HB 2671

Abstract

Amends the Code of Criminal Procedure of 1963. Adds the State's Attorney's Investigative Subpoenas Article to the Code. Provides that at any time prior to the commencement of a prosecution and upon written application by the State's Attorney, the circuit court shall cause the clerk of the court to issue subpoenas ad testificandum or duces tecum directed to the sheriff or coroner of any county in the State for the purpose of obtaining the testimony of any person or any document or material relevant to a criminal matter being investigated by the State's Attorney. Establishes procedures under which the State's Attorney may apply for the issuance of such subpoenas. Provides that any person appearing before an issuing court in response to a State's Attorney's investigative subpoena shall have the right to be accompanied by counsel. Provides that any proceeding related to the issuance or enforceability of the subpoena, or to the disclosure of information obtained from such subpoena, shall take place in camera and in the presence of the State's Attorney, and at the party's request, the party subpoenaed and his or her counsel, and a court reporter who shall transcribe the proceedings. Provides that except for the State's Attorney's copy, such transcripts shall be sealed and in the event a prosecution is commenced, the transcript shall be disclosed to the accused as provided by law. Provides that the Attorney General, in cooperation with the Illinois State's Attorney Association, shall annually provide a course of training to the State's Attorneys, in the legal, ethical, and practical aspects of the provisions of the Article relating to investigation and prosecutorial functions. Effective immediately.