Full Text of SB0074 94th General Assembly
SB0074enr 94TH GENERAL ASSEMBLY
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SB0074 Enrolled |
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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 |
| or
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 Enrolled |
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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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