State of Illinois
92nd General Assembly
Legislation

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92_SB0399

 
                                               LRB9204897ARsb

 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 108B-8 as follows:

 6        (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
 7        Sec. 108B-8.  Emergency use of eavesdropping device.
 8        (a)  An   electronic   criminal   surveillance   officer,
 9    specially designated by the State's Attorney, may intercept a
10    private  oral communication, without an order, when he or she
11    reasonably Whenever, upon informal application by the State's
12    Attorney, a chief judge of competent jurisdiction  determines
13    that:
14             (1)  there  are  may  be grounds upon which an order
15        could be  issued  under  this  Article  to  authorize  an
16        interception;
17             (2)  there  is  probable  cause  to  believe that an
18        emergency  situation   exists   with   respect   to   the
19        investigation of an offense enumerated in Section 108B-3;
20        and
21             (3)  there  is  probable  cause  to  believe that an
22        emergency situation exists that involves immediate danger
23        of death or serious  physical  injury  to  any  person  a
24        substantial  danger  to life or limb exists justifying an
25        the authorization for immediate interception of a private
26        oral communication before formal application for an order
27        could with due diligence be submitted to  him  and  acted
28        upon by; the chief judge of competent jurisdiction.
29        The  electronic  criminal surveillance officer shall file
30    may grant oral  approval  for  an  interception,  without  an
31    order,  conditioned upon the filing with the chief judge him,
 
                            -2-                LRB9204897ARsb
 1    within  48  hours  after  the  interception  begins,  of   an
 2    application  for  an  order under Sections 108B-3 and Section
 3    108B-4.  The application shall which shall  also  recite  the
 4    interception  oral  approval  under  this Section.  The order
 5    shall and be retroactive to  the  time  of  the  interception
 6    began to occur oral approval.
 7        (b)  Interception  under oral approval under this Section
 8    shall immediately terminate when the communication sought  is
 9    obtained  or  when  the  application  for an order is denied,
10    whichever is earlier.
11        (c)  In the event no formal application for an  order  is
12    subsequently  made  under  this  Section,  the content of any
13    private oral communication intercepted  under  oral  approval
14    under  this  Section shall be treated as having been obtained
15    in violation of this Article.
16        (d)  In the event no application for  an  order  is  made
17    under  this Section or an application made under this Section
18    is subsequently denied, the judge shall cause an inventory to
19    be served under Section 108B-11 of  this  Article  and  shall
20    require  the  tape  or  other  recording  of  the intercepted
21    communication to be delivered to, and sealed by,  the  judge.
22    The evidence shall be retained by the court, and it shall not
23    be  used or disclosed in any legal proceeding, except a civil
24    action brought by an aggrieved person under Section  14-6  of
25    the  Criminal Code of 1961, or as otherwise authorized by the
26    order of a court of competent jurisdiction.  In  addition  to
27    other  remedies  or  penalties  provided  by  law, failure to
28    deliver any tape or other recording to the chief judge  shall
29    be   punishable  as  contempt  by  the  judge  directing  the
30    delivery.
31        (e)  If at least  one  electronic  criminal  surveillance
32    officer  is  present at the scene of the emergency situation,
33    any other police officer involved  in  the  response  to  the
34    emergency  is  authorized  to overhear any oral communication
 
                            -3-                LRB9204897ARsb
 1    intercepted under this Section.
 2    (Source: P.A. 85-1203.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.

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