SB0171 Engrossed LRB096 06321 RLC 16404 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended 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
9 time and date of issuance and be the warrants of the judge
10 issuing the same and not the warrants of the court in which he
11 is then sitting and such warrants need not bear the seal of the
12 court or clerk thereof. The complaint on which the warrant is
13 issued need not be filed with the clerk of the court nor with
14 the court if there is no clerk until the warrant has been
15 executed or has been returned "not executed".
16     The search warrant upon written complaint may be issued
17 electronically or electromagnetically by use of a facsimile
18 transmission machine and any such warrant shall have the same
19 validity as a written search warrant.
20     (b) (Blank). 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 1961, 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 1961, 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     (c) (1) Before issuing a warrant, the judge may examine on
12 oath the person or persons seeking the warrant, and any
13 witnesses produced, and must take his or her affidavit, or
14 their affidavits, in writing and cause the affidavit to be
15 subscribed by the party or parties making the affidavit. Before
16 issuing the warrant, the judge may also examine any other sworn
17 affidavit submitted to him or her which sets forth facts
18 tending to establish probable cause for the issuance of the
19 warrant.
20     (2) The affidavit or affidavits must set forth the facts
21 tending to establish the grounds of the application, or
22 probable cause for believing the grounds exist.
23     (3) In lieu of, or in addition to, a written affidavit, or
24 affidavits, as provided in paragraph (1) of this subsection
25 (c), the judge may take an oral statement under oath which
26 shall be recorded on tape or other comparable method. This

 

 

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1 statement may be given in person to the judge or by telephone,
2 radio, or other means of electronic communication. This
3 statement is deemed to be an affidavit for the purposes of
4 issuance of a search warrant. If a recording of the sworn
5 statement is made, the statement shall be transcribed at the
6 request of the judge or either party and certified by the judge
7 and filed with the court.
8 (Source: P.A. 95-331, eff. 8-21-07.)
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.