725 ILCS 5/112-4
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title IV - Proceedings To Commence Prosecution

 (from Ch. 38, par. 112-4)Sec. 112-4.         Duties of Grand Jury and State's Attorney.) (a) The Grand  Jury shall hear all evidence presented by the State's Attorney.(b) The Grand Jury has the right to subpoena and question any person  against whom the State's Attorney is seeking a Bill of Indictment, or any  other person, and to obtain and examine any documents or transcripts  relevant to the matter being prosecuted by the State's Attorney.  Prior to the commencement of its duties and, again, before the  consideration of each matter or charge before the Grand Jury, the  State's Attorney shall inform the Grand Jury of these rights.   In cases where the initial charge has been commenced by information or  complaint and a finding of no probable cause has resulted as to any offense  charged therein, the Grand Jury shall be informed of the finding entered  at the preliminary hearing and further advised that such finding shall not  bar the State from initiating new charges by indictment, information or  complaint if the State's Attorney has reasonable grounds to believe that  the evidence available at that time is sufficient to establish probable  cause.  In such cases, the Grand Jury shall be further advised that it has  the right to subpoena and question any witness who testified at the preliminary  hearing, or who is believed to have knowledge of such offense, and of its  right to obtain and examine the testimony heard at the preliminary hearing,  either through the production of a transcript of the proceedings, or through  the  verbatim testimony of the court reporter who attended the preliminary  hearing.  The State's Attorney shall file an affidavit as part of the Grand  Jury record indicating whether the jurors were advised of such previous  findings of no probable cause and of their rights based upon such previous finding.Any person subpoenaed who is already charged with an offense or  against whom the State's Attorney is seeking a Bill of Indictment shall  have the right to be accompanied by counsel who shall advise him of his  rights during the proceedings but may not participate in any other way.  Before any testimony is given by such a person, he shall be informed  that he has the right to refuse to answer any question that will tend to  incriminate him, that anything he says may be used against him in a  court of law, that he has the right to be accompanied and advised of his  rights by counsel, and that he will have counsel appointed for him if he  cannot afford one.(c) The foreman shall preside over all hearings and swear all  witnesses. Except where otherwise provided by this Article, the foreman  may delegate duties to other grand jurors and determine rules of  procedure.(d) If 9 grand jurors concur that the evidence before them  constitutes probable cause that a person has committed an offense the  State's Attorney shall prepare a Bill of Indictment charging that person  with such offense. The foreman shall sign each Bill of Indictment which  shall be returned in open court.(e) When the evidence presented to the Grand Jury does not warrant  the return of a Bill of Indictment, the State's Attorney may prepare a  written memorandum to such effect, entitled, "No Bill".    (Source: P.A. 85-690.)