Illinois 94th Regular Session Status: Enacted

SB 2739 — WHISTLEBLOWER ACT-SUBPOENAS

Last action — Public Act . . . . . . . . . 94-0940

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2006. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Whistleblower Reward and Protection Act. Provides that, where a subpoena requires the production of documentary material, the respondent shall produce the original of the documentary material, except that the Attorney General may agree that copies may be substituted for the originals. Requires that all documentary material kept or stored in electronic form, including electronic mail, shall be produced in hard copy, unless the Attorney General agrees that electronic versions may be substituted for the hard copy. Provides that the production of documentary material shall be made at the respondent's expense.

Bill Text

What changed in the latest version

10 added · 10 removed

Plain-language change summary

The latest version of Bill SB 2739 has replaced its previous format with a new one, which could indicate either an update or corrections to the details within the bill. Although the specific content of these changes isn't provided, these kinds of amendments usually aim to improve clarity, accuracy, or address feedback received during discussions. Understanding these changes is important because it can affect how the bill is interpreted and implemented moving forward.

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SB2739 Engrossed LRB094 15329 LCT 50520 b AN ACT concerning civil liabilities.
SB2739 Enrolled LRB094 15329 LCT 50520 b AN ACT concerning civil liabilities.
Whenever a subpoena is an express demand for any product of discovery, the Attorney General or his or her delegate shall cause to be served, in any manner authorized by this Section, a copy of such demand upon the person from whom the discovery was obtained and shall SB2739 Engrossed - 2 - LRB094 15329 LCT 50520 b notify the person to whom such demand is issued of the date on which such copy was served.
Whenever a subpoena is an express demand for any product of discovery, the Attorney General or his or her delegate shall cause to be served, in any manner authorized by this Section, a copy of such demand upon the person from whom the discovery was obtained and shall SB2739 Enrolled - 2 - LRB094 15329 LCT 50520 b notify the person to whom such demand is issued of the date on which such copy was served.
(F) Shall advise that the person has 20 days from SB2739 Engrossed - 3 - LRB094 15329 LCT 50520 b the date of service or up until the return date specified in the demand, whichever date is earlier, to move, modify, or set aside the subpoena pursuant to subparagraph (j)(2)(A) of this Section.
(F) Shall advise that the person has 20 days from SB2739 Enrolled - 3 - LRB094 15329 LCT 50520 b the date of service or up until the return date specified in the demand, whichever date is earlier, to move, modify, or set aside the subpoena pursuant to subparagraph (j)(2)(A) of this Section.
SB2739 Engrossed - 4 - LRB094 15329 LCT 50520 b (1) Legal entities.
SB2739 Enrolled - 4 - LRB094 15329 LCT 50520 b (1) Legal entities.
The production of documentary SB2739 Engrossed - 5 - LRB094 15329 LCT 50520 b material in response to a subpoena served under this Section shall be made under a sworn certificate, in such form as the subpoena designates, by:
The production of documentary SB2739 Enrolled - 5 - LRB094 15329 LCT 50520 b material in response to a subpoena served under this Section shall be made under a sworn certificate, in such form as the subpoena designates, by:
(1) in the case of a natural person, the person to whom the subpoena is directed, or (2) in the case of a person other than a natural person, the person or persons responsible for answering SB2739 Engrossed - 6 - LRB094 15329 LCT 50520 b each interrogatory.
(1) in the case of a natural person, the person to whom the subpoena is directed, or (2) in the case of a person other than a natural person, the person or persons responsible for answering SB2739 Enrolled - 6 - LRB094 15329 LCT 50520 b each interrogatory.
The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the State, any person who may be agreed upon by the attorney for the State and the person giving the testimony, the officer before whom the testimony is to be SB2739 Engrossed - 7 - LRB094 15329 LCT 50520 b taken, and any stenographer taking such testimony.
The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the State, any person who may be agreed upon by the attorney for the State and the person giving the testimony, the officer before whom the testimony is to be SB2739 Enrolled - 7 - LRB094 15329 LCT 50520 b taken, and any stenographer taking such testimony.
Any person appearing for oral testimony under a subpoena issued under subsection (a) shall be entitled to the same fees and allowances which SB2739 Engrossed - 8 - LRB094 15329 LCT 50520 b are paid to witnesses in the circuit court.
Any person appearing for oral testimony under a subpoena issued under subsection (a) shall be entitled to the same fees and allowances which SB2739 Enrolled - 8 - LRB094 15329 LCT 50520 b are paid to witnesses in the circuit court.
Whenever any person fails to comply with any subpoena issued under subsection SB2739 Engrossed - 9 - LRB094 15329 LCT 50520 b (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the circuit court of any county in which such person resides, is found, or transacts business, or the circuit court of the county in which an action filed pursuant to Section 4 of this Act is pending if the action relates to the subject matter of the subpoena and serve upon such person a petition for an order of such court for the enforcement of the subpoena.
Whenever any person fails to comply with any subpoena issued under subsection SB2739 Enrolled - 9 - LRB094 15329 LCT 50520 b (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the circuit court of any county in which such person resides, is found, or transacts business, or the circuit court of the county in which an action filed pursuant to Section 4 of this Act is pending if the action relates to the subject matter of the subpoena and serve upon such person a petition for an order of such court for the enforcement of the subpoena.
During the pendency of the petition in the court, the court may stay, as it deems SB2739 Engrossed - 10 - LRB094 15329 LCT 50520 b proper, the running of the time allowed for compliance with the subpoena, in whole or in part, except that the person filing the petition shall comply with any portion of the subpoena not sought to be modified or set aside.
During the pendency of the petition in the court, the court may stay, as it deems SB2739 Enrolled - 10 - LRB094 15329 LCT 50520 b proper, the running of the time allowed for compliance with the subpoena, in whole or in part, except that the person filing the petition shall comply with any portion of the subpoena not sought to be modified or set aside.
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Action History

