94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1110


 
Introduced 02/08/05, by Rep. John J. Millner
 
SYNOPSIS AS INTRODUCED:
 		














725 ILCS 5/108-3
  from Ch. 38, par. 108-3







    Amends the Code of Criminal Procedure of 1963.  Provides that a judge may approve the issuance of a search warrant based on an oral statement that is audio recorded.  Provides that when the judge approves such a warrant, the judge shall  orally authorize the law enforcement officer requesting the warrant to sign the judge's name and document the exact time and date when the warrant was ordered to be issued on the original warrant.
















LRB094 05987 RLC 36044 b

















 


 


A BILL FOR









 











HB1110

LRB094 05987 RLC 36044 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by changing Section 108-3 as follows:
 



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    (725 ILCS 5/108-3)  (from Ch. 38, par. 108-3)



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    Sec. 108-3. Grounds for search warrant. 

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    (a) Except as provided in subsection (b), upon the written 
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complaint or oral statement that shall be audio recorded of
any 
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person under oath or affirmation
which states facts sufficient 
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to show probable cause and which
particularly describes the 
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place or person, or both, to be searched and
the things to be 
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seized, any judge may issue a search warrant for the
seizure of 
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the following:


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        (1) Any instruments, articles or things designed or 
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    intended for use
or which are or have been used in the

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    commission of, or which may constitute evidence of, the 
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    offense in
connection with which the warrant is issued; or 
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    contraband, the fruits of
crime, or things otherwise 
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    criminally possessed.


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        (2) Any person who has been kidnaped in violation of 
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    the laws of
this State, or who has been kidnaped in another 
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    jurisdiction and is now
concealed within this State, or any 
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    human fetus or human corpse.

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    When a judge approves the issuance of a search warrant 
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based on oral statement that is audio recorded, the judge shall 
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orally authorize the law enforcement officer requesting the 
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warrant to sign the judge's name and document the exact time 
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and date when the warrant was ordered to be issued on the 
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original warrant.

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    The law enforcement officer shall record all of the call 
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after the caller informs the judge that the purpose of the call 
 


 






HB1110
- 2 -
LRB094 05987 RLC 36044 b




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is to orally request a warrant and the judge consents to being 
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recorded.

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    When a caller informs the judge the purpose of the call is 
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to obtain a search warrant, the judge shall immediately place 
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under oath each person whose testimony forms a basis of the 
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application and each person applying for the warrant.

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    The audio recording shall be delivered at the same time as 
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the return to court of the things seized under Section 108-10 
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of this Code.  The judge shall have the recording transcribed 
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and shall certify the accuracy of the transcription or at his 
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or her discretion may authorize a duplicate of the audio 
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recording be made so a transcript may be prepared of the 
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conversation which the judge shall as soon as practical review 
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and if appropriate certify the accuracy of the transcription.  
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The audio recording, the transcription of the audio recording, 
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and the certification of accuracy of the  transcription 
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thereafter shall be filed with the court.  The loss of the audio 
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recording shall not itself invalidate the warrant.

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    (b) When the things to be seized are the work product of, 
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or used in the
ordinary course of business, and in the 
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possession, custody, or control
of any person known to be 
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engaged in the gathering or dissemination of news
for the print 
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or broadcast media, no judge may issue a search warrant unless

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the requirements set forth in subsection (a) are satisfied and 
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there is
probable cause to believe that:


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        (1) such person has committed or is committing a 
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    criminal offense; or


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        (2) the things to be seized will be destroyed or 
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    removed from the State
if the search warrant is not issued.

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(Source: P.A. 89-377, eff. 8-18-95.)