Illinois 2023-2024 Regular Session

Illinois House Bill HB3694 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3694 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 725 ILCS 5/112-6 from Ch. 38, par. 112-6 Amends the Code of Criminal Procedure of 1963. Provides that grand jury proceedings involving the investigation of the excessive use of force by a peace officer and the discharge of a firearm by a peace officer that result in death or any bodily harm are open to the public. Defines "excessive use of force" and "peace officer". Effective immediately. LRB103 29440 RLC 55832 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3694 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 725 ILCS 5/112-6 from Ch. 38, par. 112-6 725 ILCS 5/112-6 from Ch. 38, par. 112-6 Amends the Code of Criminal Procedure of 1963. Provides that grand jury proceedings involving the investigation of the excessive use of force by a peace officer and the discharge of a firearm by a peace officer that result in death or any bodily harm are open to the public. Defines "excessive use of force" and "peace officer". Effective immediately. LRB103 29440 RLC 55832 b LRB103 29440 RLC 55832 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3694 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/112-6 from Ch. 38, par. 112-6 725 ILCS 5/112-6 from Ch. 38, par. 112-6
4	4	725 ILCS 5/112-6 from Ch. 38, par. 112-6
5	5	Amends the Code of Criminal Procedure of 1963. Provides that grand jury proceedings involving the investigation of the excessive use of force by a peace officer and the discharge of a firearm by a peace officer that result in death or any bodily harm are open to the public. Defines "excessive use of force" and "peace officer". Effective immediately.
6	6	LRB103 29440 RLC 55832 b LRB103 29440 RLC 55832 b
7	7	LRB103 29440 RLC 55832 b
8	8	A BILL FOR
9	9	HB3694LRB103 29440 RLC 55832 b HB3694 LRB103 29440 RLC 55832 b
10	10	HB3694 LRB103 29440 RLC 55832 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Section 112-6 as follows:
16	16	6 (725 ILCS 5/112-6) (from Ch. 38, par. 112-6)
17	17	7 Sec. 112-6. Secrecy of proceedings.)
18	18	8 (a) Except as otherwise provided in subsection (b-5) of
19	19	9 this Section, only Only the State's Attorney, his or her
20	20	10 reporter, and any other person authorized by the court or by
21	21	11 law may attend the sessions of the Grand Jury. Except as
22	22	12 otherwise provided in subsection (b-5) of this Section, only
23	23	13 Only the grand jurors shall be present during the
24	24	14 deliberations and vote of the Grand Jury. If no reporter is
25	25	15 assigned by the State's Attorney to attend the sessions of the
26	26	16 Grand Jury, the court shall appoint such reporter.
27	27	17 (b) Matters other than the deliberations and vote of any
28	28	18 grand juror shall not be disclosed by the State's Attorney,
29	29	19 except as otherwise provided for in subsections (b-5) and
30	30	20 subsection (c). The court may direct that a Bill of Indictment
31	31	21 be kept secret until the defendant is in custody or has given
32	32	22 bail and in either event the clerk shall seal the Bill of
33	33	23 Indictment and no person shall disclose the finding of the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3694 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
38	38	725 ILCS 5/112-6 from Ch. 38, par. 112-6 725 ILCS 5/112-6 from Ch. 38, par. 112-6
39	39	725 ILCS 5/112-6 from Ch. 38, par. 112-6
40	40	Amends the Code of Criminal Procedure of 1963. Provides that grand jury proceedings involving the investigation of the excessive use of force by a peace officer and the discharge of a firearm by a peace officer that result in death or any bodily harm are open to the public. Defines "excessive use of force" and "peace officer". Effective immediately.
41	41	LRB103 29440 RLC 55832 b LRB103 29440 RLC 55832 b
42	42	LRB103 29440 RLC 55832 b
43	43	A BILL FOR
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49	49	725 ILCS 5/112-6 from Ch. 38, par. 112-6
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53	53	LRB103 29440 RLC 55832 b
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67	67	HB3694 - 2 - LRB103 29440 RLC 55832 b
68	68	1 Bill of Indictment except when necessary for the issuance and
69	69	2 execution of a warrant.
70	70	3 (b-5) Grand Jury proceedings involving the investigation
71	71	4 of the excessive use of force by a peace officer and the
72	72	5 discharge of a firearm by a peace officer that result in death
73	73	6 or any bodily harm are open to the public.
74	74	7 (c) (1) Disclosure otherwise prohibited by this Section of
75	75	8 matters occurring before the Grand Jury, other than its
76	76	9 deliberations and the vote of any grand juror, may be made to:
77	77	10 a. a State's Attorney for use in the performance of such
78	78	11 State's Attorney's duty; and
79	79	12 b. such government personnel as are deemed necessary by
80	80	13 the State's Attorney in the performance of such State's
81	81	14 Attorney's duty to enforce State criminal law.
82	82	15 (2) Any person to whom matters are disclosed under
83	83	16 paragraph (1) of this subsection (c) shall not use the Grand
84	84	17 Jury material for any purpose other than assisting the State's
85	85	18 Attorney in the performance of such State's Attorney's duty to
86	86	19 enforce State criminal law. The State's Attorney shall
87	87	20 promptly provide the court, before which was impaneled the
88	88	21 Grand Jury whose material has been disclosed, with the names
89	89	22 of the persons to whom such disclosure has been made.
90	90	23 (3) Disclosure otherwise prohibited by this Section of
91	91	24 matters occurring before the Grand Jury may also be made when
92	92	25 the court, preliminary to or in connection with a judicial
93	93	26 proceeding, directs such in the interests of justice or when a
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104	104	1 law so directs.
105	105	2 (d) Any grand juror or officer of the court who discloses,
106	106	3 other than to his attorney, matters occurring before the Grand
107	107	4 Jury other than in accordance with the provisions of this
108	108	5 Section subsection or Section 112-7 shall be punished as a
109	109	6 contempt of court, subject to proceedings in accordance to
110	110	7 law.
111	111	8 (e) In this Section:
112	112	9 "Excessive use of force" means force that is not
113	113	10 justified under Article 7 of the Criminal Code of 2012.
114	114	11 "Peace officer" has the meaning ascribed to it in
115	115	12 Section 2-13 of the Criminal Code of 2012.
116	116	13 (Source: P.A. 85-690.)
117	117	14 Section 99. Effective date. This Act takes effect upon
118	118	15 becoming law.
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124	124	HB3694 - 3 - LRB103 29440 RLC 55832 b