  1. Public Act . . . . . . . . . 94-0940

  2. Effective Date January 1, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 113-000-000

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Fiscal Note Filed

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass / Short Debate State Government Administration Committee; 009-000-000

  12. Assigned to State Government Administration Committee

  13. Referred to Rules Committee

  14. First Reading

  15. Chief House Sponsor Rep. John A. Fritchey

  16. Placed on Calendar Order of First Reading

  17. Arrived in House

  18. Third Reading - Passed; 055-000-000

  19. Placed on Calendar Order of 3rd Reading February 14, 2006

  20. Second Reading

  21. Placed on Calendar Order of 2nd Reading February 9, 2006

  22. Do Pass Judiciary; 009-000-000

  23. Assigned to Judiciary

  24. Referred to Rules

  25. First Reading

  26. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 101005
Democrat 9000
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Not Voting
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Munson — Yea
Hultgren — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Yea
Krause — Yea
Lang — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Lyons, Joseph — Yea
Sommer — Yea
Soto — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Burke — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Leitch — Not Voting
Madigan — Not Voting
Sullivan — Yea
Hannig — Yea
Moffitt — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Howard — Yea
Nekritz — Yea
Parke — Yea
Watson — Yea
Phelps — Yea
Pihos — Yea
Tenhouse — Yea
Davis, Monique — Yea
Jones — Not Voting
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 49004
Democrat 5000
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Haine — Yea
Halvorson — Yea
Millner — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Trotter — Yea
Brady — Yea
Munoz — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Clayborne — Yea
Crotty — Yea
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Lauzen — Yea
Demuzio — Yea
Link — Yea
Luechtefeld — Not Voting
Meeks — Not Voting
Silverstein — Not Voting
Viverito — Yea
Wilhelmi — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Winkel — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2739 do?
Amends the Whistleblower Reward and Protection Act. Provides that, where a subpoena requires the production of documentary material, the respondent shall produce the original of the documentary material, except that the Attorney General may agree that copies may be substituted for the originals. Requires that all documentary material kept or stored in electronic form, including electronic mail, shall be produced in hard copy, unless the Attorney General agrees that electronic versions may be substituted for the hard copy. Provides that the production of documentary material shall be made at the respondent's expense.
Who sponsors SB 2739?
SB 2739 is sponsored by John J. Cullerton.
What is the current status of SB 2739?
This bill has been enacted into law. Introduced January 20, 2006. Enacted.
Where can I track SB 2739?
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