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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

725 ILCS 5/108-14

    (725 ILCS 5/108-14) (from Ch. 38, par. 108-14)
    Sec. 108-14. No warrant quashed for technicality. No warrant shall be quashed nor evidence suppressed because of technical irregularities not affecting the substantial rights of the accused.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/Art. 108A

 
    (725 ILCS 5/Art. 108A heading)
ARTICLE 108A. JUDICIAL SUPERVISION OF
THE USE OF EAVESDROPPING DEVICES

725 ILCS 5/108A-1

    (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. 92-413, eff. 8-17-01.)

725 ILCS 5/108A-2

    (725 ILCS 5/108A-2) (from Ch. 38, par. 108A-2)
    Sec. 108A-2. Authorized Disclosure or Use of Information. (a) Any law enforcement officer who, by any means authorized in this Article, has obtained knowledge of the contents of any conversation overheard or recorded by use of an eavesdropping device or evidence derived therefrom, may disclose such contents to another law enforcement officer or prosecuting attorney to the extent that such disclosure is appropriate to the proper performance of the official duties of the person making or receiving the disclosure.
    (b) Any investigative or law enforcement officer who, by any means authorized in this Article, has obtained knowledge of the contents of any conversation overheard or recorded use of an eavesdropping device or evidence derived therefrom, may use the contents to the extent such use is appropriate to the proper performance of his official duties.
    (c) Admissibility into evidence in any judicial, administrative, or legislative proceeding shall be as elsewhere described in this Article.
(Source: P.A. 79-1159.)

725 ILCS 5/108A-3

    (725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3)
    Sec. 108A-3. Procedure for Obtaining Judicial Approval of Use of Eavesdropping Device. (a) Where any one party to a conversation to occur in the future has consented to the use of an eavesdropping device to overhear or record the conversation, a judge may grant approval to an application to use an eavesdropping device pursuant to the provisions of this section.
    Each application for an order authorizing or subsequently approving the use of an eavesdropping device shall be made in writing upon oath or affirmation to a circuit judge, or an associate judge assigned for such purpose pursuant to Section 108A-1 of this Code, and shall state the applicant's authority to make such application. Each application shall include the following:
    (1) the identity of the investigative or law enforcement officer making the application and the State's Attorney authorizing the application;
    (2) a statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued including: (a) details as to the felony that has been, is being, or is about to be committed; (b) a description of the type of communication sought to be monitored; (c) the identity of the party to the expected conversation consenting to the use of an eavesdropping device; (d) the identity of the person, if known, whose conversations are to be overheard by the eavesdropping device;
    (3) a statement of the period of time for which the use of the device is to be maintained or, if the nature of the investigation is such that the authorization for use of the device should not terminate automatically when the described type of communication is overheard or recorded, a description of facts establishing reasonable cause to believe that additional conversations of the same type will occur thereafter;
    (4) a statement of the existence of all previous applications known to the individual making the application which have been made to any judge requesting permission to use an eavesdropping device involving the same persons in the present application, and the action taken by the judge on the previous applications;
    (5) when the application is for an extension of an order, a statement setting forth the results so far obtained from the use of the eavesdropping device or an explanation of the failure to obtain such results.
    (b) The judge may request the applicant to furnish additional testimony, witnesses, or evidence in support of the application.
(Source: P.A. 86-391.)

725 ILCS 5/108A-4

    (725 ILCS 5/108A-4) (from Ch. 38, par. 108A-4)
    Sec. 108A-4. Grounds for Approval or Authorization. The judge may authorize or approve the use of the eavesdropping device where it is found that:
    (a) one party to the conversation has or will have consented to the use of the device;
    (b) there is reasonable cause for believing that an individual is committing, has committed, or is about to commit a felony under Illinois law;
    (c) there is reasonable cause for believing that particular conversations concerning that felony offense will be obtained through such use; and
    (d) for any extension authorized, that further use of a device is warranted on similar grounds.
(Source: P.A. 79-1159.)

