Bill Status of HB 4793   103rd General Assembly


Short Description:  CRIM PRO-FOREIGN COMM SERV

House Sponsors
Rep. Anna Moeller

Last Action  View All Actions

DateChamber Action
  4/5/2024HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
720 ILCS 5/1-5.1 new
725 ILCS 5/108-4.5 new

Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that in connection with the investigation of an offense under the Code, or a pending matter charging an offense under the Code, a court shall have jurisdiction over a foreign public or private corporation, partnership, unincorporated association, or other non-governmental entity that transacts business within the State to issue a subpoena, search warrant, or court order for the production of communications, records, or other information and to enforce compliance. Amends the Code of Criminal Procedure of 1963. Establishes procedures for serving a search warrant upon foreign corporations that are electronic communication services and remote computing services allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, if those records would reveal: (1) the identity of the customers using those services; (2) data stored by, or on behalf of, the customer; (3) the customer's usage of those services; (4) the recipient or destination of communications sent to or from those customers; or (5) the content of those communications. Provides that, when properly served with a search warrant issued by an Illinois court, a foreign corporation subject to provision shall provide to the applicant all records sought pursuant to that warrant within 8 business days of receipt, including those records maintained or located outside the State. Provides that a foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records. Provides that the issuing court shall hear and decide that motion no later than 8 days after the motion is filed. Provides that no cause of action shall lie against any foreign or Illinois corporation subject to this Section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued pursuant to the provision. Provides that the provision does not apply to corporations that do not provide electronic communication services or remote computing services to the general public.

Actions 
DateChamber Action
  2/5/2024HouseFiled with the Clerk by Rep. Anna Moeller
  2/6/2024HouseFirst Reading
  2/6/2024HouseReferred to Rules Committee
  3/5/2024HouseAssigned to Judiciary - Criminal Committee
  4/5/2024HouseRule 19(a) / Re-referred to Rules Committee

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