State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


HB0888 Enrolled                                LRB9202947RCcs

 1        AN ACT in relation to 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 Sections 108A-1 and 108A-5 as follows:

 6        (725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1)
 7        Sec. 108A-1.   Authorization  for  use  of  eavesdropping
 8    device.    The  State's  Attorney  or  an  Assistant  State's
 9    Attorney authorized by the State's Attorney may authorize  an
10    application to a circuit judge or an associate judge assigned
11    by  the  Chief  Judge  of the circuit for, and such judge may
12    grant in conformity with this Article, an  order  authorizing
13    or  approving  the  use  of  an eavesdropping device by a law
14    enforcement officer or agency having the  responsibility  for
15    the  investigation of any felony under Illinois law where any
16    one party to a conversation to be  monitored,  or  previously
17    monitored in the case of an emergency situation as defined in
18    this Article, has consented to such monitoring.
19        The  Chief  Judge  of the circuit may assign to associate
20    judges the power to issue orders authorizing or approving the
21    use of eavesdropping devices by law enforcement  officers  or
22    agencies in accordance with this Article. After assignment by
23    the  Chief  Judge,  an  associate  judge  shall  have plenary
24    authority   to   issue   such   orders   without   additional
25    authorization for each specific application made  to  him  by
26    the State's Attorney until such time as the associate judge's
27    power is rescinded by the Chief Judge.
28    (Source: P.A. 86-391.)

29        (725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5)
30        Sec.  108A-5.  Orders Authorizing Use of an Eavesdropping
HB0888 Enrolled            -2-                 LRB9202947RCcs
 1    Device.
 2        (a)  Each order authorizing or approving the  use  of  an
 3    eavesdropping device shall specify:
 4        (1)  the  identity of the person who has consented to the
 5    use of the device to monitor any of his conversations  and  a
 6    requirement  that any conversation overheard or received must
 7    include this person;
 8        (2)  the identity of the  other  person  or  persons,  if
 9    known, who will participate in the conversation;
10        (3)  the period of time in which the use of the device is
11    authorized,  including  a  statement as to whether or not the
12    use  shall  automatically  terminate   when   the   described
13    conversations have been first obtained.
14        (b)  No order entered under this section may authorize or
15    approve  the  use  of any eavesdropping device for any period
16    longer  than  30  10  days.   An  initial  or  a   subsequent
17    extension,  in  no  case for more than 30 10 days each, of an
18    order may be  granted  but  only  upon  application  made  in
19    accordance  with Section 108A-3 and where the court makes the
20    findings required in Section 108A-4.
21    (Source: P.A. 79-1159.)

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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