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HB4138 - 104th General Assembly
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| 1 | AN ACT concerning criminal law. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing Section 108-10 as follows: | ||||||
| 6 | (725 ILCS 5/108-10) (from Ch. 38, par. 108-10) | ||||||
| 7 | Sec. 108-10. Return to court of things seized. | ||||||
| 8 | (a) A return of all instruments, articles or things seized | ||||||
| 9 | shall be made without unnecessary delay before the judge | ||||||
| 10 | issuing the warrant or before any judge named in the warrant or | ||||||
| 11 | before any court of competent jurisdiction. | ||||||
| 12 | (b) Telecommunications carriers shall return all | ||||||
| 13 | electronic instruments, articles, or things within 7 business | ||||||
| 14 | days. If the judge issuing the warrant finds exigent | ||||||
| 15 | circumstances exist, the return of the electronic instruments, | ||||||
| 16 | articles, or things shall be as soon as possible. For the | ||||||
| 17 | purposes of this subsection (b), "exigent circumstances" means | ||||||
| 18 | circumstances involving the immediate risk of harm to an | ||||||
| 19 | individual, imminent danger to the community, or risk of | ||||||
| 20 | flight from the jurisdiction by a suspect. The judge issuing | ||||||
| 21 | the warrant shall make a finding of applicability of this | ||||||
| 22 | subsection and shall enter a reference to this subsection upon | ||||||
| 23 | the warrant. | ||||||
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| 1 | (c) Telecommunications carriers shall not charge a fee for | ||||||
| 2 | production of the electronic instruments, articles, or things | ||||||
| 3 | listed in the search warrant. | ||||||
| 4 | (d) An inventory of any instruments, articles or things | ||||||
| 5 | seized shall be filed with the return and signed under oath by | ||||||
| 6 | the officer or person executing the warrant. The judge shall | ||||||
| 7 | upon request deliver a copy of the inventory to the person from | ||||||
| 8 | whom or from whose premises the instruments, articles or | ||||||
| 9 | things were taken and to the applicant for the warrant. | ||||||
| 10 | (e) As used in this Section, "telecommunications carrier" | ||||||
| 11 | has the meaning given to that term in Section 13-202 of the | ||||||
| 12 | Public Utilities Act. | ||||||
| 13 | (f) This amendatory Act of the 104th General Assembly does | ||||||
| 14 | not affect the ability of a law enforcement agency to obtain | ||||||
| 15 | information under the Freedom From Location Surveillance Act. | ||||||
| 16 | (Source: Laws 1963, p. 2836.) | ||||||