103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4257

 

Introduced 1/16/2024, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/108-4.5 new

    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 this 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 this provision. Provides that this provision does not apply to corporations that do not provide electronic communication services or remote computing services to the general public.


LRB103 34996 RLC 64902 b

 

 

A BILL FOR

 

HB4257LRB103 34996 RLC 64902 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 108-4.5 as follows:
 
6    (725 ILCS 5/108-4.5 new)
7    Sec. 108-4.5. Foreign electronic communication services
8and remote computing services.
9    (a) In this Section:
10    "Adverse result" occurs when notification of the existence
11of a search warrant results in:
12        (1) danger to the life or physical safety of an
13    individual;
14        (2) a flight from prosecution;
15        (3) the destruction of or tampering with evidence;
16        (4) the intimidation of potential witnesses; or
17        (5) serious jeopardy to an investigation or undue
18    delay of a trial.
19    "Applicant" means a peace officer as defined in Section
202-13 of the Criminal Code of 2012 to whom a search warrant is
21issued pursuant to this Section.
22    "Electronic communication services" and "remote computing
23services" shall be construed in accordance with 18 U.S.C. 2701

 

 

HB4257- 2 -LRB103 34996 RLC 64902 b

1through 2711.
2    "Foreign corporation" has the meaning ascribed to it in
3Section 1.80 of the Business Corporation Act of 1983.
4    "Illinois corporation" means any corporation or other
5entity that is subject to Section 5.25 of the Business
6Corporation Act of 1983, excluding foreign corporations.
7    "Properly served" means that a search warrant has been
8delivered by hand, or in a manner reasonably allowing for
9proof of delivery if delivered by United States mail,
10overnight delivery service, or facsimile to a person or entity
11listed in Section 5.25 of the Business Corporation Act of 1983
12or covered by this Section.
13    (b) The following provisions apply to any search warrant
14issued under this Section allowing a search for records that
15are in the actual or constructive possession of a foreign
16corporation that provides electronic communication services or
17remote computing services to the general public, if those
18records would reveal:
19        (1) the identity of the customers using those
20    services;
21        (2) data stored by, or on behalf of, the customer;
22        (3) the customer's usage of those services;
23        (4) the recipient or destination of communications
24    sent to or from those customers; or
25        (5) the content of those communications.
26    (c) When properly served with a search warrant issued by

 

 

HB4257- 3 -LRB103 34996 RLC 64902 b

1an Illinois court, a foreign corporation subject to this
2Section shall provide to the applicant, within 8 business days
3of receipt, all records sought pursuant to that warrant,
4including those records maintained or located outside this
5State.
6    (d) If the applicant makes a showing and the judge finds
7that failure to produce records within less than 8 business
8days would cause an adverse result, the warrant may require
9production of records within less than 8 business days. A
10court may reasonably extend the time required for production
11of the records upon finding that the foreign corporation has
12shown good cause for that extension and that an extension of
13time would not cause an adverse result.
14    (e) A foreign corporation seeking to quash the warrant
15must seek relief from the court that issued the warrant within
16the time required for production of records under this
17Section. The issuing court shall hear and decide that motion
18no later than 8 court days after the motion is filed.
19    (f) The foreign corporation shall verify the authenticity
20of records that it produces by providing a written affidavit
21or statement to that effect.
22    (g) An Illinois corporation that provides electronic
23communication services or remote computing services to the
24general public, when served with a warrant issued by another
25state to produce records that would reveal:
26        (1) the identity of the customers using those

 

 

HB4257- 4 -LRB103 34996 RLC 64902 b

1    services;
2        (2) data stored by, or on behalf of, the customer;
3        (3) the customer's usage of those services;
4        (4) the recipient or destination of communications
5    sent to or from those customers; or
6        (5) the content of those communications, shall produce
7    those records as if that warrant had been issued by an
8    Illinois court.
9    (h) No cause of action shall lie against any foreign or
10Illinois corporation subject to this Section, its officers,
11employees, agents, or other specified persons for providing
12records, information, facilities, or assistance in accordance
13with the terms of a warrant issued pursuant to this Section.
14    (i) This Section does not apply to corporations that do
15not provide electronic communication services or remote
16computing services to the general public.