HB4257 103RD GENERAL ASSEMBLY

LRB103 34996 RLC 64902 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4257

Introduced 1/16/2024, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

725 ILCS 5/108-4.5 new

Amends the Code of Criminal Procedure of 1963. Establishes procedures for serving a search warrant upon foreign corporations that are electronic communication services and remote computing services allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, if those records would reveal: (1) the identity of the customers using those services; (2) data stored by, or on behalf of, the customer; (3) the customer's usage of those services; (4) the recipient or destination of communications sent to or from those customers; or (5) the content of those communications. Provides that, when properly served with a search warrant issued by an Illinois court, a foreign corporation subject to this provision shall provide to the applicant all records sought pursuant to that warrant within 8 business days of receipt, including those records maintained or located outside the State. Provides that a foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records. Provides that the issuing court shall hear and decide that motion no later than 8 days after the motion is filed. Provides that no cause of action shall lie against any foreign or Illinois corporation subject to this Section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued pursuant to this provision. Provides that this provision does not apply to corporations that do not provide electronic communication services or remote computing services to the general public.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 108-4.5 as follows:

(725 ILCS 5/108-4.5 new)

Sec. 108-4.5. Foreign electronic communication services and remote computing services.

(a) In this Section:

"Adverse result" occurs when notification of the existence of a search warrant results in:

(1) danger to the life or physical safety of an individual;

(2) a flight from prosecution;

(3) the destruction of or tampering with evidence;

(4) the intimidation of potential witnesses; or

(5) serious jeopardy to an investigation or undue delay of a trial.

"Applicant" means a peace officer as defined in Section 2-13 of the Criminal Code of 2012 to whom a search warrant is issued pursuant to this Section.

"Electronic communication services" and "remote computing services" shall be construed in accordance with 18 U.S.C. 2701 through 2711.

"Foreign corporation" has the meaning ascribed to it in Section 1.80 of the Business Corporation Act of 1983.

"Illinois corporation" means any corporation or other entity that is subject to Section 5.25 of the Business Corporation Act of 1983, excluding foreign corporations.

"Properly served" means that a search warrant has been delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to a person or entity listed in Section 5.25 of the Business Corporation Act of 1983 or covered by this Section.

(b) The following provisions apply to any search warrant issued under this Section allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, if those records would reveal:

(1) the identity of the customers using those services;

(2) data stored by, or on behalf of, the customer;

(3) the customer's usage of those services;

(4) the recipient or destination of communications sent to or from those customers; or

(5) the content of those communications.

(c) When properly served with a search warrant issued by an Illinois court, a foreign corporation subject to this Section shall provide to the applicant, within 8 business days of receipt, all records sought pursuant to that warrant, including those records maintained or located outside this State.

(d) If the applicant makes a showing and the judge finds that failure to produce records within less than 8 business days would cause an adverse result, the warrant may require production of records within less than 8 business days. A court may reasonably extend the time required for production of the records upon finding that the foreign corporation has shown good cause for that extension and that an extension of time would not cause an adverse result.

(e) A foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records under this Section. The issuing court shall hear and decide that motion no later than 8 court days after the motion is filed.

(f) The foreign corporation shall verify the authenticity of records that it produces by providing a written affidavit or statement to that effect.

(g) An Illinois corporation that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that would reveal:

(1) the identity of the customers using those services;

(2) data stored by, or on behalf of, the customer;

(3) the customer's usage of those services;

(4) the recipient or destination of communications sent to or from those customers; or

(5) the content of those communications, shall produce those records as if that warrant had been issued by an Illinois court.

(h) No cause of action shall lie against any foreign or Illinois corporation subject to this Section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued pursuant to this Section.

(i) This Section does not apply to corporations that do not provide electronic communication services or remote computing services to the general public.