Full Text of SB3701 97th General Assembly
SB3701sam001 97TH GENERAL ASSEMBLY | Sen. Kirk W. Dillard Filed: 3/22/2012
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| 1 | | AMENDMENT TO SENATE BILL 3701
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3701 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 108-3, 108-6, 108-7, and 108-10 as | 6 | | follows:
| 7 | | (725 ILCS 5/108-3) (from Ch. 38, par. 108-3)
| 8 | | Sec. 108-3. Grounds for search warrant.
| 9 | | (a) Except as provided in subsection (b) or (c) , upon the | 10 | | written complaint of
any person under oath or affirmation
which | 11 | | states facts sufficient to show probable cause and which
| 12 | | particularly describes the place or person, or both, to be | 13 | | searched and
the things to be seized, any judge may issue a | 14 | | search warrant for the
seizure of the following:
| 15 | | (1) Any instruments, articles or things designed or | 16 | | intended for use
or which are or have been used in the
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| 1 | | commission of, or which may constitute evidence of, the | 2 | | offense in
connection with which the warrant is issued; or | 3 | | contraband, the fruits of
crime, or things otherwise | 4 | | criminally possessed.
| 5 | | (2) Any person who has been kidnaped in violation of | 6 | | the laws of
this State, or who has been kidnaped in another | 7 | | jurisdiction and is now
concealed within this State, or any | 8 | | human fetus or human corpse.
| 9 | | (b) When the things to be seized are the work product of, | 10 | | or used in the
ordinary course of business, and in the | 11 | | possession, custody, or control
of any person known to be | 12 | | engaged in the gathering or dissemination of news
for the print | 13 | | or broadcast media, no judge may issue a search warrant unless
| 14 | | the requirements set forth in subsection (a) are satisfied and | 15 | | there is
probable cause to believe that:
| 16 | | (1) such person has committed or is committing a | 17 | | criminal offense; or
| 18 | | (2) the things to be seized will be destroyed or | 19 | | removed from the State
if the search warrant is not issued.
| 20 | | (c) Upon the written complaint of a person under oath or | 21 | | affirmation which states facts sufficient to show probable | 22 | | cause to install and use a tracking device, a judge may issue a | 23 | | search warrant to install or otherwise activate and use a | 24 | | tracking device. As used in this Section, "tracking device" | 25 | | means an electronic or mechanical device which permits the | 26 | | tracking of the movement of a person or object. A tracking |
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| 1 | | device search warrant must identify the person or property to | 2 | | be tracked, if known, designate the judge to whom it must be | 3 | | returned, and specify a reasonable length of time that the | 4 | | device may be used. The time must not exceed 45 days from the | 5 | | date the tracking device search warrant was issued. The court | 6 | | may, for good cause, grant one or more extensions for a | 7 | | reasonable period not to exceed 45 days each. The warrant may | 8 | | authorize or direct a third-party to perform the physical | 9 | | installation of the tracking device or otherwise enable the | 10 | | means by which the movement of the person or property named in | 11 | | the tracking device search warrant may be tracked. The tracking | 12 | | device search warrant must command the officer to: | 13 | | (1) complete or cause to be completed the installation | 14 | | authorized by the warrant within a specified time no longer | 15 | | than 10 days from the date of issuance of the tracking | 16 | | device search warrant; | 17 | | (2) perform or cause to be performed the installation | 18 | | authorized by the court at any time of any day or night; | 19 | | and | 20 | | (3) return the warrant to the judge designated in the | 21 | | warrant. | 22 | | (Source: P.A. 89-377, eff. 8-18-95.)
| 23 | | (725 ILCS 5/108-6) (from Ch. 38, par. 108-6)
| 24 | | Sec. 108-6. Execution of search warrants.
| 25 | | (a) A search The warrant issued under subsection (a) or (b) |
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| 1 | | of Section 108-3 of this Act shall be executed within 96 hours | 2 | | from the time of issuance.
