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92_HB4074gms
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
GEORGE H. RYAN
GOVERNOR
August 2, 2002
To the Honorable Members of the
Illinois House of Representatives
92nd General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex Rel.
Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387
(1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d
356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return House Bill 4074 entitled, "AN ACT in relation to
criminal law," with my specific recommendation for change.
House Bill 4074 amends the Code of Criminal Procedure of
1963 to allow retired police officers to become trained as
electronic criminal surveillance officers in order to conduct
court authorized non-consensual electronic criminal
surveillance. The bill defines retired police officer and
prohibits the retired officer from carrying a firearm at any
time while carrying out their electronic surveillance duties.
Under current law only specially trained and certified
law enforcement officers on active duty can carry out court
authorized non-consensual electronic criminal surveillance.
The current Electronic Criminal Surveillance law requires the
State Police to train and certify the officers. There are
three levels of training and certification:
(1) Electronic Criminal Surveillance Officer I (ECSO I)
is certified to (i) prepare petitions for the authority
to intercept private oral communications in accordance
with the provisions of electronic surveillance law; (ii)
intercept and supervise the interception of private oral
communications; (iii) handle, safeguard, and use evidence
derived from such private oral communications; and (iv)
operate and maintain equipment used to intercept private
oral communications.
(2) Electronic Criminal Surveillance Officer II is
certified to carry out ECSO I duties, plus to install,
maintain and remove non-consensual electronic criminal
surveillance devices when court authorized non-consensual
entry of property is not required.
(3) Electronic Criminal Surveillance Officer III is
certified to carry out ECSO I and ECSO II duties, plus
when authorized by the courts to enter property to
install, maintain or remove non-consensual electronic
criminal surveillance devices. Currently only law
enforcement officers assigned to a dedicated electronic
criminal surveillance unit may apply for ECSO III
training and certification.
It is my understanding that during the legislative
process, House Bill 4074 was described as allowing retired
police officers, who are properly trained and certified by
the State Police, to carry out Electronic Criminal
Surveillance Officer I duties of monitoring intercepted
communications. I fully support that purpose, which will
free up police officers to carry out other more pressing
duties. However, nothing in House Bill 4074 limits retired
officers at ECSO I duties or allows the State Police to
decline to train retired police officers at ECSO II and ECSO
III levels. I believe it is important that this legislation
be so limited to avoid any confusion. Also, I do not believe
that retired police officers, who by the terms of this bill
are prohibited from carrying a firearm, should conduct the
ECSO II and ECSO III duties. There are not a large number of
non-consensual electronic surveillance operations carried out
each year, so there is not any pressing need for anyone other
than active duty police officers to carry out ECSO II and
ECSO III duties. The intent of House Bill 4074 can be fully
satisfied by limiting retired officers to currently defined
Electronic Criminal Surveillance Officer I duties.
For these reasons, I hereby return House Bill 4074 with
the following specific recommendation for change.
on page 2, line 34, after the period, by inserting the
following:
"A retired law enforcement officer may be certified by
the Illinois State Police only to (i) prepare petitions
for the authority to intercept private oral
communications in accordance with the provisions of this
Act; (ii) intercept and supervise the interception of
private oral communications; (iii) handle, safeguard, and
use evidence derived from such private oral
communications; and (iv) operate and maintain equipment
used to intercept private oral communications.".
With this change, House Bill 4074 will have my approval.
I respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor