“Sec. 4. The presiding officer of each house, and the chairman, or any member of any committee appointed by either house, or of a joint committee appointed by the two houses of the General Assembly, may administer oaths and affirmations to witnesses called before such house or committee for the purpose of giving evidence touching any matter or thing which may be under the consideration or investigation of such house or committee” (25 ILCS 5/4).
“Sec. 6. Any person may be compelled, by subpoena, to appear and give testimony as a witness, and produce papers and documents before either house or a committee thereof, or a joint committee of both houses. The subpoena shall be signed by the presiding officer of the house or the chairman of the committee before whom the witness is to appear, and may be served in the same manner as subpoenas from courts. But the testimony of a witness examined and testifying before either house of the General Assembly, any committee of either house, or any joint committee of the two houses, shall not be used as evidence in any criminal proceedings against such witness in any court of justice: Provided, that no official paper or record produced by such witness on such examination shall be held or taken to be included within the privilege of such evidence so as to protect such witness from any criminal proceeding as aforesaid, and no witness shall hereafter be allowed to refuse to testify to any fact, or to produce any paper touching which he shall be examined by either house, or by any of the committees, for the reason that his testimony touching such fact, or the production of such paper, may tend to disgrace him or render him infamous: Provided, further, that nothing in this act shall be construed to exempt any witness from prosecution and punishment for perjury committed by him in testifying as aforesaid” (25 ILCS 5/6).
House Rules #
“Witnesses, Oaths, and Subpoenas.
- “(a) At the discretion of the Chairperson, standing committees may administer oaths and may compel, by subpoena, any person to appear and give testimony as a witness before the standing committee and produce papers, documents, and other materials relating to a legislative measure pending before the standing committee.
- “(b) At the discretion of the Chairperson, special committees may administer oaths and may compel, by subpoena, any person to appear and give testimony before the special committee and produce papers, documents, and other materials relating to the subject matter for which the special committee was created or relating to a legislative measure pending before the special committee.
- “(c) At the discretion of the Speaker, a Committee of the Whole may administer oaths and may compel, by subpoena, any person to appear and give testimony before the committee of the whole and produce papers, documents, and other materials relating to the subject matter for which the committee of the whole was created or relating to a legislative measure pending before the committee of the whole.
- “(d) Oaths may be administered under this Rule by the Presiding Officer or by the Chairperson of a committee or any person sitting in his or her stead” (House Rule 23).
Senate Rules #
“Witnesses, Oaths, Affirmations, and Subpoenas.
- “(a) Standing committees may administer oaths (or affirmations) and may compel, by subpoena, any person or entity to (i) appear and give testimony as a witness before the standing committee, (ii) produce papers, documents, and other materials relating to a legislative measure pending before the standing committee or a subject matter within the jurisdiction of the standing committee, or (iii) do both (i) and (ii).
- “(b) Special committees may administer oaths (or affirmations) and may compel, by subpoena, any person or entity to (i) appear and give testimony before the special committee, (ii) produce papers, documents, and other materials relating to the subject matter for which the special committee was created or relating to a legislative measure pending before the special committee, or (iii) do both (i) and (ii).
- “(c) A committee of the whole may administer oaths (or affirmations) and may compel, by subpoena, any person or entity to (i) appear and give testimony before the committee of the whole, (ii) produce papers, documents, and other materials relating to the subject matter for which the committee of the whole was created or relating to a legislative measure pending before the committee of the whole, or (iii) do both (i) and (ii).
- “(d) Oaths may be administered under this Rule by the Presiding Officer or by the Chair of a committee or any person sitting in his or her stead.
- “(e) Subpoenas issued under this Rule must be issued and signed by the Chair of the committee and must comply with Rule 2-5(c)(9).
- “(f) A subpoena may specify terms and times of production other than at a meeting or hearing of the committee issuing the subpoena” (Senate Rule 3-13).
“(j) A committee may conduct a legislative investigation with regard to legislative measures pending before the committee” (Senate Rule 3-11).
