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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
11is then sitting and such warrants need not bear the seal of the
12court or clerk thereof. The complaint on which the warrant is
13issued need not be filed with the clerk of the court nor with
14the court if there is no clerk until the warrant has been
15executed or has been returned "not executed".
16    The search warrant upon written complaint may be issued
17electronically or electromagnetically by use of electronic
18mail or a facsimile transmission machine and any such warrant
19shall have the same validity as a written search warrant.
20    (b) Warrant upon oral testimony.
21        (1) General rule. When the offense in connection with
22    which a search warrant is sought constitutes terrorism or
23    any related offense as defined in Article 29D of the

 

 

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1    Criminal Code of 2012, and if the circumstances make it
2    reasonable to dispense, in whole or in part, with a written
3    affidavit, a judge may issue a warrant based upon sworn
4    testimony communicated by telephone or other appropriate
5    means, including facsimile transmission.
6        (2) Application. The person who is requesting the
7    warrant shall prepare a document to be known as a duplicate
8    original warrant and shall read such duplicate original
9    warrant, verbatim, to the judge. The judge shall enter,
10    verbatim, what is so read to the judge on a document to be
11    known as the original warrant. The judge may direct that
12    the warrant be modified.
13        (3) Issuance. If the judge is satisfied that the
14    offense in connection with which the search warrant is
15    sought constitutes terrorism or any related offense as
16    defined in Article 29D of the Criminal Code of 2012, that
17    the circumstances are such as to make it reasonable to
18    dispense with a written affidavit, and that grounds for the
19    application exist or that there is probable cause to
20    believe that they exist, the judge shall order the issuance
21    of a warrant by directing the person requesting the warrant
22    to sign the judge's name on the duplicate original warrant.
23    The judge shall immediately sign the original warrant and
24    enter on the face of the original warrant the exact time
25    when the warrant was ordered to be issued. The finding of
26    probable cause for a warrant upon oral testimony may be

 

 

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1    based on the same kind of evidence as is sufficient for a
2    warrant upon affidavit.
3        (4) Recording and certification of testimony. When a
4    caller informs the judge that the purpose of the call is to
5    request a warrant, the judge shall immediately place under
6    oath each person whose testimony forms a basis of the
7    application and each person applying for that warrant. If a
8    voice recording device is available, the judge shall record
9    by means of the device all of the call after the caller
10    informs the judge that the purpose of the call is to
11    request a warrant, otherwise a stenographic or longhand
12    verbatim record shall be made. If a voice recording device
13    is used or a stenographic record made, the judge shall have
14    the record transcribed, shall certify the accuracy of the
15    transcription, and shall file a copy of the original record
16    and the transcription with the court. If a longhand
17    verbatim record is made, the judge shall file a signed copy
18    with the court.
19        (5) Contents. The contents of a warrant upon oral
20    testimony shall be the same as the contents of a warrant
21    upon affidavit.
22        (6) Additional rule for execution. The person who
23    executes the warrant shall enter the exact time of
24    execution on the face of the duplicate original warrant.
25        (7) Motion to suppress based on failure to obtain a
26    written affidavit. Evidence obtained pursuant to a warrant

 

 

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1    issued under this subsection (b) is not subject to a motion
2    to suppress on the ground that the circumstances were not
3    such as to make it reasonable to dispense with a written
4    affidavit, absent a finding of bad faith. All other grounds
5    to move to suppress are preserved.
6        (8) This subsection (b) is inoperative on and after
7    January 1, 2005.
8        (9) No evidence obtained pursuant to this subsection
9    (b) shall be inadmissible in a court of law by virtue of
10    subdivision (8).
11(Source: P.A. 97-1150, eff. 1-25-13.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.