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Full Text of SB0767  102nd General Assembly

SB0767sam001 102ND GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 4/12/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 767

2    AMENDMENT NO. ______. Amend Senate Bill 767 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 108-4 and 108-8 and by adding
6Section 108-15 as follows:
 
7    (725 ILCS 5/108-4)  (from Ch. 38, par. 108-4)
8    Sec. 108-4. Issuance of search warrant.
9    (a) All warrants upon written complaint shall state the
10time and date of issuance and be the warrants of the judge
11issuing the same and not the warrants of the court in which he
12or she is then sitting and these warrants need not bear the
13seal of the court or clerk thereof. The complaint on which the
14warrant is issued need not be filed with the clerk of the court
15nor with the court if there is no clerk until the warrant has
16been executed or has been returned "not executed".

 

 

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1    The search warrant upon written complaint may be issued
2electronically or electromagnetically by use of electronic
3mail or a facsimile transmission machine and this warrant
4shall have the same validity as a written search warrant.
5    (a-5) No-knock search warrant.
6        (1) A no-knock search warrant may not be issued
7    unless:
8            (A) based upon a showing of specific facts, there
9        is a reasonable suspicion that knocking and announcing
10        would be dangerous to the life or safety of the
11        officers serving the warrant or another person; and
12            (B) the no-knock search warrant has been
13        personally reviewed and approved by the chief of the
14        law enforcement agency requesting the warrant and not
15        by a designee.
16        (2) Prior to serving a no-knock search warrant, the
17    supervisor of the officers serving the search warrant will
18    ensure:
19            (A) that each participating member is assigned a
20        functioning body worn camera and is following
21        appropriate policies and procedures; and
22            (B) that a Special Weapons and Tactics or other
23        tactical team supervisor has been notified that a
24        no-knock search warrant has been issued pursuant to
25        Section 108-8.
26        (3) As used in this subsection, "no-knock search

 

 

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1    warrant" means a search warrant to be executed by making
2    entry without the serving officer first knocking and
3    announcing his or her office.
4    (b) Warrant upon oral testimony.
5        (1) General rule. When the offense in connection with
6    which a search warrant is sought constitutes terrorism or
7    any related offense as defined in Article 29D of the
8    Criminal Code of 2012, and if the circumstances make it
9    reasonable to dispense, in whole or in part, with a
10    written affidavit, a judge may issue a warrant based upon
11    sworn testimony communicated by telephone or other
12    appropriate means, including facsimile transmission.
13        (2) Application. The person who is requesting the
14    warrant shall prepare a document to be known as a
15    duplicate original warrant and shall read such duplicate
16    original warrant, verbatim, to the judge. The judge shall
17    enter, verbatim, what is so read to the judge on a document
18    to be known as the original warrant. The judge may direct
19    that the warrant be modified.
20        (3) Issuance. If the judge is satisfied that the
21    offense in connection with which the search warrant is
22    sought constitutes terrorism or any related offense as
23    defined in Article 29D of the Criminal Code of 2012, that
24    the circumstances are such as to make it reasonable to
25    dispense with a written affidavit, and that grounds for
26    the application exist or that there is probable cause to

 

 

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1    believe that they exist, the judge shall order the
2    issuance of a warrant by directing the person requesting
3    the warrant to sign the judge's name on the duplicate
4    original warrant. The judge shall immediately sign the
5    original warrant and enter on the face of the original
6    warrant the exact time when the warrant was ordered to be
7    issued. The finding of probable cause for a warrant upon
8    oral testimony may be based on the same kind of evidence as
9    is sufficient for a warrant upon affidavit.
10        (4) Recording and certification of testimony. When a
11    caller informs the judge that the purpose of the call is to
12    request a warrant, the judge shall immediately place under
13    oath each person whose testimony forms a basis of the
14    application and each person applying for that warrant. If
15    a voice recording device is available, the judge shall
16    record by means of the device all of the call after the
17    caller informs the judge that the purpose of the call is to
18    request a warrant, otherwise a stenographic or longhand
19    verbatim record shall be made. If a voice recording device
20    is used or a stenographic record made, the judge shall
21    have the record transcribed, shall certify the accuracy of
22    the transcription, and shall file a copy of the original
23    record and the transcription with the court. If a longhand
24    verbatim record is made, the judge shall file a signed
25    copy with the court.
26        (5) Contents. The contents of a warrant upon oral

