98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3170
 
Introduced 2/11/2014, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 

 



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

     Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section on grounds for a search warrant.
  


LRB098 19998 MRW 55225 b

 
 
A BILL FOR
 

  
SB3170LRB098 19998 MRW 55225 b


  
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 108-3 as follows:
 



6    (725 ILCS 5/108-3)  (from Ch. 38, par. 108-3)



7    Sec. 108-3. Grounds for search warrant. 

8    (a) Except as provided in subsection (b), upon the the 
9written complaint of
any person under oath or affirmation
which 
10states facts sufficient to show probable cause and which

11particularly describes the place or person, or both, to be 
12searched and
the things to be seized, any judge may issue a 
13search warrant for the
seizure of the following:


14        (1) Any instruments, articles or things designed or 
15    intended for use
or which are or have been used in the

16    commission of, or which may constitute evidence of, the 
17    offense in
connection with which the warrant is issued; or 
18    contraband, the fruits of
crime, or things otherwise 
19    criminally possessed.


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

 
 
SB3170- 2 -LRB098 19998 MRW 55225 b

1    (b) When the things to be seized are the work product of, 
2or used in the
ordinary course of business, and in the 
3possession, custody, or control
of any person known to be 
4engaged in the gathering or dissemination of news
for the print 
5or broadcast media, no judge may issue a search warrant unless

6the requirements set forth in subsection (a) are satisfied and 
7there is
probable cause to believe that:


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


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

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