Illinois 96th Regular Session Status: Passed Senate

SB 1815 — CRIM PRO-STATES ATT-SUBPOENA

Last action — Session Sine Die

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

This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. Session Sine Die

  2. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  3. Rule 2-10 Third Reading Deadline Established As April 30, 2009

  4. Placed on Calendar Order of 3rd Reading March 31, 2009

  5. Second Reading

  6. Chief Sponsor Changed to Sen. Dale A. Righter

  7. Placed on Calendar Order of 2nd Reading March 17, 2009

  8. Do Pass Criminal Law; 005-002-000

  9. Assigned to Criminal Law

  10. Referred to Assignments

  11. First Reading

  12. Filed with Secretary by Sen. John J. Millner

Sponsors

  • Dale A. Righter · Cosponsor

Sponsorship breakdown

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

Sponsors (0)

None.

Co-sponsors (1)

  • Dale A. Righter

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

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 1815 do?
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.
Who sponsors SB 1815?
SB 1815 is sponsored by Dale A. Righter.
What is the current status of SB 1815?
This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1815?
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