725 ILCS 5/108A-5

    (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 days. An initial or a subsequent extension, in no case for more than 30 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. 92-413, eff. 8-17-01.)

725 ILCS 5/108A-6

    (725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6)
    Sec. 108A-6. Emergency Exception to Procedures. (a) Notwithstanding any other provisions of this Article, any investigative or law enforcement officer, upon approval of a State's Attorney, or without it if a reasonable effort has been made to contact the appropriate State's Attorney, may use an eavesdropping device in an emergency situation as defined in this Section. Such use must be in accordance with the provisions of this Section and may be allowed only where the officer reasonably believes that an order permitting the use of the device would issue were there a prior hearing.
    An emergency situation exists when, without previous notice to the law enforcement officer sufficient to obtain prior judicial approval, the conversation to be overheard or recorded will occur within a short period of time, the use of the device is necessary for the protection of the law enforcement officer or it will occur in a situation involving a clear and present danger of imminent death or great bodily harm to persons resulting from: (1) a kidnapping or the holding of a hostage by force or the threat of the imminent use of force; or (2) the occupation by force or the threat of the imminent use of force of any premises, place, vehicle, vessel or aircraft; or (3) any violation of Article 29D.
    (b) In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate.
    In order to approve such emergency use, the judge must make a determination (1) that he would have granted an order had the information been before the court prior to the use of the device and (2) that there was an emergency situation as defined in this Section.
    (c) In the event that an application for approval under this Section is denied the contents of the conversations overheard or recorded shall be treated as having been obtained in violation of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)

725 ILCS 5/108A-7

    (725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
    Sec. 108A-7. Retention and review of recordings.
    (a) The contents of any conversation overheard by any eavesdropping device shall, if possible, be recorded on tape or a comparable device. The recording of the contents of a conversation under this Article shall be done in such a way as will protect the recording from editing or other alterations.
    (b) Immediately after the expiration of the period of the order or extension or, where the recording was made in an emergency situation as defined in Section 108A-6, at the time of the request for approval subsequent to the emergency, all such recordings shall be made available to the judge issuing the order or hearing the application for approval of an emergency application.
    The judge shall listen to the tapes, determine if the conversations thereon are within his order or were appropriately made in emergency situations, and make a record of such determination to be retained with the tapes.
    The recordings shall be sealed under the instructions of the judge and custody shall be where he orders. Such recordings shall not be destroyed except upon order of the judge hearing the application and in any event shall be kept for 10 years if not destroyed upon his order.
    Duplicate recordings may be made for any use or disclosure authorized by this Article. The presence of the seal provided for in this Section or a satisfactory explanation for the absence thereof shall be a pre-requisite for the use or disclosure of the contents of the recordings or any evidence derived therefrom.
    (c) Applications made and orders granted under this Article shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge requests. Such applications and orders shall be disclosed only upon a showing of good cause before a judge. Such documents shall not be destroyed except on the order of the issuing or denying judge or after the expiration of 10 years time if not destroyed upon his order.
    As used in this subsection, "sealed" has the same meaning as in paragraph (4) of subsection (b) of Section 5 of the Court Record and Document Accessibility Act.
(Source: P.A. 103-166, eff. 1-1-24.)