 

 

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1    testimony shall be the same as the contents of a warrant
2    upon affidavit.
3        (6) Additional rule for execution. The person who
4    executes the warrant shall enter the exact time of
5    execution on the face of the duplicate original warrant.
6        (7) Motion to suppress based on failure to obtain a
7    written affidavit. Evidence obtained pursuant to a warrant
8    issued under this subsection (b) is not subject to a
9    motion to suppress on the ground that the circumstances
10    were not such as to make it reasonable to dispense with a
11    written affidavit, absent a finding of bad faith. All
12    other grounds to move to suppress are preserved.
13        (8) This subsection (b) is inoperative on and after
14    January 1, 2005.
15        (9) No evidence obtained pursuant to this subsection
16    (b) shall be inadmissible in a court of law by virtue of
17    subdivision (8).
18    (c) Warrant upon testimony by simultaneous video and audio
19transmission.
20        (1) General rule. When a search warrant is sought and
21    the request is made by electronic means that has a
22    simultaneous video and audio transmission between the
23    requestor and a judge, the judge may issue a search
24    warrant based upon sworn testimony communicated in the
25    transmission.
26        (2) Application. The requestor shall prepare a

 

 

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1    document to be known as a duplicate original warrant, and
2            (A) if circumstances allow, the requestor shall
3        transmit a copy of the warrant together with a
4        complaint for search warrant to the judge by
5        facsimile, email, or other reliable electronic means;
6        or
7            (B) if circumstances make transmission under
8        subparagraph (A) of this paragraph (2) impracticable,
9        the requestor shall read the duplicate original
10        warrant, verbatim, to the judge after being placed
11        under oath as provided in paragraph (4) of this
12        subsection (c). The judge shall enter, verbatim, what
13        is so read to the judge on a document in the judge's
14        possession.
15    Under both subparagraphs (A) and (B), the document in
16    possession of the judge shall be known as the original
17    warrant. The judge may direct that the warrant be
18    modified.
19        (3) Issuance. If the judge is satisfied that grounds
20    for the application exist or that there is probable cause
21    to believe that grounds exist, the judge shall order the
22    issuance of a warrant by directing the requestor to sign
23    the judge's name on the duplicate original warrant, place
24    the requestor's initials below the judge's name, and enter
25    on the face of the duplicate original warrant the exact
26    date and time when the warrant was ordered to be issued.

 

 

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1    The judge shall immediately sign the original warrant and
2    enter on the face of the original warrant the exact date
3    and time when the warrant was ordered to be issued. The
4    finding of probable cause for a warrant under this
5    subsection (c) may be based on the same kind of evidence as
6    is sufficient for a warrant under subsection (a).
7        (4) Recording and certification of testimony. When a
8    requestor initiates a request for search warrant under
9    this subsection (c), and after the requestor informs the
10    judge that the purpose of the communication is to request
11    a warrant, the judge shall place under oath each person
12    whose testimony forms a basis of the application and each
13    person applying for that warrant. A record of the facts
14    upon which the judge based his or her decision to issue a
15    warrant must be made and filed with the court, together
16    with the original warrant.
17            (A) When the requestor has provided the judge with
18        a written complaint for search warrant under
19        subparagraph (A) of paragraph (2) of this subsection
20        (c) and the judge has sworn the complainant to the
21        facts contained in the complaint for search warrant
22        but has taken no other oral testimony from any person
23        that is essential to establishing probable cause, the
24        judge must acknowledge the attestation in writing on
25        the complaint and file this acknowledged complaint
26        with the court.

