Full Text of HB5249 97th General Assembly
HB5249 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5249 Introduced 2/8/2012, by Rep. William Cunningham SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/108B-9 | from Ch. 38, par. 108B-9 |
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Amends the Code of Criminal Procedure of 1963. Provides that the contents of recordings of a private
communication intercepted under the Electronic Criminal Surveillance Article of the Code may be used to the extent that use is
appropriate to the proper performance of official duties by an investigative officer, including an attorney authorized by law
to prosecute or participate in the prosecution of offenses enumerated in
that Article or law
enforcement officer who, by any means
authorized in that Article, has obtained knowledge of the contents of any
conversation overheard or recorded by use of an eavesdropping device or
evidence derived from that use. Effective immediately.
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| | A BILL FOR |
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| | | HB5249 | | LRB097 18016 RLC 63239 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 108B-9 as follows:
| 6 | | (725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)
| 7 | | Sec. 108B-9. Recordings, records and custody.
| 8 | | (a) Any private
communication intercepted in accordance | 9 | | with this Article shall, if
practicable, be recorded by tape or | 10 | | other comparable method. The recording
shall, if practicable, | 11 | | be done in such a way as will protect it from
editing or other | 12 | | alteration. During an interception, the interception
shall be | 13 | | carried out by an electronic criminal surveillance officer, | 14 | | and,
if practicable, such officer shall keep a signed, written | 15 | | record, including:
| 16 | | (1) the date and hours of surveillance;
| 17 | | (2) the time and duration of each intercepted | 18 | | communication;
| 19 | | (3) the parties, if known, to each intercepted | 20 | | conversation; and
| 21 | | (4) a summary of the contents of each intercepted | 22 | | communication.
| 23 | | (b) Immediately upon the expiration of the order or its |
| | | HB5249 | - 2 - | LRB097 18016 RLC 63239 b |
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| 1 | | extensions, the
tapes and other recordings shall be transferred | 2 | | to the chief judge issuing the
order and sealed under his | 3 | | direction. Custody of the tapes, or other
recordings, shall be | 4 | | maintained wherever the chief judge directs. They
shall not be | 5 | | destroyed except upon an order of a court of competent
| 6 | | jurisdiction and in any event shall be kept for 10 years. | 7 | | Duplicate tapes
or other recordings may be made for disclosure | 8 | | or use under paragraph (a)
or (b) of Section 108B-2a of this | 9 | | Article. The presence of the seal provided by
this Section, or | 10 | | a satisfactory explanation for its absence, shall be a
| 11 | | prerequisite for the disclosure of the contents of any private
| 12 | | communication, or evidence derived from it, under
paragraph (b) | 13 | | of Section 108B-2a of this Article.
| 14 | | (Source: P.A. 92-854, eff. 12-5-02.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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