SB2188 EngrossedLRB098 09130 MRW 39268 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 108-4 as follows:
 



6    (725 ILCS 5/108-4)  (from Ch. 38, par. 108-4)



7    Sec. 108-4. Issuance of search warrant. 

8    (a) All warrants upon written complaint shall state the 
9time
and date of issuance and be the warrants of the judge 
10issuing the same and
not the warrants of the court in which he 
11or she is then sitting and these such warrants
need not bear 
12the seal of the court or clerk thereof. The complaint on
which 
13the warrant is issued need not be filed with the clerk of the 
14court
nor with the court if there is no clerk until the warrant 
15has been executed
or has been returned "not executed".

16    The search warrant upon written complaint may be issued 
17electronically or
electromagnetically
by use of a facsimile 
18transmission machine and this any such warrant shall have
the 
19same validity as a written search warrant.

20    (b) Warrant upon oral testimony.


21        (1) General rule. When a search warrant is sought and 
22    the request is made by electronic means that has a 
23    simultaneous video and audio transmission between the 
 
 
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1    requestor and a judge, the judge may issue a  search warrant 
2    based upon sworn testimony communicated in the 
3    transmission. When the offense in connection with
which a 
4    search warrant is sought constitutes terrorism or any 
5    related offense
as defined in Article 29D of the Criminal 
6    Code of 2012, and if the
circumstances make it reasonable 
7    to dispense, in whole or in part, with a
written affidavit, 
8    a judge may issue a warrant based upon sworn testimony

9    communicated by telephone or other appropriate means, 
10    including facsimile
transmission.


11        (2) Application. The person who is requesting the 
12    warrant shall prepare a
document to be known as a duplicate 
13    original warrant and shall read the such
duplicate original 
14    warrant, verbatim, to the judge. The judge shall enter,

15    verbatim, what is so read to the judge on a document to be 
16    known
as the original warrant. The judge may direct that 
17    the warrant be modified.


18        (3) Issuance. If the judge is satisfied that the

19    offense in connection with which the search warrant is 
20    sought constitutes
terrorism or any related offense as 
21    defined in Article 29D of the Criminal Code
of 2012, that 
22    the circumstances are such as to make it reasonable to 
23    dispense
with a written affidavit, and that grounds for the 
24    application exist or that
there is probable cause to 
25    believe that they exist, the judge shall order the
issuance 
26    of a warrant by directing the person requesting the warrant 
 
 
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1    to sign
the judge's name on the duplicate original warrant. 
2    The judge shall immediately
sign the original warrant and 
3    enter on the face of the original warrant the
exact time 
4    when the warrant was ordered to be issued. The finding of 
5    probable
cause for a warrant upon oral testimony may be 
6    based on the same kind of
evidence as is sufficient for a 
7    warrant upon affidavit.


8        (4) Recording and certification of testimony. When a

9    requestor initiates a request for search warrant under this 
10    Section caller informs the judge that the purpose of the 
11    call is to request a warrant,
the judge shall immediately 
12    place under oath each person whose testimony forms
a basis 
13    of the application and each person applying for that 
14    warrant. If a
voice recording device is available, the 
15    judge shall record by means of the
device all of the 
16    communication call after the caller informs the judge that 
17    the purpose of
the call is to request a warrant, otherwise 
18    a stenographic or longhand verbatim
record shall be made. 
19    If a voice recording device is used or a stenographic

20    record made, the judge shall have the record transcribed, 
21    shall certify the
accuracy of the transcription, and shall 
22    file a copy of the original record and
the transcription 
23    with the court. If a longhand verbatim record is made, the

24    judge shall file a signed copy with the court.


25        (5) Contents. The contents of a warrant upon oral

26    testimony shall be the same as the contents of a warrant 
 
 
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1    upon affidavit.


2        (6) Additional rule for execution. The person who

3    executes the warrant shall enter the exact time of 
4    execution on the face of the
duplicate original warrant.


5        (7) Motion to suppress based on failure to obtain a 
6    written affidavit.
Evidence obtained pursuant to a warrant 
7    issued under this subsection (b) is not
subject to a motion 
8    to suppress on the ground that the circumstances were not

9    such as to make it reasonable to dispense with a written 
10    affidavit, absent a
finding of bad faith. All other grounds 
11    to move to suppress are preserved.


12        (8) (Blank). This subsection (b) is inoperative on and 
13    after January 1, 2005.


14        (9) (Blank). No evidence obtained pursuant to this 
15    subsection (b) shall be
inadmissible in a court of law  by 
16    virtue of subdivision (8).
17    (c) The Chief Judge of the circuit court or presiding judge 
18in the issuing jurisdiction shall, by local rule, create a 
19standard practice for the filing or other retention of 
20documents or recordings produced under this Section.

21(Source: P.A. 97-1150, eff. 1-25-13.)