Full Text of SB0767 102nd General Assembly
SB0767sam002 102ND GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 4/27/2021
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| 1 | | AMENDMENT TO SENATE BILL 767
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 767 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 108-4 and 108-8 and by adding | 6 | | Section 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 | 10 | | time
and date of issuance and be the warrants of the judge | 11 | | issuing the same and
not the warrants of the court in which he | 12 | | or she is then sitting and these warrants
need not bear the | 13 | | seal of the court or clerk thereof. The complaint on
which the | 14 | | warrant is issued need not be filed with the clerk of the court
| 15 | | nor with the court if there is no clerk until the warrant has | 16 | | been executed
or has been returned "not executed".
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| 1 | | The search warrant upon written complaint may be issued | 2 | | electronically or
electromagnetically
by use of electronic | 3 | | mail or a facsimile transmission machine and this warrant | 4 | | shall have
the same validity as a written search warrant.
| 5 | | (a-5) No-knock search warrant. A no-knock search warrant | 6 | | may not be issued unless: | 7 | | (1) based upon a showing of specific facts, there is a | 8 | | reasonable suspicion that knocking and announcing would | 9 | | subject the officer serving the warrant or another person | 10 | | to death or great bodily harm; and | 11 | | (2) the no-knock search warrant has been personally | 12 | | reviewed and approved by the chief of the law enforcement | 13 | | agency requesting the warrant and not by a designee. | 14 | | (b) Warrant upon oral testimony.
| 15 | | (1) General rule. When the offense in connection with
| 16 | | which a search warrant is sought constitutes terrorism or | 17 | | any related offense
as defined in Article 29D of the | 18 | | Criminal Code of 2012, and if the
circumstances make it | 19 | | reasonable to dispense, in whole or in part, with a
| 20 | | written affidavit, a judge may issue a warrant based upon | 21 | | sworn testimony
communicated by telephone or other | 22 | | appropriate means, including facsimile
transmission.
| 23 | | (2) Application. The person who is requesting the | 24 | | warrant shall prepare a
document to be known as a | 25 | | duplicate original warrant and shall read such
duplicate | 26 | | original warrant, verbatim, to the judge. The judge shall |
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| 1 | | enter,
verbatim, what is so read to the judge on a document | 2 | | to be known
as the original warrant. The judge may direct | 3 | | that the warrant be modified.
| 4 | | (3) Issuance. If the judge is satisfied that the
| 5 | | offense in connection with which the search warrant is | 6 | | sought constitutes
terrorism or any related offense as | 7 | | defined in Article 29D of the Criminal Code
of 2012, that | 8 | | the circumstances are such as to make it reasonable to | 9 | | dispense
with a written affidavit, and that grounds for | 10 | | the application exist or that
there is probable cause to | 11 | | believe that they exist, the judge shall order the
| 12 | | issuance of a warrant by directing the person requesting | 13 | | the warrant to sign
the judge's name on the duplicate | 14 | | original warrant. The judge shall immediately
sign the | 15 | | original warrant and enter on the face of the original | 16 | | warrant the
exact time when the warrant was ordered to be | 17 | | issued. The finding of probable
cause for a warrant upon | 18 | | oral testimony may be based on the same kind of
evidence as | 19 | | is sufficient for a warrant upon affidavit.
| 20 | | (4) Recording and certification of testimony. When a
| 21 | | caller informs the judge that the purpose of the call is to | 22 | | request a warrant,
the judge shall immediately place under | 23 | | oath each person whose testimony forms
a basis of the | 24 | | application and each person applying for that warrant. If | 25 | | a
voice recording device is available, the judge shall | 26 | | record by means of the
device all of the call after the |
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| 1 | | caller informs the judge that the purpose of
the call is to | 2 | | request a warrant, otherwise a stenographic or longhand | 3 | | verbatim
record shall be made. If a voice recording device | 4 | | is used or a stenographic
record made, the judge shall | 5 | | have the record transcribed, shall certify the
accuracy of | 6 | | the transcription, and shall file a copy of the original | 7 | | record and
the transcription with the court. If a longhand | 8 | | verbatim record is made, the
judge shall file a signed | 9 | | copy with the court.
