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
 


HB3694LRB103 29440 RLC 55832 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
or her 
10reporter, and any other person authorized by the court or by 
11law
may attend the sessions of the Grand Jury. Except as 
12otherwise provided in subsection (b-5) of this Section, only 
13Only the
grand jurors shall be present during the 
14deliberations and vote of the
Grand Jury. If no reporter is 
15assigned by the State's Attorney to attend
the sessions of the 
16Grand Jury, the court shall appoint such 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). The court may direct that a Bill of
Indictment 
21be kept secret until the defendant is in custody or has given

22bail and in either event the clerk shall seal the Bill of 
23Indictment and no
person shall disclose the finding of the 
 
 
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1Bill of Indictment except when
necessary for the issuance and 
2execution 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 
13the State's
Attorney in the performance of such State's 
14Attorney's duty 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

20promptly provide the court, before which was impaneled the 
21Grand Jury whose
material has been disclosed, with the names 
22of the persons 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 
 
 
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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 
7law.
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 
15becoming law.