98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2852
 
Introduced 2/4/2014, by Sen. Michael Connelly
 
SYNOPSIS AS INTRODUCED:
 

 
  
725 ILCS 5/108-4  from Ch. 38, par. 108-4

     Amends the Code of Criminal Procedure of 1963. Allows a search warrant upon written complaint to be issued by use of electronic mail in addition to by facsimile transmission machine. Effective immediately.
  


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A BILL FOR
 

  
SB2852LRB098 18181 MRW 53310 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 changing Section 108-4 as follows:
 



6    (725 ILCS 5/108-4)  (from Ch. 38, par. 108-4)



7    Sec. 108-4. Issuance of search warrant. 

8    (a) All warrants upon written complaint shall state the 
9time
and date of issuance and be the warrants of the judge 
10issuing the same and
not the warrants of the court in which he 
11is then sitting and such warrants
need not bear the seal of the 
12court or clerk thereof. The complaint on
which the warrant is 
13issued need not be filed with the clerk of the court
nor with 
14the court if there is no clerk until the warrant has been 
15executed
or has been returned "not executed".

16    The search warrant upon written complaint may be issued 
17electronically or
electromagnetically
by use of electronic 
18mail or a facsimile transmission machine and any such warrant 
19shall have
the same validity as a written search warrant.

20    (b) Warrant upon oral testimony.


21        (1) General rule. When the offense in connection with

22    which a search warrant is sought constitutes terrorism or 
23    any related offense
as defined in Article 29D of the 
 
 
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1    Criminal Code of 2012, and if the
circumstances make it 
2    reasonable to dispense, in whole or in part, with a
written 
3    affidavit, a judge may issue a warrant based upon sworn 
4    testimony
communicated by telephone or other appropriate 
5    means, including facsimile
transmission.


6        (2) Application. The person who is requesting the 
7    warrant shall prepare a
document to be known as a duplicate 
8    original warrant and shall read such
duplicate original 
9    warrant, verbatim, to the judge. The judge shall enter,

10    verbatim, what is so read to the judge on a document to be 
11    known
as the original warrant. The judge may direct that 
12    the warrant be modified.


13        (3) Issuance. If the judge is satisfied that the

14    offense in connection with which the search warrant is 
15    sought constitutes
terrorism or any related offense as 
16    defined in Article 29D of the Criminal Code
of 2012, that 
17    the circumstances are such as to make it reasonable to 
18    dispense
with a written affidavit, and that grounds for the 
19    application exist or that
there is probable cause to 
20    believe that they exist, the judge shall order the
issuance 
21    of a warrant by directing the person requesting the warrant 
22    to sign
the judge's name on the duplicate original warrant. 
23    The judge shall immediately
sign the original warrant and 
24    enter on the face of the original warrant the
exact time 
25    when the warrant was ordered to be issued. The finding of 
26    probable
cause for a warrant upon oral testimony may be 
 
 
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1    based on the same kind of
evidence as is sufficient for a 
2    warrant upon affidavit.


3        (4) Recording and certification of testimony. When a

4    caller informs the judge that the purpose of the call is to 
5    request a warrant,
the judge shall immediately place under 
6    oath each person whose testimony forms
a basis of the 
7    application and each person applying for that warrant. If a

8    voice recording device is available, the judge shall record 
9    by means of the
device all of the call after the caller 
10    informs the judge that the purpose of
the call is to 
11    request a warrant, otherwise a stenographic or longhand 
12    verbatim
record shall be made. If a voice recording device 
13    is used or a stenographic
record made, the judge shall have 
14    the record transcribed, shall certify the
accuracy of the 
15    transcription, and shall file a copy of the original record 
16    and
the transcription with the court. If a longhand 
17    verbatim record is made, the
judge shall file a signed copy 
18    with the court.


19        (5) Contents. The contents of a warrant upon oral

20    testimony shall be the same as the contents of a warrant 
21    upon affidavit.


22        (6) Additional rule for execution. The person who

23    executes the warrant shall enter the exact time of 
24    execution on the face of the
duplicate original warrant.


25        (7) Motion to suppress based on failure to obtain a 
26    written affidavit.
Evidence obtained pursuant to a warrant 
 
 
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1    issued under this subsection (b) is not
subject to a motion 
2    to suppress on the ground that the circumstances were not

3    such as to make it reasonable to dispense with a written 
4    affidavit, absent a
finding of bad faith. All other grounds 
5    to move to suppress are preserved.


6        (8) This subsection (b) is inoperative on and after 
7    January 1, 2005.


8        (9) No evidence obtained pursuant to this subsection 
9    (b) shall be
inadmissible in a court of law  by virtue of 
10    subdivision (8).

11(Source: P.A. 97-1150, eff. 1-25-13.)

 
 
12    Section 99. Effective date. This Act takes effect upon 
13becoming law.