State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0413

HB0888 Enrolled                                LRB9202947RCcs

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

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power is rescinded by the Chief Judge.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

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

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 25, 2001.
    Approved August 17, 2001.