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IL HB2671
Bill
Status
2/20/2009
Primary Sponsor
Dennis Reboletti
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AI Summary
HB2671 Summary
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Adds Article 108C to the Illinois Code of Criminal Procedure establishing State's Attorney investigative subpoenas that may be issued by circuit courts prior to prosecution commencement for obtaining testimony, documents, or materials relevant to criminal investigations.
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Requires State's Attorneys to apply in writing to circuit courts, setting forth the nature of the investigation and relevancy of sought materials, with court rulings governed by grand jury procedures rather than trial evidence rules.
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Mandates testimony be taken under oath with court reporter transcription or electronic recording; persons being investigated for charges must be informed of their right to counsel, right to remain silent, and that statements may be used against them.
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Seals all transcripts and recordings except the State's Attorney's copy; prohibits disclosure of subpoena existence or materials except to other State's Attorneys and authorized government personnel; violations of secrecy provisions are contempt of court.
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Requires the Attorney General to provide annual training to State's Attorneys on legal, ethical, and practical aspects of investigative subpoena procedures; takes effect immediately upon enactment.
Legislative Description
CRIM PRO-STATES ATT-SUBPOENA
Last Action
Rule 19(a) / Re-referred to Rules Committee
4/3/2009