SB3701sam001 97TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 3/22/2012

09700SB3701sam001 LRB097 18498 RLC 67744 a

AMENDMENT TO SENATE BILL 3701

AMENDMENT NO. ______. Amend Senate Bill 3701 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by changing Sections 108-3, 108-6, 108-7, and 108-10 as follows:

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

Sec. 108-3. Grounds for search warrant.

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

(1) Any instruments, articles or things designed or intended for use or which are or have been used in the commission of, or which may constitute evidence of, the offense in connection with which the warrant is issued; or contraband, the fruits of crime, or things otherwise criminally possessed.

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

(b) When the things to be seized are the work product of, or used in the ordinary course of business, and in the possession, custody, or control of any person known to be engaged in the gathering or dissemination of news for the print or broadcast media, no judge may issue a search warrant unless the requirements set forth in subsection (a) are satisfied and there is probable cause to believe that:

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

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

(c) Upon the written complaint of a person under oath or affirmation which states facts sufficient to show probable cause to install and use a tracking device, a judge may issue a search warrant to install or otherwise activate and use a tracking device. As used in this Section, "tracking device" means an electronic or mechanical device which permits the tracking of the movement of a person or object. A tracking device search warrant must identify the person or property to be tracked, if known, designate the judge to whom it must be returned, and specify a reasonable length of time that the device may be used. The time must not exceed 45 days from the date the tracking device search warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed 45 days each. The warrant may authorize or direct a third-party to perform the physical installation of the tracking device or otherwise enable the means by which the movement of the person or property named in the tracking device search warrant may be tracked. The tracking device search warrant must command the officer to:

(1) complete or cause to be completed the installation authorized by the warrant within a specified time no longer than 10 days from the date of issuance of the tracking device search warrant;

(2) perform or cause to be performed the installation authorized by the court at any time of any day or night; and

(3) return the warrant to the judge designated in the warrant.

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

(725 ILCS 5/108-6) (from Ch. 38, par. 108-6)

Sec. 108-6. Execution of search warrants.

(a) A search The warrant issued under subsection (a) or (b) of Section 108-3 of this Act shall be executed within 96 hours from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any instruments, articles or things are seized or if no person is available the copy shall be left at the place from which the instruments, articles or things were seized. Any warrant not executed within such time shall be void and shall be returned to the court of the judge issuing the same as "not executed".

(b) A tracking device search warrant issued under subsection (c) of Section 108-3 of this Act shall specify a reasonable length of time that the device may be used. The time must not exceed 45 days from the date the tracking device search warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed 45 days each. The tracking device search warrant shall command the officer to complete, or cause to be completed, the installation authorized by the warrant within a specified time no longer than 10 days from the time of issuance of the tracking device search warrant. The tracking device search warrant authorizes the use of the tracking device within the State of Illinois, and outside the State of Illinois if the tracking device was installed within the State of Illinois or if the interception of the tracking device information is occurring within the State of Illinois. The officer executing a tracking device warrant must enter on it the exact date and time the device was installed or otherwise activated, the identity of the individual or individuals responsible for the device's installation or activation, and the period during which it was used. Within 10 days after the use of the tracking device has ended, the officer executing the warrant must return it to the judge issuing the tracking device search warrant, or before a judge named in the tracking device search warrant or before a court of competent jurisdiction. Within 10 days after the use of the tracking device has ended, the officer executing a tracking device search warrant must serve a copy of the tracking device search warrant on the person who was tracked or whose property was tracked. Service may be accomplished by delivering a copy to the person who, or whose property, was tracked, if known, or by leaving a copy at the person's residence or usual place of abode with an individual of suitable age and discretion who resides at that location and by mailing a copy to the person's last known address. Upon the request of the State, the judge may delay notice. A warrant not executed within that time shall be void and shall be returned to the court of the judge issuing the same as "not executed."

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-7) (from Ch. 38, par. 108-7)

Sec. 108-7. Command of search warrant.

(a) A search The warrant issued under subsection (a) or (b) of Section 108-3 of this Act shall command the person directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles or things particularly described in the warrant.

(b) A tracking device search warrant issued under subsection (c) of Section 108-3 of this Act shall command the person directed to execute the warrant to:

(1) complete or cause to be completed the installation authorized by the warrant within a specified time no longer than 10 days from the date of issuance of the tracking device search warrant;

(2) perform or cause to be performed the installation authorized by the court at any time of any day or night; and

(3) return the warrant to the judge designated in the warrant.

(c) The tracking device search warrant may authorize the removal of the tracking device after the use of the tracking device has ended from any public place where the tracking device may be located.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-10) (from Ch. 38, par. 108-10)

Sec. 108-10. Return to court of things seized or data collected.

(a) Except as provided in subsection (b), a A return of all instruments, articles or things seized shall be made without unnecessary delay before the judge issuing the warrant or before any judge named in the search warrant or before any court of competent jurisdiction. An inventory of any instruments, articles or things seized shall be filed with the return and signed under oath by the officer or person executing the warrant. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the instruments, articles or things were taken and to the applicant for the warrant.

(b) Within 10 days after the use of the tracking device has ended, the officer executing the tracking device search warrant must return it to the judge issuing the tracking device search warrant, or before a judge named in the tracking device search warrant or before a court of competent jurisdiction. The return may take the form of a printout, or electronic copy, of the electronic tracking device data.

(Source: Laws 1963, p. 2836.)".