HB4753 93RD GENERAL ASSEMBLY

LRB093 18451 RLC 44162 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4753

Introduced 02/04/04, by Frank Aguilar, John J. Millner, Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

725 ILCS 5/108-3

from Ch. 38, par. 108-3

Amends the Code of Criminal Procedure of 1963. Provides that a judge may approve the issuance of a search warrant based on an oral statement that is audio recorded. Provides that when the judge approves such a warrant, the judge shall orally authorize the law enforcement officer requesting the warrant to sign the judge's name and document the exact time and date when the warrant was ordered to be issued on the original warrant.

A BILL FOR

AN ACT concerning 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 Section 108-3 as follows:

(725 ILCS 5/108-3) (from Ch. 38, par. 108-3)

Sec. 108-3. Grounds for search warrant.

(a) Except as provided in subsection (b), upon the written complaint or oral statement that shall be audio recorded of any person under oath or affirmation which states facts sufficient to show probable cause and which particularly describes the place or person, or both, to be searched and the things to be seized, any judge may issue a search warrant for the seizure of the following:

(1) Any instruments, articles or things designed or intended for use or which are or have been used in the commission of, or which may constitute evidence of, the offense in connection with which the warrant is issued; or contraband, the fruits of crime, or things otherwise criminally possessed.

(2) Any person who has been kidnaped in violation of the laws of this State, or who has been kidnaped in another jurisdiction and is now concealed within this State, or any human fetus or human corpse.

When a judge approves the issuance of a search warrant based on oral statement that is audio recorded, the judge shall orally authorize the law enforcement officer requesting the warrant to sign the judge's name and document the exact time and date when the warrant was ordered to be issued on the original warrant.

The law enforcement officer shall record all of the call after the caller informs the judge that the purpose of the call is to orally request a warrant and the judge consents to being recorded.

When a caller informs the judge the purpose of the call is to obtain a search warrant, the judge shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for the warrant.

The audio recording shall be delivered at the same time as the return to court of the things seized under Section 108-10 of this Code. The judge shall have the recording transcribed and shall certify the accuracy of the transcription or at his or her discretion may authorize a duplicate of the audio recording be made so a transcript may be prepared of the conversation which the judge shall as soon as practical review and if appropriate certify the accuracy of the transcription. The audio recording, the transcription of the audio recording, and the certification of accuracy of the transcription thereafter shall be filed with the court. The loss of the audio recording shall not itself invalidate the warrant.

(b) When the things to be seized are the work product of, or used in the ordinary course of business, and in the possession, custody, or control of any person known to be engaged in the gathering or dissemination of news for the print or broadcast media, no judge may issue a search warrant unless the requirements set forth in subsection (a) are satisfied and there is probable cause to believe that:

(1) such person has committed or is committing a criminal offense; or

(2) the things to be seized will be destroyed or removed from the State if the search warrant is not issued.

(Source: P.A. 89-377, eff. 8-18-95.)