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
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
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
LRB103 29440 RLC 55832 b
A BILL FOR
HB3694LRB103 29440 RLC 55832 b HB3694 LRB103 29440 RLC 55832 b
HB3694 LRB103 29440 RLC 55832 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 112-6 as follows:
6 (725 ILCS 5/112-6) (from Ch. 38, par. 112-6)
7 Sec. 112-6. Secrecy of proceedings.)
8 (a) Except as otherwise provided in subsection (b-5) of
9 this Section, only Only the State's Attorney, his or her
10 reporter, and any other person authorized by the court or by
11 law may attend the sessions of the Grand Jury. Except as
12 otherwise provided in subsection (b-5) of this Section, only
13 Only the grand jurors shall be present during the
14 deliberations and vote of the Grand Jury. If no reporter is
15 assigned by the State's Attorney to attend the sessions of the
16 Grand Jury, the court shall appoint such reporter.
17 (b) Matters other than the deliberations and vote of any
18 grand juror shall not be disclosed by the State's Attorney,
19 except as otherwise provided for in subsections (b-5) and
20 subsection (c). The court may direct that a Bill of Indictment
21 be kept secret until the defendant is in custody or has given
22 bail and in either event the clerk shall seal the Bill of
23 Indictment and no person shall disclose the finding of the
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
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
LRB103 29440 RLC 55832 b
A BILL FOR
725 ILCS 5/112-6 from Ch. 38, par. 112-6
LRB103 29440 RLC 55832 b
HB3694 LRB103 29440 RLC 55832 b
HB3694- 2 -LRB103 29440 RLC 55832 b HB3694 - 2 - LRB103 29440 RLC 55832 b
HB3694 - 2 - LRB103 29440 RLC 55832 b
1 Bill of Indictment except when necessary for the issuance and
2 execution of a warrant.
3 (b-5) Grand Jury proceedings involving the investigation
4 of the excessive use of force by a peace officer and the
5 discharge of a firearm by a peace officer that result in death
6 or any bodily harm are open to the public.
7 (c) (1) Disclosure otherwise prohibited by this Section of
8 matters occurring before the Grand Jury, other than its
9 deliberations and the vote of any grand juror, may be made to:
10 a. a State's Attorney for use in the performance of such
11 State's Attorney's duty; and
12 b. such government personnel as are deemed necessary by
13 the State's Attorney in the performance of such State's
14 Attorney's duty to enforce State criminal law.
15 (2) Any person to whom matters are disclosed under
16 paragraph (1) of this subsection (c) shall not use the Grand
17 Jury material for any purpose other than assisting the State's
18 Attorney in the performance of such State's Attorney's duty to
19 enforce State criminal law. The State's Attorney shall
20 promptly provide the court, before which was impaneled the
21 Grand Jury whose material has been disclosed, with the names
22 of the persons to whom such disclosure has been made.
23 (3) Disclosure otherwise prohibited by this Section of
24 matters occurring before the Grand Jury may also be made when
25 the court, preliminary to or in connection with a judicial
26 proceeding, directs such in the interests of justice or when a
HB3694 - 2 - LRB103 29440 RLC 55832 b
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HB3694 - 3 - LRB103 29440 RLC 55832 b
1 law so directs.
2 (d) Any grand juror or officer of the court who discloses,
3 other than to his attorney, matters occurring before the Grand
4 Jury other than in accordance with the provisions of this
5 Section subsection or Section 112-7 shall be punished as a
6 contempt of court, subject to proceedings in accordance to
7 law.
8 (e) In this Section:
9 "Excessive use of force" means force that is not
10 justified under Article 7 of the Criminal Code of 2012.
11 "Peace officer" has the meaning ascribed to it in
12 Section 2-13 of the Criminal Code of 2012.
13 (Source: P.A. 85-690.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
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