Bill Status of HB 4594   98th General Assembly

Short Description:  CRIM PRO SEARCH WARRANTS

House Sponsors
Rep. Michael J. Zalewski

Senate Sponsors
(Sen. Dale A. Righter)


Last Action  View All Actions

DateChamber Action
  8/15/2014HousePublic Act . . . . . . . . . 98-0905

Statutes Amended In Order of Appearance
725 ILCS 5/108-4from Ch. 38, par. 108-4

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. In provision on obtaining a search warrant by oral testimony, deletes use of telephone, fax, or other appropriate means to communicate sworn testimony supporting a search warrant request on a terrorism or terrorism-related offense to a judge when the circumstances make it reasonable to dispense with a sworn affidavit. Replaces the deleted provision with a general provision applicable to any offense allowing a search warrant request to be 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. Deletes provision that made search warrant upon oral testimony subsection inoperative on January 1, 2005 and the savings clause for admissibility of evidence obtained by a search warrant issued under the subsection prior to it becoming inoperative. Adds provision requiring the Chief Judge of the circuit court or presiding judge issuing a search warrant to create a standard practice for the filing or other retention of documents or recordings produced under the search warrant.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. 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. Establishes procedures concerning the application, issuance, contents, and execution of these warrants. Requires the Chief Judge of the circuit court or presiding judge in the issuing jurisdiction to, by local rule, create a standard practice for the filing or other retention of documents or recordings produced in the process of issuing search warrants.

Actions 
DateChamber Action
  2/4/2014HouseFiled with the Clerk by Rep. Michael J. Zalewski
  2/4/2014HouseFirst Reading
  2/4/2014HouseReferred to Rules Committee
  3/20/2014HouseAssigned to Judiciary
  3/21/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski
  3/21/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/21/2014HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  3/26/2014HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  3/26/2014HouseDo Pass as Amended / Short Debate Judiciary; 016-000-000
  3/27/2014HousePlaced on Calendar 2nd Reading - Short Debate
  4/3/2014HouseSecond Reading - Short Debate
  4/3/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/4/2014HouseThird Reading - Short Debate - Passed 107-001-000
  4/7/2014SenateArrive in Senate
  4/7/2014SenatePlaced on Calendar Order of First Reading April 8, 2014
  4/16/2014SenateChief Senate Sponsor Sen. Dale A. Righter
  4/22/2014SenateFirst Reading
  4/22/2014SenateReferred to Assignments
  4/23/2014SenateAssigned to Judiciary
  4/29/2014SenateDo Pass Judiciary; 010-000-000
  4/29/2014SenatePlaced on Calendar Order of 2nd Reading April 30, 2014
  4/30/2014SenateSecond Reading
  4/30/2014SenatePlaced on Calendar Order of 3rd Reading May 1, 2014
  5/23/2014SenateThird Reading - Passed; 054-000-001
  5/23/2014HousePassed Both Houses
  6/20/2014HouseSent to the Governor
  8/15/2014HouseGovernor Approved
  8/15/2014HouseEffective Date January 1, 2015
  8/15/2014HousePublic Act . . . . . . . . . 98-0905

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