act is amended by | |||||||||||||||||||||||
5 | changing Sections 2, 3, and 4 as follows:
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6 | (725 ILCS 215/2) (from Ch. 38, par. 1702)
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7 | Sec. 2.
(a) County grand juries and State's Attorneys have | |||||||||||||||||||||||
8 | always had
and
shall continue to have primary responsibility | |||||||||||||||||||||||
9 | for investigating, indicting,
and prosecuting persons who | |||||||||||||||||||||||
10 | violate the criminal laws of the State of
Illinois. However, in | |||||||||||||||||||||||
11 | recent years organized terrorist activity directed
against | |||||||||||||||||||||||
12 | innocent civilians , and certain criminal enterprises , and | |||||||||||||||||||||||
13 | public corruption have
developed that require investigation, | |||||||||||||||||||||||
14 | indictment, and prosecution on a
statewide or multicounty | |||||||||||||||||||||||
15 | level. The criminal enterprises exist
as a result of the
allure | |||||||||||||||||||||||
16 | of profitability present in narcotic activity, public | |||||||||||||||||||||||
17 | corruption, the unlawful sale and
transfer of firearms, and | |||||||||||||||||||||||
18 | streetgang related felonies and organized terrorist
activity | |||||||||||||||||||||||
19 | is supported by the contribution of money and expert assistance | |||||||||||||||||||||||
20 | from
geographically diverse sources. In
order to shut off the | |||||||||||||||||||||||
21 | life blood of terrorism and
weaken or eliminate the criminal | |||||||||||||||||||||||
22 | enterprises, assets, and
property
used to further these | |||||||||||||||||||||||
23 | offenses must be frozen, and any profit must be
removed. State
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1 | statutes exist that can accomplish that goal. Among them are | ||||||
2 | the offense of
money laundering, the Cannabis and Controlled | ||||||
3 | Substances Tax Act, violations
of Articles Article 29D , 33, and | ||||||
4 | 33E of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
5 | the
Narcotics Profit Forfeiture Act, and gunrunning. Local | ||||||
6 | prosecutors need
investigative personnel and specialized | ||||||
7 | training to attack and eliminate these
profits. In light of the | ||||||
8 | transitory and complex nature of conduct that
constitutes these | ||||||
9 | criminal activities, the many diverse property interests that
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10 | may be used, acquired directly or indirectly as a result of | ||||||
11 | these criminal
activities, and the many places that illegally | ||||||
12 | obtained property may be
located, it is the purpose of this Act | ||||||
13 | to create a limited, multicounty
Statewide Grand Jury with | ||||||
14 | authority to investigate, indict, and prosecute:
narcotic | ||||||
15 | activity, including cannabis and controlled substance | ||||||
16 | trafficking,
narcotics racketeering, money laundering, | ||||||
17 | violations of the Cannabis
and
Controlled Substances Tax Act, | ||||||
18 | and violations of Articles Article 29D , 33, and 33E of the | ||||||
19 | Criminal
Code of 1961 or the Criminal Code of 2012; public | ||||||
20 | corruption crimes; the unlawful sale and transfer of firearms;
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21 | gunrunning; and streetgang related felonies.
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22 | (b) A Statewide Grand Jury may also investigate, indict, | ||||||
23 | and prosecute
violations facilitated by the use of a computer | ||||||
24 | of any of
the
following offenses: indecent solicitation of a | ||||||
25 | child, sexual exploitation of a
child, soliciting for a | ||||||
26 | juvenile prostitute, keeping a place of juvenile
prostitution, |
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1 | juvenile pimping, child pornography, aggravated child | ||||||
2 | pornography, or promoting juvenile prostitution except as | ||||||
3 | described in subdivision (a)(4) of Section 11-14.4 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012.
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5 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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6 | (725 ILCS 215/3) (from Ch. 38, par. 1703)
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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
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13 | Statewide Grand Jury is being sought to be convened, who shall | ||||||
14 | make a
determination that the convening of a Statewide Grand | ||||||
15 | Jury is necessary.
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16 | In such application the Attorney General shall state that | ||||||
17 | the convening
of a Statewide Grand Jury is necessary because of | ||||||
18 | an alleged offense or
offenses set forth in this Section | ||||||
19 | involving more than one county of the
State and identifying any | ||||||
20 | such offense alleged; and
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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
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25 | belief, and
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1 | (b)(1) that each State's Attorney with jurisdiction | ||||||
2 | over an offense
or offenses to be investigated has | ||||||
3 | consented to the impaneling of the
Statewide Grand | ||||||
4 | Jury, or
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5 | (2) if one or more of the State's Attorneys having | ||||||
6 | jurisdiction over
an offense or offenses to be | ||||||
7 | investigated fails to consent to the impaneling
of the | ||||||
8 | Statewide Grand Jury, the Attorney General shall set | ||||||
9 | forth good cause
for impaneling the Statewide Grand | ||||||
10 | Jury.