725 ILCS 5/108A-8

    (725 ILCS 5/108A-8) (from Ch. 38, par. 108A-8)
    Sec. 108A-8. Notice to Parties Overheard.
    (a) Within a reasonable time, but not later than 90 days after either the filing of an application for an order of authorization or approval which is denied or not later than 90 days after the termination of the period of an order or extension thereof, the issuing or denying judge shall cause to be served on the persons named in the order or application and such other persons in the recorded conversation as the judge may determine that justice requires be notified, a notice of the transaction involving any requested or completed use of an eavesdropping device which shall include:
    (1) notice of the entry of an order, of subsequent approval in an emergency situation, or the denial of an application;
    (2) the date of the entry, approval, or denial;
    (3) the period of the authorized use of any eavesdropping device; and
    (4) notice of whether during the period of eavesdropping devices were or were not used to overhear and record various conversations and whether or not such conversations are recorded.
    On an ex parte showing of good cause, the notice required by this subsection may be postponed.
    (b) Upon the filing of a motion, the judge may in his discretion make available to such person or his attorney for inspection such portions of the recorded conversations or the applications and orders as the judge determines it would be in the interest of justice to make available.
    (c) The contents of any recorded conversation or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other judicial or administrative proceeding unless each party not less than 10 days before such a proceeding has been furnished with a copy of the court order and accompanying application under which the recording was authorized or approved and has had an opportunity to examine the portion of the tapes to be introduced or relied upon. Such 10 day period may be waived by the judge if he finds that it was not possible to furnish the party with such information within the stated period and that the party will not be materially prejudiced by the delay in receiving such information.
(Source: P.A. 79-1159.)

725 ILCS 5/108A-9

    (725 ILCS 5/108A-9) (from Ch. 38, par. 108A-9)
    Sec. 108A-9. Motion to Suppress Contents of Recording, etc.
    (a) Any aggrieved person in any judicial or administrative proceeding may move to suppress the contents of any recorded conversation or evidence derived therefrom on the grounds that:
    (1) the conversation was unlawfully overheard and recorded;
    (2) the order of authorization or approval under which the device was used or a recording made was improperly granted; or
    (3) the recording or interception was not made in conformity with the order of authorization.
    (b) Such a motion shall be made before the proceeding unless there was no previous opportunity for such motion. If the motion is granted, the contents shall be treated as having been obtained in violation of this Article. Upon the filing of such a motion, the judge may in his discretion make available to the moving party or his attorney such portions of the recorded conversation or evidence derived therefrom as the judge determines to be in the interests of justice.
(Source: P.A. 79-1159.)

725 ILCS 5/108A-10

    (725 ILCS 5/108A-10) (from Ch. 38, par. 108A-10)
    Sec. 108A-10. Appeal by State. In addition to any other right to appeal, the State shall have the right to appeal from a denial of an application for an order of authorization or approval and the right to appeal the granting of a motion to suppress.
    Where the State appeals, such appeal shall be taken within 30 days after the date the order was denied or motion granted and shall be diligently prosecuted.
(Source: P.A. 79-1159.)

725 ILCS 5/108A-11

    (725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
    Sec. 108A-11. Reports concerning use of eavesdropping devices.
    (a) In January of each year the State's Attorney of each county in which eavesdropping devices were used pursuant to the provisions of this Article shall report to the Illinois State Police the following with respect to each application for an order authorizing the use of an eavesdropping device, or an extension thereof, made during the preceding calendar year:
        (1) the fact that such an order, extension, or
    
subsequent approval of an emergency was applied for;
        (2) the kind of order or extension applied for;
        (3) a statement as to whether the order or extension
    
was granted as applied for was modified, or was denied;
        (4) the period authorized by the order or extensions
    
in which an eavesdropping device could be used;
        (5) the felony specified in the order extension or
    
denied application;
        (6) the identity of the applying investigative or law
    
enforcement officer and agency making the application and the State's Attorney authorizing the application; and
        (7) the nature of the facilities from which or the
    
place where the eavesdropping device was to be used.
    (b) Such report shall also include the following:
        (1) a general description of the uses of
    
eavesdropping devices actually made under such order to overheard or record conversations, including: (a) the approximate nature and frequency of incriminating conversations overheard, (b) the approximate nature and frequency of other conversations overheard, (c) the approximate number of persons whose conversations were overheard, and (d) the approximate nature, amount, and cost of the manpower and other resources used pursuant to the authorization to use an eavesdropping device;
        (2) the number of arrests resulting from authorized
    
uses of eavesdropping devices and the offenses for which arrests were made;
        (3) the number of trials resulting from such uses of
    
eavesdropping devices;
        (4) the number of motions to suppress made with
    
respect to such uses, and the number granted or denied; and
        (5) the number of convictions resulting from such
    
uses and the offenses for which the convictions were obtained and a general assessment of the importance of the convictions.
    (c) In April of each year, the Illinois State Police shall transmit to the General Assembly a report including information on the number of applications for orders authorizing the use of eavesdropping devices, the number of orders and extensions granted or denied during the preceding calendar year, and the convictions arising out of such uses.
    The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)

