2023 Illinois Compiled Statutes › Chapter 725 - CRIMINAL PROCEDURE › 725 ILCS 215/ - Statewide Grand Jury Act.

(725 ILCS 215/1) (from Ch. 38, par. 1701)
Sec. 1. 
		
		This Act shall be known and may be cited as the Statewide Grand Jury Act.
(Source: P.A. 87-466.)
(725 ILCS 215/2) (from Ch. 38, par. 1702)
Sec. 2. 
(a) County grand juries and State's Attorneys have always had
and
shall continue to have primary responsibility for investigating, indicting,
and prosecuting persons who violate the criminal laws of the State of
Illinois.  However, in recent years organized terrorist activity directed
against innocent civilians and certain criminal enterprises have
developed that require investigation, indictment, and prosecution on a
statewide or multicounty level.  The criminal enterprises exist
as a result of the
allure of profitability present in narcotic activity, the unlawful sale and
transfer of firearms, and streetgang related felonies and organized terrorist
activity is supported by the contribution of money and expert assistance from
geographically diverse sources. In
order to shut off the life blood of terrorism and
weaken or eliminate the criminal enterprises, assets, and
property
used to further these offenses must be frozen, and any profit must be
removed. State
statutes exist that can accomplish that goal.  Among them are the offense of
money laundering, violations
of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, and gunrunning.  Local prosecutors need
investigative personnel and specialized training to attack and eliminate these
profits. In light of the transitory and complex nature of conduct that
constitutes these criminal activities, the many diverse property interests that
may be used, acquired directly or indirectly as a result of these criminal
activities, and the many places that illegally obtained property may be
located, it is the purpose of this Act to create a limited, multicounty
Statewide Grand Jury with authority to investigate, indict, and prosecute:
narcotic activity, including cannabis and controlled substance trafficking,
narcotics racketeering, money laundering, violations of the Cannabis
and
Controlled Substances Tax Act, and violations of Article 29D of the Criminal
Code of 1961 or the Criminal Code of 2012; the unlawful sale and transfer of firearms;
gunrunning; and streetgang related felonies.
(b) A Statewide Grand Jury may also investigate, indict, and prosecute
violations facilitated by the use of a computer of any of
 the
following offenses: indecent solicitation of a child, sexual exploitation of a
child, soliciting for a juvenile prostitute, keeping a place of juvenile
prostitution, juvenile pimping, child pornography, aggravated child pornography, or promoting juvenile prostitution except as described in subdivision (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012.
(c) A Statewide Grand Jury may also investigate, indict, and prosecute violations of organized retail crime.
(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
(725 ILCS 215/3) (from Ch. 38, par. 1703)
Sec. 3. Written application for the appointment of a Circuit
Judge to convene and preside over a Statewide Grand Jury, with jurisdiction
extending throughout the State, shall be made to the Chief Justice of the
Supreme Court.  Upon such written application, the Chief Justice of the
Supreme Court shall appoint a Circuit Judge from the circuit where the
Statewide Grand Jury is being sought to be convened, who shall make a
determination that the convening of a Statewide Grand Jury is necessary.
In such application the Attorney General shall state that the convening
of a Statewide Grand Jury is necessary because of an alleged offense or
offenses set forth in this Section involving more than one county of the
State and identifying any such offense alleged; and
(a) that he or she believes that the grand jury     function for the investigation and indictment of the offense or offenses cannot effectively be performed by a county grand jury together with the reasons for such belief, and
(b)(1) that each State's Attorney with jurisdiction     over an offense or offenses to be investigated has consented to the impaneling of the Statewide Grand Jury, or
(2) if one or more of the State's Attorneys having     jurisdiction over an offense or offenses to be investigated fails to consent to the impaneling of the Statewide Grand Jury, the Attorney General shall set forth good cause for impaneling the Statewide Grand Jury.
If the Circuit Judge determines that the convening of a Statewide Grand
Jury is necessary, he or she shall convene and impanel the Statewide Grand
Jury with jurisdiction extending throughout the State to investigate and
return indictments:
(a) For violations of any of the following or for any     other criminal offense committed in the course of violating any of the following: Article 29D of the Criminal Code of  1961 or the Criminal Code of 2012, the Illinois Controlled Substances Act, the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or the Narcotics Profit Forfeiture Act; a streetgang related felony offense; Section 16-25.1, 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of 2012; or a money laundering offense; provided that the violation or offense involves acts occurring in more than one county of this State; and
(a-5) For violations facilitated by the use of a     computer, including the use of the Internet, the World Wide Web, electronic mail, message board, newsgroup, or any other commercial or noncommercial on-line service, of any of the following offenses:  indecent solicitation of a child, sexual exploitation of a child, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, juvenile pimping, child pornography, aggravated child pornography, or promoting juvenile prostitution except as described in subdivision (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012; and
(b) For the offenses of perjury, subornation of     perjury, communicating with jurors and witnesses, and harassment of jurors and witnesses, as they relate to matters before the Statewide Grand Jury.
"Streetgang related" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
Upon written application by the Attorney General for the convening of an
additional Statewide Grand Jury, the Chief Justice of the Supreme Court shall
appoint a Circuit Judge from the circuit for which the additional Statewide
Grand Jury is sought.  The Circuit Judge shall determine the necessity for
an additional Statewide Grand Jury in accordance with the provisions of this
Section.  No more than 2 Statewide Grand Juries may be empaneled at any time.
(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
(725 ILCS 215/4) (from Ch. 38, par. 1704)
Sec. 4. 
(a) The presiding judge of the Statewide Grand Jury will
receive recommendations from the Attorney General as to the county in which
the Grand Jury will sit.  Prior to making the recommendations, the Attorney
General shall obtain the permission of the local State's Attorney to use
his or her county for the site of the Statewide Grand Jury.  Upon receiving
the Attorney General's recommendations, the presiding judge will choose one
of those recommended locations as the site where the Grand Jury shall sit.
Any indictment by a Statewide Grand Jury shall be returned to the
Circuit Judge presiding over the Statewide Grand Jury and shall include a
finding as to the county or counties in which the alleged offense was
committed.  Thereupon, the judge shall, by order, designate the county of
venue for the purpose of trial.  The judge may also, by order, direct the
consolidation of an indictment returned by a county grand jury with an
indictment returned by the Statewide Grand Jury and set venue for trial.
(b) Venue for purposes of trial for the offense of narcotics
racketeering shall be proper in any county where:
(1) Cannabis or a controlled substance which is the     basis for the charge of narcotics racketeering was used; acquired; transferred or distributed to, from or through; or any county where any act was performed to further the use; acquisition, transfer or distribution of said cannabis or controlled substance; or
(2) Any money, property, property interest, or any     other asset generated by narcotics activities was acquired, used, sold, transferred or distributed to, from or through; or,
(3) Any enterprise interest obtained as a result of     narcotics racketeering was acquired, used, transferred or distributed to, from or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise.
(c) Venue for purposes of trial for the offense of money laundering
shall be proper in any county where any part of a financial transaction in
criminally derived property took place, or in any county where any money or
monetary interest which is the basis for the offense, was acquired, used,
sold, transferred or distributed to, from, or through.
(d) A person who commits the offense of cannabis trafficking or
controlled substance trafficking may be tried in any county.
(e) Venue for purposes of trial for any violation of Article 29D of the
Criminal Code of 1961 or the Criminal Code of 2012 may be in the county in which an act of terrorism occurs,
the county in which material support or resources are provided or solicited,
the county in which criminal assistance is rendered, or any county in which any
act in furtherance of any violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012
occurs.
(f) Venue for purposes of trial for the offense of organized retail crime shall be proper in any county where:
(1) any property, property interest, asset, money, or     thing of value that is the basis for the charge of  organized retail crime was used, acquired, transferred, or distributed to, from, or through; or any county where any act was performed to further the use, acquisition, transfer, or distribution of the  property, property interest, asset, money, or thing or value; or
(2) any enterprise interest obtained as a result of     organized retail crime was acquired, used, transferred, or distributed to, from, or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise.(Source: P.A. 102-757, eff. 5-13-22.)
(725 ILCS 215/5) (from Ch. 38, par. 1705)
Sec. 5. 
		
