Public Act 098-0829
 
SB2852 EnrolledLRB098 18181 MRW 53310 b

    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 changing Section 108-4 as follows:
 
    (725 ILCS 5/108-4)  (from Ch. 38, par. 108-4)
    Sec. 108-4. Issuance of search warrant.
    (a) All warrants upon written complaint shall state the
time and date of issuance and be the warrants of the judge
issuing the same and not the warrants of the court in which he
is then sitting and such warrants need not bear the seal of the
court or clerk thereof. The complaint on which the warrant is
issued need not be filed with the clerk of the court nor with
the court if there is no clerk until the warrant has been
executed or has been returned "not executed".
    The search warrant upon written complaint may be issued
electronically or electromagnetically by use of electronic
mail or a facsimile transmission machine and any such warrant
shall have the same validity as a written search warrant.
    (b) Warrant upon oral testimony.
        (1) General rule. When the offense in connection with
    which a search warrant is sought constitutes terrorism or
    any related offense as defined in Article 29D of the
    Criminal Code of 2012, and if the circumstances make it
    reasonable to dispense, in whole or in part, with a written
    affidavit, a judge may issue a warrant based upon sworn
    testimony communicated by telephone or other appropriate
    means, including facsimile transmission.
        (2) Application. The person who is requesting the
    warrant shall prepare a document to be known as a duplicate
    original warrant and shall read such duplicate original
    warrant, verbatim, to the judge. The judge shall enter,
    verbatim, what is so read to the judge on a document to be
    known as the original warrant. The judge may direct that
    the warrant be modified.
        (3) Issuance. If the judge is satisfied that the
    offense in connection with which the search warrant is
    sought constitutes terrorism or any related offense as
    defined in Article 29D of the Criminal Code of 2012, that
    the circumstances are such as to make it reasonable to
    dispense with a written affidavit, and that grounds for the
    application exist or that there is probable cause to
    believe that they exist, the judge shall order the issuance
    of a warrant by directing the person requesting the warrant
    to sign the judge's name on the duplicate original warrant.
    The judge shall immediately sign the original warrant and
    enter on the face of the original warrant the exact time
    when the warrant was ordered to be issued. The finding of
    probable cause for a warrant upon oral testimony may be
    based on the same kind of evidence as is sufficient for a
    warrant upon affidavit.
        (4) Recording and certification of testimony. When a
    caller informs the judge that the purpose of the call is to
    request a warrant, the judge shall immediately place under
    oath each person whose testimony forms a basis of the
    application and each person applying for that warrant. If a
    voice recording device is available, the judge shall record
    by means of the device all of the call after the caller
    informs the judge that the purpose of the call is to
    request a warrant, otherwise a stenographic or longhand
    verbatim record shall be made. If a voice recording device
    is used or a stenographic record made, the judge shall have
    the record transcribed, shall certify the accuracy of the
    transcription, and shall file a copy of the original record
    and the transcription with the court. If a longhand
    verbatim record is made, the judge shall file a signed copy
    with the court.
        (5) Contents. The contents of a warrant upon oral
    testimony shall be the same as the contents of a warrant
    upon affidavit.
        (6) Additional rule for execution. The person who
    executes the warrant shall enter the exact time of
    execution on the face of the duplicate original warrant.
        (7) Motion to suppress based on failure to obtain a
    written affidavit. Evidence obtained pursuant to a warrant
    issued under this subsection (b) is not subject to a motion
    to suppress on the ground that the circumstances were not
    such as to make it reasonable to dispense with a written
    affidavit, absent a finding of bad faith. All other grounds
    to move to suppress are preserved.
        (8) This subsection (b) is inoperative on and after
    January 1, 2005.
        (9) No evidence obtained pursuant to this subsection
    (b) shall be inadmissible in a court of law by virtue of
    subdivision (8).
(Source: P.A. 97-1150, eff. 1-25-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.