Illinois General Assembly - Full Text of Public Act 098-0905
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Public Act 098-0905


 

Public Act 0905 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0905
 
HB4594 EnrolledLRB098 16439 MRW 51504 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 108-4 as follows:
 
    (725 ILCS 5/108-4)  (from Ch. 38, par. 108-4)
    Sec. 108-4. Issuance of search warrant.
    (a) All warrants upon written complaint shall state the
time and date of issuance and be the warrants of the judge
issuing the same and not the warrants of the court in which he
or she is then sitting and these such warrants need not bear
the seal of the court or clerk thereof. The complaint on which
the warrant is issued need not be filed with the clerk of the
court nor with the court if there is no clerk until the warrant
has been executed or has been returned "not executed".
    The search warrant upon written complaint may be issued
electronically or electromagnetically by use of a facsimile
transmission machine and this any such warrant shall have the
same validity as a written search warrant.
    (b) Warrant upon oral testimony.
        (1) General rule. When the offense in connection with
    which a search warrant is sought constitutes terrorism or
    any related offense as defined in Article 29D of the
    Criminal Code of 2012, and if the circumstances make it
    reasonable to dispense, in whole or in part, with a written
    affidavit, a judge may issue a warrant based upon sworn
    testimony communicated by telephone or other appropriate
    means, including facsimile transmission.
        (2) Application. The person who is requesting the
    warrant shall prepare a document to be known as a duplicate
    original warrant and shall read such duplicate original
    warrant, verbatim, to the judge. The judge shall enter,
    verbatim, what is so read to the judge on a document to be
    known as the original warrant. The judge may direct that
    the warrant be modified.
        (3) Issuance. If the judge is satisfied that the
    offense in connection with which the search warrant is
    sought constitutes terrorism or any related offense as
    defined in Article 29D of the Criminal Code of 2012, that
    the circumstances are such as to make it reasonable to
    dispense with a written affidavit, and that grounds for the
    application exist or that there is probable cause to
    believe that they exist, the judge shall order the issuance
    of a warrant by directing the person requesting the warrant
    to sign the judge's name on the duplicate original warrant.
    The judge shall immediately sign the original warrant and
    enter on the face of the original warrant the exact time
    when the warrant was ordered to be issued. The finding of
    probable cause for a warrant upon oral testimony may be
    based on the same kind of evidence as is sufficient for a
    warrant upon affidavit.
        (4) Recording and certification of testimony. When a
    caller informs the judge that the purpose of the call is to
    request a warrant, the judge shall immediately place under
    oath each person whose testimony forms a basis of the
    application and each person applying for that warrant. If a
    voice recording device is available, the judge shall record
    by means of the device all of the call after the caller
    informs the judge that the purpose of the call is to
    request a warrant, otherwise a stenographic or longhand
    verbatim record shall be made. If a voice recording device
    is used or a stenographic record made, the judge shall have
    the record transcribed, shall certify the accuracy of the
    transcription, and shall file a copy of the original record
    and the transcription with the court. If a longhand
    verbatim record is made, the judge shall file a signed copy
    with the court.
        (5) Contents. The contents of a warrant upon oral
    testimony shall be the same as the contents of a warrant
    upon affidavit.
        (6) Additional rule for execution. The person who
    executes the warrant shall enter the exact time of
    execution on the face of the duplicate original warrant.
        (7) Motion to suppress based on failure to obtain a
    written affidavit. Evidence obtained pursuant to a warrant
    issued under this subsection (b) is not subject to a motion
    to suppress on the ground that the circumstances were not
    such as to make it reasonable to dispense with a written
    affidavit, absent a finding of bad faith. All other grounds
    to move to suppress are preserved.
        (8) This subsection (b) is inoperative on and after
    January 1, 2005.
        (9) No evidence obtained pursuant to this subsection
    (b) shall be inadmissible in a court of law by virtue of
    subdivision (8).
    (c) Warrant upon testimony by simultaneous video and audio
transmission.
        (1) General rule. When a search warrant is sought and
    the request is made by electronic means that has a
    simultaneous video and audio transmission between the
    requestor and a judge, the judge may issue a search warrant
    based upon sworn testimony communicated in the
