Full Text of SB0074 94th General Assembly
SB0074 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0074
Introduced 1/26/2005, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/108B-3 |
from Ch. 38, par. 108B-3 |
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Amends the Code of Criminal Procedure of 1963. Provides that the State's Attorney, or a person
designated in writing or
by law to act for the State's Attorney and to perform his or her duties during his or her absence or
disability, may authorize, in writing, an ex parte application to the chief
judge of a court of competent jurisdiction for an order authorizing the
interception of a private communication (rather than a private oral communication) in specified cases. Effective immediately.
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A BILL FOR
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SB0074 |
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LRB094 06279 RLC 36352 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 108B-3 as follows:
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| (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
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| Sec. 108B-3. Authorization for the interception of private
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| communication.
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| (a) The State's Attorney, or a person
designated in writing | 10 |
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by law to act for him and to perform his duties during his | 11 |
| absence or
disability, may authorize, in writing, an ex parte | 12 |
| application to the chief
judge of a court of competent | 13 |
| jurisdiction for an order authorizing the
interception of a | 14 |
| private oral communication when no
party has consented to
the | 15 |
| interception and (i) the interception may provide evidence of, | 16 |
| or may
assist in the apprehension of a person who has | 17 |
| committed, is committing or
is about to commit, a violation of | 18 |
| Section 8-1.1 (solicitation of murder),
8-1.2 (solicitation of | 19 |
| murder for hire), 9-1 (first degree murder), or 29B-1
(money | 20 |
| laundering) of the Criminal Code of 1961,
Section 401, 401.1 | 21 |
| (controlled substance
trafficking), 405, 405.1 (criminal drug | 22 |
| conspiracy) or 407 of the Illinois
Controlled Substances Act, a | 23 |
| violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, | 24 |
| 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
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| 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the | 26 |
| Criminal Code of 1961
or conspiracy to commit money laundering | 27 |
| or
conspiracy to commit first degree murder; (ii)
in response | 28 |
| to a clear and present danger of imminent death or great bodily
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| harm to persons resulting from: (1) a kidnapping or the holding | 30 |
| of a
hostage by force or the threat of the imminent use of | 31 |
| force; or (2) the
occupation by force or the threat of the | 32 |
| imminent use of force of any
premises, place, vehicle, vessel |
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SB0074 |
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LRB094 06279 RLC 36352 b |
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| or aircraft; (iii) to aid an investigation
or prosecution of a | 2 |
| civil action brought under the Illinois Streetgang
Terrorism | 3 |
| Omnibus Prevention Act when there is probable cause to
believe | 4 |
| the
interception of the private oral communication will
provide | 5 |
| evidence that a
streetgang is committing, has committed, or | 6 |
| will commit a second or subsequent
gang-related offense or that | 7 |
| the interception of the private oral
communication
will aid in | 8 |
| the collection of a judgment entered under that Act; or (iv)
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| upon
information and belief that a streetgang has committed, is | 10 |
| committing, or is
about to commit a felony.
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| (b) The State's Attorney or a person designated in writing | 12 |
| or by law to
act for the State's Attorney and to perform his or | 13 |
| her duties during his or her
absence or disability, may | 14 |
| authorize, in writing, an ex parte application to
the chief | 15 |
| judge of a circuit court for an order authorizing
the | 16 |
| interception of a private communication when no
party has | 17 |
| consented to the interception and the interception may provide
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| evidence of, or may assist in the apprehension of a person who | 19 |
| has committed,
is committing or is about to commit, a violation | 20 |
| of an offense under Article
29D of the Criminal Code of 1961.
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| (b-1) Subsection (b) is inoperative on and after January 1, | 22 |
| 2005.
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| (b-2) No conversations recorded or monitored pursuant to | 24 |
| subsection (b)
shall be made inadmissible
inadmissable in a | 25 |
| court of law by virtue of subsection (b-1).
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| (c) As used in this Section, "streetgang" and | 27 |
| "gang-related" have the
meanings ascribed to them in Section 10 | 28 |
| of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
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| (Source: P.A. 92-854, eff. 12-5-02.)
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
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