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11 | If the Circuit Judge determines that the convening of a | ||||||
12 | Statewide Grand
Jury is necessary, he or she shall convene and | ||||||
13 | impanel the Statewide Grand
Jury with jurisdiction extending | ||||||
14 | throughout the State to investigate and
return indictments:
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15 | (a) For violations of any of the following or for any | ||||||
16 | other criminal
offense committed in the course of violating | ||||||
17 | any of the following: Article
29D of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012, the
Illinois Controlled | ||||||
19 | Substances Act, the Cannabis Control Act, the | ||||||
20 | Methamphetamine Control and Community Protection Act, the | ||||||
21 | Narcotics
Profit Forfeiture Act, or the Cannabis and | ||||||
22 | Controlled Substances Tax Act; a
streetgang related felony | ||||||
23 | offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1,
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24 | 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), | ||||||
25 | 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), 24-1(a)(10), or | ||||||
26 | 24-1(c) of the Criminal Code of 1961 or the Criminal Code |
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1 | of 2012; or a money
laundering offense; provided that the | ||||||
2 | violation or offense involves acts
occurring in more than | ||||||
3 | one county of this State; and
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4 | (a-5) For violations facilitated by the use of a | ||||||
5 | computer, including
the use of the Internet, the World Wide | ||||||
6 | Web, electronic mail, message board,
newsgroup, or any | ||||||
7 | other commercial or noncommercial on-line service, of any | ||||||
8 | of
the following offenses: indecent solicitation of a | ||||||
9 | child, sexual exploitation
of a child, soliciting for a | ||||||
10 | juvenile prostitute, keeping a place of juvenile
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11 | prostitution, juvenile pimping, child pornography, | ||||||
12 | aggravated child pornography, or promoting juvenile | ||||||
13 | prostitution except as described in subdivision (a)(4) of | ||||||
14 | Section 11-14.4 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012; and
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16 | (a-6) For violations of offenses involving the
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17 | corruption of a public official, including a violation of | ||||||
18 | Article 33 or 33E of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012; and
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20 | (b) For the offenses of perjury, subornation of | ||||||
21 | perjury, communicating
with jurors and witnesses, and | ||||||
22 | harassment of jurors and witnesses, as they
relate to | ||||||
23 | matters before the Statewide Grand Jury.
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24 | "Streetgang related" has the meaning ascribed to it in | ||||||
25 | Section 10 of the
Illinois Streetgang Terrorism Omnibus | ||||||
26 | Prevention Act.
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1 | Upon written application by the Attorney General for the | ||||||
2 | convening of an
additional Statewide Grand Jury, the Chief | ||||||
3 | Justice of the Supreme Court shall
appoint a Circuit Judge from | ||||||
4 | the circuit for which the additional Statewide
Grand Jury is | ||||||
5 | sought. The Circuit Judge shall determine the necessity for
an | ||||||
6 | additional Statewide Grand Jury in accordance with the | ||||||
7 | provisions of this
Section. No more than 2 Statewide Grand | ||||||
8 | Juries may be empaneled at any time.
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9 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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10 | (725 ILCS 215/4) (from Ch. 38, par. 1704)
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11 | Sec. 4.
(a) The presiding judge of the Statewide Grand Jury | ||||||
12 | will
receive recommendations from the Attorney General as to | ||||||
13 | the county in which
the Grand Jury will sit. Prior to making | ||||||
14 | the recommendations, the Attorney
General shall obtain the | ||||||
15 | permission of the local State's Attorney to use
his or her | ||||||
16 | county for the site of the Statewide Grand Jury. Upon receiving
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17 | the Attorney General's recommendations, the presiding judge | ||||||
18 | will choose one
of those recommended locations as the site | ||||||
19 | where the Grand Jury shall sit.
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20 | Any indictment by a Statewide Grand Jury shall be returned | ||||||
21 | to the
Circuit Judge presiding over the Statewide Grand Jury | ||||||
22 | and shall include a
finding as to the county or counties in | ||||||
23 | which the alleged offense was
committed. Thereupon, the judge | ||||||
24 | shall, by order, designate the county of
venue for the purpose | ||||||
25 | of trial. The judge may also, by order, direct the
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1 | consolidation of an indictment returned by a county grand jury | ||||||
2 | with an
indictment returned by the Statewide Grand Jury and set | ||||||
3 | venue for trial.
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4 | (b) Venue for purposes of trial for the offense of | ||||||
5 | narcotics
racketeering shall be proper in any county where:
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6 | (1) Cannabis or a controlled substance which is the | ||||||
7 | basis for the charge
of narcotics racketeering was used; | ||||||
8 | acquired; transferred or distributed
to, from or through; | ||||||
9 | or any county where any act was performed to further
the | ||||||
10 | use; acquisition, transfer or distribution of said | ||||||
11 | cannabis or
controlled substance; or
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12 | (2) Any money, property, property interest, or any | ||||||
13 | other asset generated
by narcotics activities was | ||||||
14 | acquired, used, sold, transferred or
distributed to, from | ||||||
15 | or through; or,
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16 | (3) Any enterprise interest obtained as a result of | ||||||
17 | narcotics
racketeering was acquired, used, transferred or | ||||||
18 | distributed to, from or
through, or where any activity was | ||||||
19 | conducted by the enterprise or any
conduct to further the | ||||||
20 | interests of such an enterprise.
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21 | (c) Venue for purposes of trial for the offense of money | ||||||
22 | laundering
shall be proper in any county where any part of a | ||||||
23 | financial transaction in
criminally derived property took | ||||||
24 | place, or in any county where any money or
monetary interest | ||||||
25 | which is the basis for the offense, was acquired, used,
sold, | ||||||
26 | transferred or distributed to, from, or through.
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1 | (d) A person who commits the offense of cannabis | ||||||
2 | trafficking or
controlled substance trafficking may be tried in | ||||||
3 | any county.
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4 | (e) Venue for purposes of trial for any violation of | ||||||
5 | Article 29D of the
Criminal Code of 1961 or the Criminal Code | ||||||
6 | of 2012 may be in the county in which an act of terrorism | ||||||
7 | occurs,
the county in which material support or resources are | ||||||
8 | provided or solicited,
the county in which criminal assistance | ||||||
9 | is rendered, or any county in which any
act in furtherance of | ||||||
10 | any violation of Article 29D of the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012
occurs.
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12 | (f) Venue for purposes of trial for any offense
involving | ||||||
13 | the corruption of a public official may be in the county in | ||||||
14 | which the offense occurred. | ||||||
15 | (Source: P.A. 97-1150, eff. 1-25-13.)
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