    transmission.
        (2) Application. The requestor shall prepare a
    document to be known as a duplicate original warrant, and
            (A) if circumstances allow, the requestor shall
        transmit a copy of the warrant together with a
        complaint for search warrant to the judge by facsimile,
        email, or other reliable electronic means; or
            (B) if circumstances make transmission under
        subparagraph (A) of this paragraph (2) impracticable,
        the requestor shall read the duplicate original
        warrant, verbatim, to the judge after being placed
        under oath as provided in paragraph (4) of this
        subsection (c). The judge shall enter, verbatim, what
        is so read to the judge on a document in the judge's
        possession.
    Under both subparagraphs (A) and (B), the document in
    possession of the judge shall be known as the original
    warrant. The judge may direct that the warrant be modified.
        (3) Issuance. If the judge is satisfied that grounds
    for the application exist or that there is probable cause
    to believe that grounds exist, the judge shall order the
    issuance of a warrant by directing the requestor to sign
    the judge's name on the duplicate original warrant, place
    the requestor's initials below the judge's name, and enter
    on the face of the duplicate original warrant the exact
    date and time when the warrant was ordered to be issued.
    The judge shall immediately sign the original warrant and
    enter on the face of the original warrant the exact date
    and time when the warrant was ordered to be issued. The
    finding of probable cause for a warrant under this
    subsection (c) may be based on the same kind of evidence as
    is sufficient for a warrant under subsection (a).
        (4) Recording and certification of testimony. When a
    requestor initiates a request for search warrant under this
    subsection (c), and after the requestor informs the judge
    that the purpose of the communication is to request a
    warrant, the judge shall place under oath each person whose
    testimony forms a basis of the application and each person
    applying for that warrant. A record of the facts upon which
    the judge based his or her decision to issue a warrant must
    be made and filed with the court, together with the
    original warrant.
            (A) When the requestor has provided the judge with
        a written complaint for search warrant under
        subparagraph (A) of paragraph (2) of this subsection
        (c) and the judge has sworn the complainant to the
        facts contained in the complaint for search warrant but
        has taken no other oral testimony from any person that
        is essential to establishing probable cause, the judge
        must acknowledge the attestation in writing on the
        complaint and file this acknowledged complaint with
        the court.
            (B) When the requestor has not provided the judge
        with a written complaint for search warrant, or when
        the judge has taken oral testimony essential to
        establishing probable cause not contained in the
        written complaint for search warrant, the essential
        facts in the oral testimony that form the basis of the
        judge's decision to issue the warrant shall be included
        in the record together with the written complaint, if
        any. If a recording device is used or a stenographic
        record is made, the judge shall have the record
        transcribed, shall certify the accuracy of the
        transcription, and shall file a copy of the original
        record and the transcription with the court. If a
        longhand record is made, the judge shall file a signed
        copy with the court.
    The material to be filed need not be filed until the
    warrant has been executed or has been returned "not
    executed".
        (5) Contents. The contents of a warrant under this
    subsection (c) shall be the same as the contents of a
    warrant upon affidavit. A warrant under this subsection is
    a warrant of the judge issuing the same and not the warrant
    of the court in which he or she is then sitting and these
    warrants need not bear the seal of the court or the clerk
    of the court.
        (6) Additional rule for execution. The person who
    executes the warrant shall enter the exact time of
    execution on the face of the duplicate original warrant.
        (7) Motion to suppress based on failure to obtain a
    written affidavit. Evidence obtained under a warrant
    issued under this subsection (c) is not subject to a motion
    to suppress on the ground that the circumstances were not
    such as to make it reasonable to dispense with a written
    affidavit, absent a finding of bad faith. All other grounds
    to move to suppress are preserved.
    (d) The Chief Judge of the circuit court or presiding judge
in the issuing jurisdiction shall, by local rule, create a
standard practice for the filing or other retention of
documents or recordings produced under this Section.
(Source: P.A. 97-1150, eff. 1-25-13.)

Effective Date: 1/1/2015