		A Statewide Grand Jury shall be called and shall sit at such
times and for such periods, and subject to the same procedures, as grand
juries in counties having not more than 1,000,000 inhabitants, except as
otherwise provided in this Act.
(Source: P.A. 87-466.)
(725 ILCS 215/6) (from Ch. 38, par. 1706)
Sec. 6. 
		
		Except as otherwise provided in this Act, a Statewide Grand
Jury shall have the same powers and duties, shall be selected in the same
manner, shall be served by county personnel in the same manner, and shall
follow the same procedures, as other grand juries in the county in which
the Statewide Grand Jury sits.
A Statewide Grand Jury may, at the discretion of the presiding judge,
draw jurors from counties adjoining the one in which it is to sit.
Personnel of adjoining counties shall assist the Statewide Grand Jury in
drawing such jurors from their respective counties in the same manner as
they would assist in the selection of grand jurors sitting in their own
county.
(Source: P.A. 87-466.)
(725 ILCS 215/7) (from Ch. 38, par. 1007)
Sec. 7. 
		
		The Attorney General or his assistant shall attend each
Statewide Grand Jury, and shall prosecute any indictment returned by it,
unless the State's Attorney of the country of venue for the indictment
consents to prosecute the indictment. The Attorney General or his assistant
shall have the same powers and duties in relation to a Statewide Grand Jury
that a State's Attorney has in relation to a county grand jury, except as
otherwise provided in this Act.
(Source: P.A. 87-466.)
(725 ILCS 215/8) (from Ch. 38, par. 1708)
Sec. 8. 
		
		The costs of impaneling a Statewide Grand Jury, and the costs
and expenses incurred in the performance of its functions and duties, shall
be paid by the county in which it sits.  The county shall be reimbursed for
such costs and expenses by the State out of funds appropriated to the
Attorney General for that purpose.
(Source: P.A. 87-466.)
(725 ILCS 215/9) (from Ch. 38, par. 1709)
Sec. 9. 
		
		No provision of this Act shall be construed as limiting
the jurisdiction of county grand juries or State's Attorneys, nor shall an
investigation by a Statewide Grand Jury be deemed to preempt an
investigation by any other grand jury or agency having jurisdiction over
the same subject matter.
(Source: P.A. 87-466.)
(725 ILCS 215/10) (from Ch. 38, par. 1710)
Sec. 10. 
		
		The Attorney General shall, at the earliest opportunity,
upon initiation of Grand Jury action, consult with and advise the State's
Attorney of any county involved in a Statewide Grand Jury terrorist or
narcotics
investigation.  Further, the State's Attorney may attend
the Grand Jury proceedings or the trial of any party being investigated or
indicted by the Statewide Grand Jury, and may assist in the prosecution,
which in his or her judgment, is in the interest of the people of his or
her county.  Prior to granting transactional immunity to any witness before
the Statewide Grand Jury, any State's Attorney with jurisdiction over the
offense or offenses being investigated by the Statewide Grand Jury must
consent to the granting of immunity to the witness.  Prior to granting use
immunity to any witness before the Statewide Grand Jury, the Attorney
General shall consult with any State's Attorney with jurisdiction over the
offense or offenses being investigated by the Statewide Grand Jury.
(Source: P.A. 92-854, eff. 12-5-02.)