 

 

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1            (B) When the requestor has not provided the judge
2        with a written complaint for search warrant, or when
3        the judge has taken oral testimony essential to
4        establishing probable cause not contained in the
5        written complaint for search warrant, the essential
6        facts in the oral testimony that form the basis of the
7        judge's decision to issue the warrant shall be
8        included in the record together with the written
9        complaint, if any. If a recording device is used or a
10        stenographic record is made, the judge shall have the
11        record transcribed, shall certify the accuracy of the
12        transcription, and shall file a copy of the original
13        record and the transcription with the court. If a
14        longhand record is made, the judge shall file a signed
15        copy with the court.
16    The material to be filed need not be filed until the
17    warrant has been executed or has been returned "not
18    executed".
19        (5) Contents. The contents of a warrant under this
20    subsection (c) shall be the same as the contents of a
21    warrant upon affidavit. A warrant under this subsection is
22    a warrant of the judge issuing the same and not the warrant
23    of the court in which he or she is then sitting and these
24    warrants need not bear the seal of the court or the clerk
25    of the court.
26        (6) Additional rule for execution. The person who

 

 

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1    executes the warrant shall enter the exact time of
2    execution on the face of the duplicate original warrant.
3        (7) Motion to suppress based on failure to obtain a
4    written affidavit. Evidence obtained under a warrant
5    issued under this subsection (c) is not subject to a
6    motion to suppress on the ground that the circumstances
7    were not such as to make it reasonable to dispense with a
8    written affidavit, absent a finding of bad faith. All
9    other grounds to move to suppress are preserved.
10    (d) The Chief Judge of the circuit court or presiding
11judge in the issuing jurisdiction shall, by local rule, create
12a standard practice for the filing or other retention of
13documents or recordings produced under this Section.
14(Source: P.A. 98-829, eff. 8-1-14; 98-905, eff. 1-1-15; 99-78,
15eff. 7-20-15.)
 
16    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)
17    Sec. 108-8. Use of force in execution of search warrant.
18    (a) All necessary and reasonable force may be used to
19effect an entry into any building or property or part thereof
20to execute a search warrant.
21    (b) The court issuing a warrant may authorize the officer
22executing the warrant to make entry without first knocking and
23announcing his or her office if it finds, based upon a showing
24of specific facts, the existence of the following exigent
25circumstances:

 

 

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1        (1) That there is a reasonable suspicion that knocking
2    and announcing would be dangerous to the life or safety of
3    the officers serving the warrant or another person. That
4    the officer reasonably believes that if notice were given
5    a weapon would be used:
6            (i) against the officer executing the search
7        warrant; or
8            (ii) against another person.
9        (2) That if notice were given there is an imminent
10    "danger" that evidence will be destroyed.
11    The court may only grant authorization under this
12subsection if the law enforcement agency seeking such
13authorization provides to the court evidence that the request
14for such authorization has been personally reviewed and
15approved by the chief of the law enforcement agency requesting
16the warrant and not by a designee.
17(Source: P.A. 92-502, eff. 12-19-01.)
 
18    (725 ILCS 5/108-15 new)
19    Sec. 108-15. Wrong raid. A law enforcement agency must
20conduct a critical incident after-action review for search
21warrants identified as wrong raids or in other circumstances
22identified by the chief. The results of each such review will
23be presented to the chief for a personal, secondary review and
24determination of any required actions, including modifications
25to agency policies, tactics, equipment, or training. The chief

 

 

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1will arrange for an annual evaluation of all the reviews.
2    As used in this Section, "wrong raid" means a search
3warrant that is served at a location that is different than the
4location listed on the search warrant, or an incident where a
5law enforcement officer serving a search warrant encounters,
6identifies, or should reasonably have become aware of
7circumstances or facts that are inconsistent with the factual
8basis for the probable cause documented and used to obtain the
9search warrant.".