| 10 | | (5) Contents. The contents of a warrant upon oral
| 11 | | testimony shall be the same as the contents of a warrant | 12 | | upon affidavit.
| 13 | | (6) Additional rule for execution. The person who
| 14 | | executes the warrant shall enter the exact time of | 15 | | execution on the face of the
duplicate original warrant.
| 16 | | (7) Motion to suppress based on failure to obtain a | 17 | | written affidavit.
Evidence obtained pursuant to a warrant | 18 | | issued under this subsection (b) is not
subject to a | 19 | | motion to suppress on the ground that the circumstances | 20 | | were not
such as to make it reasonable to dispense with a | 21 | | written affidavit, absent a
finding of bad faith. All | 22 | | other grounds to move to suppress are preserved.
| 23 | | (8) This subsection (b) is inoperative on and after | 24 | | January 1, 2005.
| 25 | | (9) No evidence obtained pursuant to this subsection | 26 | | (b) shall be
inadmissible in a court of law by virtue of |
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| 1 | | subdivision (8).
| 2 | | (c) Warrant upon testimony by simultaneous video and audio | 3 | | transmission. | 4 | | (1) General rule. When a search warrant is sought and | 5 | | the request is made by electronic means that has a | 6 | | simultaneous video and audio transmission between the | 7 | | requestor and a judge, the judge may issue a search | 8 | | warrant based upon sworn testimony communicated in the | 9 | | transmission. | 10 | | (2) Application. The requestor shall prepare a | 11 | | document to be known as a duplicate original warrant, and | 12 | | (A) if circumstances allow, the requestor shall | 13 | | transmit a copy of the warrant together with a | 14 | | complaint for search warrant to the judge by | 15 | | facsimile, email, or other reliable electronic means; | 16 | | or | 17 | | (B) if circumstances make transmission under | 18 | | subparagraph (A) of this paragraph (2) impracticable, | 19 | | the requestor shall read the duplicate original | 20 | | warrant, verbatim, to the judge after being
placed | 21 | | under oath as provided in paragraph (4) of this | 22 | | subsection (c). The judge shall enter, verbatim, what | 23 | | is so read to the judge on a document in the judge's | 24 | | possession. | 25 | | Under both subparagraphs (A) and (B), the document in | 26 | | possession of the judge shall be known as the original |
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| 1 | | warrant. The judge may direct that the warrant be | 2 | | modified. | 3 | | (3) Issuance. If the judge is satisfied that grounds | 4 | | for the application exist or that there is probable cause | 5 | | to believe that grounds exist, the judge shall order the | 6 | | issuance of a warrant by directing the requestor to sign | 7 | | the judge's name on the duplicate original warrant, place | 8 | | the requestor's initials below the judge's name, and enter | 9 | | on the face of the duplicate original warrant the exact | 10 | | date and time when the warrant was ordered to be issued. | 11 | | The judge shall immediately sign the original warrant and | 12 | | enter on the face of the original warrant the exact date | 13 | | and time when the warrant was ordered to be issued. The | 14 | | finding of probable cause for a warrant under this | 15 | | subsection (c) may be based on the same kind of evidence as | 16 | | is sufficient for a warrant under subsection (a). | 17 | | (4) Recording and certification of testimony. When a | 18 | | requestor initiates a request for search warrant under | 19 | | this subsection (c), and after the requestor informs the | 20 | | judge that the purpose of the communication is to request | 21 | | a warrant, the judge shall place under oath each person | 22 | | whose testimony forms a basis of the application and each | 23 | | person applying for that warrant. A record of the facts | 24 | | upon which the judge based his or her decision to issue a | 25 | | warrant must be made and filed with the court, together | 26 | | with the original warrant. |