725 ILCS 5/Art. 108B

 
    (725 ILCS 5/Art. 108B heading)
ARTICLE 108B. ELECTRONIC CRIMINAL SURVEILLANCE

725 ILCS 5/108B-1

    (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
    Sec. 108B-1. Definitions. For the purpose of this Article:
    (a) "Aggrieved person" means a person who was a party to any intercepted private communication or any person against whom the intercept was directed.
    (b) "Chief Judge" means, when referring to a judge authorized to receive application for, and to enter orders authorizing, interceptions of private communications, the Chief Judge of the Circuit Court wherein the application for order of interception is filed, or a Circuit Judge designated by the Chief Judge to enter these orders. In circuits other than the Cook County Circuit, "Chief Judge" also means, when referring to a judge authorized to receive application for, and to enter orders authorizing, interceptions of private communications, an Associate Judge authorized by Supreme Court Rule to try felony cases who is assigned by the Chief Judge to enter these orders. After assignment by the Chief Judge, an Associate Judge shall have plenary authority to issue orders without additional authorization for each specific application made to him by the State's Attorney until the time the Associate Judge's power is rescinded by the Chief Judge.
    (c) "Communications common carrier" means any person engaged as a common carrier in the transmission of communications by wire or radio, not including radio broadcasting.
    (d) "Contents" includes information obtained from a private communication concerning the existence, substance, purport or meaning of the communication, or the identity of a party of the communication.
    (e) "Court of competent jurisdiction" means any circuit court.
    (f) (Blank).
    (g) "Director" means Director of the Illinois State Police.
    (g-1) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, pager, computer, or electromagnetic, photo electronic, or photo optical system where the sending and receiving parties intend the electronic communication to be private and the interception, recording, or transcription of the electronic communication is accomplished by a device in a surreptitious manner contrary to the provisions of this Article. "Electronic communication" does not include:
        (1) any wire or oral communication; or
        (2) any communication from a tracking device.
    (h) "Electronic criminal surveillance device" or "eavesdropping device" means any device or apparatus, or computer program including an induction coil, that can be used to intercept private communication other than:
        (1) Any telephone, telegraph or telecommunication
    
instrument, equipment or facility, or any component of it, furnished to the subscriber or user by a communication common carrier in the ordinary course of its business, or purchased by any person and being used by the subscriber, user or person in the ordinary course of his business, or being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or
        (2) A hearing aid or similar device being used to
    
correct subnormal hearing to not better than normal.
    (i) "Electronic criminal surveillance officer" means any law enforcement officer or retired law enforcement officer of the United States or of the State or political subdivision of it, or of another State, or of a political subdivision of it, who is certified by the Illinois State Police to intercept private communications. A retired law enforcement officer may be certified by the Illinois State Police only to (i) prepare petitions for the authority to intercept private communications in accordance with the provisions of this Act; (ii) intercept and supervise the interception of private communications; (iii) handle, safeguard, and use evidence derived from such private communications; and (iv) operate and maintain equipment used to intercept private communications.
    (j) "In-progress trace" means to determine the origin of a wire communication to a telephone or telegraph instrument, equipment or facility during the course of the communication.
    (k) "Intercept" means the aural or other acquisition of the contents of any private communication through the use of any electronic criminal surveillance device.
    (l) "Journalist" means a person engaged in, connected with, or employed by news media, including newspapers, magazines, press associations, news agencies, wire services, radio, television or other similar media, for the purpose of gathering, processing, transmitting, compiling, editing or disseminating news for the general public.
    (m) "Law enforcement agency" means any law enforcement agency of the United States, or the State or a political subdivision of it.
    (n) "Oral communication" means human speech used to communicate by one party to another, in person, by wire communication or by any other means.
    (o) "Private communication" means a wire, oral, or electronic communication uttered or transmitted by a person exhibiting an expectation that the communication is not subject to interception, under circumstances reasonably justifying the expectation. Circumstances that reasonably justify the expectation that a communication is not subject to interception include the use of a cordless telephone or cellular communication device.
    (p) "Wire communication" means any human speech used to communicate by one party to another in whole or in part through the use of facilities for the transmission of communications by wire, cable or other like connection between the point of origin and the point of reception furnished or operated by a communications common carrier.
    (q) "Privileged communications" means a private communication between:
        (1) a licensed and practicing physician and a patient
    
