100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0803
 
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.



LRB100 05471 SLF 15482 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB0803LRB100 05471 SLF 15482 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Code of Criminal Procedure of 1963 is 
5amended 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 
9this Section, only Only the State's Attorney, his
reporter and 
10any other person authorized by the court or by law
may attend 
11the sessions of the Grand Jury. Except as otherwise provided in 
12subsection (b-5) of this Section, only Only the
grand jurors 
13shall be present during the deliberations and vote of the
Grand 
14Jury. If no reporter is assigned by the State's Attorney to 
15attend
the sessions of the Grand Jury, the court shall appoint 
16such reporter.

17 (b) Matters other than the deliberations and vote of any 
18grand juror
shall not be disclosed by the State's Attorney, 
19except as otherwise
provided for in subsections (b-5) and 
20subsection (c) of this Section. The court may direct that a 
21Bill of
Indictment be kept secret until the defendant is in 
22custody or has given
bail and in either event the clerk shall 
23seal the Bill of Indictment and no
person shall disclose the 
 
 
HB0803- 2 -LRB100 05471 SLF 15482 b


1finding of the Bill of Indictment except when
necessary for the 
2issuance and execution of a warrant.

3 (b-5) Grand Jury proceedings involving the investigation 
4of the excessive use of force by a peace officer and the 
5discharge of a firearm by a peace officer that result in death 
6or any bodily harm are open to the public. 
7 (c) (1) Disclosure otherwise prohibited by this Section of 
8matters
occurring before the Grand Jury, other than its 
9deliberations and the vote
of any grand juror, may be made to:

10 a. a State's Attorney for use in the performance of such 
11State's
Attorney's duty; and

12 b. such government personnel as are deemed necessary by the 
13State's
Attorney in the performance of such State's Attorney's 
14duty to enforce
State criminal law.

15 (2) Any person to whom matters are disclosed under 
16paragraph (1) of this
subsection (c) shall not use the Grand 
17Jury material for any purpose other
than assisting the State's 
18Attorney in the performance of such State's
Attorney's duty to 
19enforce State criminal law. The State's Attorney shall
promptly 
20provide the court, before which was impaneled the Grand Jury 
21whose
material has been disclosed, with the names of the 
22persons to whom such
disclosure has been made.

23 (3) Disclosure otherwise prohibited by this Section of 
24matters occurring
before the Grand Jury may also be made when 
25the court, preliminary to or in
connection with a judicial 
26proceeding, directs such in the interests of
justice or when a 
 
 
HB0803- 3 -LRB100 05471 SLF 15482 b


1law so directs.

2 (d) Any grand juror or officer of the court who discloses, 
3other than to
his attorney, matters occurring before the Grand 
4Jury other than in
accordance with the provisions of this 
5Section subsection or Section 112-7 shall be
punished as a 
6contempt of court, subject to proceedings in accordance to law.
7 (e) As used in this Section:
8  "Excessive use of force" means force that is not 
9 justified under Article 7 of the Criminal Code of 2012.
10  "Peace officer" has the meaning ascribed to it in 
11 Section 2-13 of the Criminal Code of 2012. 

12(Source: P.A. 85-690.)



13 Section 99. Effective date. This Act takes effect upon 
14becoming law.