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| 1 | | (A) When the requestor has provided the judge with | 2 | | a written complaint for search warrant under | 3 | | subparagraph (A) of paragraph (2) of this subsection | 4 | | (c) and the judge has sworn the complainant to the | 5 | | facts contained in the complaint for search warrant | 6 | | but has taken no other oral testimony from any person | 7 | | that is essential to establishing probable cause, the | 8 | | judge must acknowledge the attestation in writing on | 9 | | the complaint and file this acknowledged complaint | 10 | | with the court. | 11 | | (B) When the requestor has not provided the judge | 12 | | with a written complaint for search warrant, or when | 13 | | the judge has taken oral testimony essential to | 14 | | establishing probable cause not contained in the | 15 | | written complaint for search warrant, the essential | 16 | | facts in the oral testimony that form the basis of the | 17 | | judge's decision to issue the warrant shall be | 18 | | included in the record together with the written | 19 | | complaint, if any. If a recording device is used or a | 20 | | stenographic record is made, the judge shall have the | 21 | | record transcribed, shall certify the accuracy of the | 22 | | transcription, and shall file a copy of the original | 23 | | record and the transcription with the court. If a | 24 | | longhand record is made, the judge shall file a signed | 25 | | copy with the court. | 26 | | The material to be filed need not be filed until the |
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| 1 | | warrant has been executed or has been returned "not | 2 | | executed". | 3 | | (5) Contents. The contents of a warrant under this | 4 | | subsection (c) shall be the same as the contents of a | 5 | | warrant upon affidavit. A warrant under this subsection is | 6 | | a warrant of the judge issuing the same and not the warrant | 7 | | of the court in which he or she is then sitting and these | 8 | | warrants need not bear the seal of the court or the clerk | 9 | | of the court. | 10 | | (6) Additional rule for execution. The person who | 11 | | executes the warrant shall enter the exact time of | 12 | | execution on the face of the duplicate original warrant. | 13 | | (7) Motion to suppress based on failure to obtain a | 14 | | written affidavit. Evidence obtained under a warrant | 15 | | issued under this subsection (c) is not subject to a | 16 | | motion to suppress on the ground that the circumstances | 17 | | were not such as to make it reasonable to dispense with a | 18 | | written affidavit, absent a finding of bad faith. All | 19 | | other grounds to move to suppress are preserved. | 20 | | (d) The Chief Judge of the circuit court or presiding | 21 | | judge in the issuing jurisdiction shall, by local rule, create | 22 | | a standard practice for the filing or other retention of | 23 | | documents or recordings produced under this Section. | 24 | | (Source: P.A. 98-829, eff. 8-1-14; 98-905, eff. 1-1-15; 99-78, | 25 | | eff. 7-20-15.)
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| 1 | | (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
| 2 | | (Text of Section before amendment by P.A. 101-652 )
| 3 | | Sec. 108-8. Use of force in execution of search warrant.
| 4 | | (a) All necessary and reasonable force may be used to | 5 | | effect an entry into
any building or property or part thereof | 6 | | to execute a search warrant.
| 7 | | (b) The court issuing a warrant may authorize the officer | 8 | | executing the
warrant to make entry without first knocking and | 9 | | announcing his or her office
if it finds, based upon a showing | 10 | | of specific facts, the existence of the
following exigent | 11 | | circumstances:
| 12 | | (1) That the officer reasonably believes that if | 13 | | notice were given a
weapon would be used:
| 14 | | (i) against the officer executing the search | 15 | | warrant; or
| 16 | | (ii) against another person.
| 17 | | (2) That if notice were given there is an imminent | 18 | | "danger" that evidence
will be destroyed.
| 19 | | (Source: P.A. 92-502, eff. 12-19-01.)
| 20 | | (Text of Section after amendment by P.A. 101-652 )
| 21 | | Sec. 108-8. Use of force in execution of search warrant.