If the warrant is executed the | 3 | | duplicate copy shall be left with any person
from whom any | 4 | | instruments, articles or things are seized or if no person is
| 5 | | available the copy shall be left at the place from which the | 6 | | instruments,
articles or things were seized. Any warrant not | 7 | | executed within such time
shall be void and shall be returned | 8 | | to the court of the judge issuing the
same as "not executed".
| 9 | | (b) A tracking device search warrant issued under | 10 | | subsection (c) of Section 108-3 of this Act shall specify a | 11 | | reasonable length of time that the device may be used. The time | 12 | | must not exceed 45 days from the date the tracking device | 13 | | search warrant was issued. The court may, for good cause, grant | 14 | | one or more extensions for a reasonable period not to exceed 45 | 15 | | days each. The tracking device search warrant shall command the | 16 | | officer to complete, or cause to be completed, the installation | 17 | | authorized by the warrant within a specified time no longer | 18 | | than 10 days from the time of issuance of the tracking device | 19 | | search warrant. The tracking device search warrant authorizes | 20 | | the use of the tracking device within the State of Illinois, | 21 | | and outside the State of Illinois if the tracking device was | 22 | | installed within the State of Illinois or if the interception | 23 | | of the tracking device information is occurring within the | 24 | | State of Illinois. The officer executing a tracking device | 25 | | warrant must enter on it the exact date and time the device was | 26 | | installed or otherwise activated, the identity of the |
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| 1 | | individual or individuals responsible for the device's | 2 | | installation or activation, and the period during which it was | 3 | | used. Within 10 days after the use of the tracking device has | 4 | | ended, the officer executing the warrant must return it to the | 5 | | judge issuing the tracking device search warrant, or before a | 6 | | judge named in the tracking device search warrant or before a | 7 | | court of competent jurisdiction. Within 10 days after the use | 8 | | of the tracking device has ended, the officer executing a | 9 | | tracking device search warrant must serve a copy of the | 10 | | tracking device search warrant on the person who was tracked or | 11 | | whose property was tracked. Service may be accomplished by | 12 | | delivering a copy to the person who, or whose property, was | 13 | | tracked, if known, or by leaving a copy at the person's | 14 | | residence or usual place of abode with an individual of | 15 | | suitable age and discretion who resides at that location and by | 16 | | mailing a copy to the person's last known address. Upon the | 17 | | request of the State, the judge may delay notice. A warrant not | 18 | | executed within that time shall be void and shall be returned | 19 | | to the court of the judge issuing the same as "not executed." | 20 | | (Source: Laws 1963, p. 2836.)
| 21 | | (725 ILCS 5/108-7) (from Ch. 38, par. 108-7)
| 22 | | Sec. 108-7. Command of search warrant.
| 23 | | (a) A search The warrant issued under subsection (a) or (b) | 24 | | of Section 108-3 of this Act shall command the person directed | 25 | | to execute the same to
search the place or person particularly |
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| 1 | | described in the warrant and to
seize the instruments, articles | 2 | | or things particularly described in the
warrant.
| 3 | | (b) A tracking device search warrant issued under | 4 | | subsection (c) of Section 108-3 of this Act shall command the | 5 | | person directed to execute the warrant to: | 6 | | (1) complete or cause to be completed the installation | 7 | | authorized by the warrant within a specified time no longer | 8 | | than 10 days from the date of issuance of the tracking | 9 | | device search warrant; | 10 | | (2) perform or cause to be performed the installation | 11 | | authorized by the court at any time of any day or night; | 12 | | and | 13 | | (3) return the warrant to the judge designated in the | 14 | | warrant. | 15 | | (c) The tracking device search warrant may authorize the | 16 | | removal of the tracking device after the use of the tracking | 17 | | device has ended from any public place where the tracking | 18 | | device may be located. | 19 | | (Source: Laws 1963, p. 2836.)
| 20 | | (725 ILCS 5/108-10) (from Ch. 38, par. 108-10)
| 21 | | Sec. 108-10. Return to court of things seized or data | 22 | | collected .
| 23 | | (a) Except as provided in subsection (b), a A return of all | 24 | | instruments, articles or things seized shall be made
without | 25 | | unnecessary delay before the judge issuing the warrant or |
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| 1 | | before
any judge named in the search warrant or before any | 2 | | court of competent
jurisdiction. An inventory of any | 3 | | instruments, articles or things seized
shall be filed with the | 4 | | return and signed under oath by the officer or
person executing | 5 | | the warrant. The judge shall upon request deliver a copy
of the | 6 | | inventory to the person from whom or from whose premises the
| 7 | | instruments, articles or things were taken and to the applicant | 8 | | for the
warrant.
| 9 | | (b) Within 10 days after the use of the tracking device has | 10 | | ended, the officer executing the tracking device search warrant | 11 | | must return it to the judge issuing the tracking device search | 12 | | warrant, or before a judge named in the tracking device search | 13 | | warrant or before a court of competent jurisdiction. The return | 14 | | may take the form of a printout, or electronic copy, of the | 15 | | electronic tracking device data. | 16 | | (Source: Laws 1963, p. 2836.)".
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