within the scope of the profession of the physician;
        (2) a licensed and practicing psychologist to a
    
patient within the scope of the profession of the psychologist;
        (3) a licensed and practicing attorney-at-law and a
    
client within the scope of the profession of the lawyer;
        (4) a practicing clergyman and a confidant within the
    
scope of the profession of the clergyman;
        (5) a practicing journalist within the scope of his
    
profession;
        (6) spouses within the scope of their marital
    
relationship; or
        (7) a licensed and practicing social worker to a
    
client within the scope of the profession of the social worker.
    (r) "Retired law enforcement officer" means a person: (1) who is a graduate of a police training institute or academy, who after graduating served for at least 15 consecutive years as a sworn, full-time peace officer qualified to carry firearms for any federal or State department or agency or for any unit of local government of Illinois; (2) who has retired as a local, State, or federal peace officer in a publicly created peace officer retirement system; and (3) whose service in law enforcement was honorably terminated through retirement or disability and not as a result of discipline, suspension, or discharge.
(Source: P.A. 102-538, eff. 8-20-21.)

725 ILCS 5/108B-1.5

    (725 ILCS 5/108B-1.5)
    Sec. 108B-1.5. Retired law enforcement officer. Nothing in this Article authorizes a retired law enforcement officer to display or use a firearm at any time.
(Source: P.A. 92-863, eff. 1-3-03.)

725 ILCS 5/108B-2

    (725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)
    Sec. 108B-2. Request for application for interception.
    (a) A State's Attorney may apply for an order authorizing interception of private communications in accordance with the provisions of this Article.
    (b) The head of a law enforcement agency, including, for purposes of this subsection, the acting head of such law enforcement agency if the head of such agency is absent or unable to serve, may request that a State's Attorney apply for an order authorizing interception of private communications in accordance with the provisions of this Article.
    Upon request of a law enforcement agency, the Illinois State Police may provide technical assistance to such an agency which is authorized to conduct an interception.
(Source: P.A. 102-538, eff. 8-20-21.)

725 ILCS 5/108B-2a

    (725 ILCS 5/108B-2a) (from Ch. 38, par. 108B-2a)
    Sec. 108B-2a. Authorized disclosure or use of information. (a) Any law enforcement officer who, by any means authorized in this Article, has obtained knowledge of the contents of any conversation overheard or recorded by use of an eavesdropping device or evidence derived therefrom, may disclose such contents to another law enforcement officer or prosecuting attorney to the extent that such disclosure is appropriate to the proper performance of the official duties of the person making or receiving the disclosure.
    (b) Any investigative officer, including any attorney authorized by law to prosecute or participate in the prosecution of offenses enumerated in Section 108B-3 of this Act or law enforcement officer who, by any means authorized in this Article, has obtained knowledge of the contents of any conversation overheard or recorded by use of an eavesdropping device or evidence derived therefrom, may use the contents to the extent such use is appropriate to the proper performance of his official duties.
    (c) Admissibility into evidence in any judicial, administrative, or legislative proceeding shall be as elsewhere described in this Article.
(Source: P.A. 85-1203.)