| 22 | | (a) All necessary and reasonable force may be used to | 23 | | effect an entry into
any building or property or part thereof | 24 | | to execute a search warrant.
| 25 | | (b) The court issuing a warrant may authorize the officer |
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| 1 | | executing the
warrant to make entry without first knocking and | 2 | | announcing his or her office
if it finds, based upon a showing | 3 | | of specific facts, the existence of the
following exigent | 4 | | circumstances:
| 5 | | (1) That there is a reasonable suspicion that knocking | 6 | | and announcing would subject the officer serving the | 7 | | warrant or another person to death or great bodily harm. | 8 | | That the officer reasonably believes that if notice were | 9 | | given a
weapon would be used:
| 10 | | (i) against the officer executing the search | 11 | | warrant; or
| 12 | | (ii) against another person.
| 13 | | (2) That if notice were given there is an imminent | 14 | | "danger" that evidence
will be destroyed.
| 15 | | The court may only grant authorization under this | 16 | | subsection if the law enforcement agency seeking such | 17 | | authorization provides to the court evidence that the request | 18 | | for such authorization has been personally reviewed and | 19 | | approved by the chief of the law enforcement agency requesting | 20 | | the warrant and not by a designee. | 21 | | Prior to serving a warrant issued under this subsection, | 22 | | the supervisor of the officers serving the search warrant | 23 | | shall ensure that a Special Weapons and Tactics or other | 24 | | tactical team supervisor has been notified that a no-knock | 25 | | search warrant has been issued under this subsection. | 26 | | (c) Prior to the issuing of a warrant under subsection |
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| 1 | | (b), the officer must attest that: | 2 | | (1) prior to entering the location described in the | 3 | | search warrant, a supervising officer will ensure that | 4 | | each participating member is assigned a body worn camera | 5 | | and is following policies and procedures in accordance | 6 | | with Section 10-20 of the Law Enforcement Officer-Worn | 7 | | Body Camera Act; provided that the law enforcement agency | 8 | | has implemented body worn camera in accordance with | 9 | | Section 10-15 of the Law Enforcement Officer-Worn Body
| 10 | | Camera Act. If a law enforcement agency has not | 11 | | implemented a body camera in accordance with Section 10-15 | 12 | | of the Law Enforcement Officer-Worn Body
Camera Act, the | 13 | | officer must attest that the interaction authorized by the | 14 | | warrant is otherwise recorded; | 15 | | (2) steps were taken in planning the search to ensure | 16 | | accuracy and plan for children or other vulnerable people | 17 | | on-site; and | 18 | | (3) if an officer becomes aware the search warrant was | 19 | | executed at an address, unit, or apartment different from | 20 | | the location listed on the search warrant, that member | 21 | | will immediately notify a supervisor who will ensure an | 22 | | internal investigation ensues. | 23 | | (Source: P.A. 101-652, eff. 7-1-21.)
| 24 | | (725 ILCS 5/108-15 new) | 25 | | Sec. 108-15. Wrong raid. A law enforcement agency must |
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| 1 | | conduct a critical incident after-action review for search | 2 | | warrants identified as wrong raids or in other circumstances | 3 | | identified by the chief. The results of each such review will | 4 | | be presented to the chief for a personal, secondary review and | 5 | | determination of any required actions, including modifications | 6 | | to agency policies, tactics, equipment, or training. The chief | 7 | | will arrange for an annual evaluation of all the reviews. | 8 | | As used in this Section, "wrong raid" means a search | 9 | | warrant that is served at a location that is different than the | 10 | | location listed on the search warrant, or an incident where a | 11 | | law enforcement officer serving a search warrant encounters, | 12 | | identifies, or should reasonably have become aware of | 13 | | circumstances or facts that are inconsistent with the factual | 14 | | basis for the probable cause documented and used to obtain the | 15 | | search warrant.
| 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act.".
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