Full Text of SB0171 096th General Assembly
SB0171eng 96TH GENERAL ASSEMBLY
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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 108-4 as follows:
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| (725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
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| Sec. 108-4. Issuance of search warrant.
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| (a) All warrants upon written complaint shall state the | 9 |
| time
and date of issuance and be the warrants of the judge | 10 |
| issuing the same and
not the warrants of the court in which he | 11 |
| is then sitting and such warrants
need not bear the seal of the | 12 |
| court or clerk thereof. The complaint on
which the warrant is | 13 |
| issued need not be filed with the clerk of the court
nor with | 14 |
| the court if there is no clerk until the warrant has been | 15 |
| executed
or has been returned "not executed".
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| The search warrant upon written complaint may be issued | 17 |
| electronically or
electromagnetically
by use of a facsimile | 18 |
| transmission machine and any such warrant shall have
the same | 19 |
| validity as a written search warrant.
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| (b) (Blank). Warrant upon oral testimony.
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| (1) General rule. When the offense in connection with
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| which a search warrant is sought constitutes terrorism or | 23 |
| any related offense
as defined in Article 29D of the |
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| Criminal Code of 1961, and if the
circumstances make it | 2 |
| reasonable to dispense, in whole or in part, with a
written | 3 |
| affidavit, a judge may issue a warrant based upon sworn | 4 |
| testimony
communicated by telephone or other appropriate | 5 |
| means, including facsimile
transmission.
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| (2) Application. The person who is requesting the | 7 |
| warrant shall prepare a
document to be known as a duplicate | 8 |
| original warrant and shall read such
duplicate original | 9 |
| warrant, verbatim, to the judge. The judge shall enter,
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| verbatim, what is so read to the judge on a document to be | 11 |
| known
as the original warrant. The judge may direct that | 12 |
| the warrant be modified.
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| (3) Issuance. If the judge is satisfied that the
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| offense in connection with which the search warrant is | 15 |
| sought constitutes
terrorism or any related offense as | 16 |
| defined in Article 29D of the Criminal Code
of 1961, that | 17 |
| the circumstances are such as to make it reasonable to | 18 |
| dispense
with a written affidavit, and that grounds for the | 19 |
| application exist or that
there is probable cause to | 20 |
| believe that they exist, the judge shall order the
issuance | 21 |
| of a warrant by directing the person requesting the warrant | 22 |
| to sign
the judge's name on the duplicate original warrant. | 23 |
| The judge shall immediately
sign the original warrant and | 24 |
| enter on the face of the original warrant the
exact time | 25 |
| when the warrant was ordered to be issued. The finding of | 26 |
| probable
cause for a warrant upon oral testimony may be |
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| based on the same kind of
evidence as is sufficient for a | 2 |
| warrant upon affidavit.
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| (4) Recording and certification of testimony. When a
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| caller informs the judge that the purpose of the call is to | 5 |
| request a warrant,
the judge shall immediately place under | 6 |
| oath each person whose testimony forms
a basis of the | 7 |
| application and each person applying for that warrant. If a
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| voice recording device is available, the judge shall record | 9 |
| by means of the
device all of the call after the caller | 10 |
| informs the judge that the purpose of
the call is to | 11 |
| request a warrant, otherwise a stenographic or longhand | 12 |
| verbatim
record shall be made. If a voice recording device | 13 |
| is used or a stenographic
record made, the judge shall have | 14 |
| the record transcribed, shall certify the
accuracy of the | 15 |
| transcription, and shall file a copy of the original record | 16 |
| and
the transcription with the court. If a longhand | 17 |
| verbatim record is made, the
judge shall file a signed copy | 18 |
| with the court.
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| (5) Contents. The contents of a warrant upon oral
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| testimony shall be the same as the contents of a warrant | 21 |
| upon affidavit.
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| (6) Additional rule for execution. The person who
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| executes the warrant shall enter the exact time of | 24 |
| execution on the face of the
duplicate original warrant.
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| (7) Motion to suppress based on failure to obtain a | 26 |
| written affidavit.
Evidence obtained pursuant to a warrant |
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| issued under this subsection (b) is not
subject to a motion | 2 |
| to suppress on the ground that the circumstances were not
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| such as to make it reasonable to dispense with a written | 4 |
| affidavit, absent a
finding of bad faith. All other grounds | 5 |
| to move to suppress are preserved.
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| (8) This subsection (b) is inoperative on and after | 7 |
| January 1, 2005.
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| (9) No evidence obtained pursuant to this subsection | 9 |
| (b) shall be
inadmissible in a court of law by virtue of | 10 |
| subdivision (8).
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| (c) (1) Before issuing a warrant, the judge may examine on | 12 |
| oath the person or persons seeking the warrant, and any | 13 |
| witnesses produced, and must take his or her affidavit, or | 14 |
| their affidavits, in writing and cause the affidavit to be | 15 |
| subscribed by the party or parties making the affidavit. Before | 16 |
| issuing the warrant, the judge may also examine any other sworn | 17 |
| affidavit submitted to him or her which sets forth facts | 18 |
| tending to establish probable cause for the issuance of the | 19 |
| warrant. | 20 |
| (2) The affidavit or affidavits must set forth the facts | 21 |
| tending to establish the grounds of the application, or | 22 |
| probable cause for believing the grounds exist. | 23 |
| (3) In lieu of, or in addition to, a written affidavit, or | 24 |
| affidavits, as provided in paragraph (1) of this subsection | 25 |
| (c), the judge may take an oral statement under oath which | 26 |
| shall be recorded on tape or other comparable method. This |
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| statement may be given in person to the judge or by telephone, | 2 |
| radio, or other means of electronic communication. This | 3 |
| statement is deemed to be an affidavit for the purposes of | 4 |
| issuance of a search warrant. If a recording of the sworn | 5 |
| statement is made, the statement shall be transcribed at the | 6 |
| request of the judge or either party and certified by the judge | 7 |
| and filed with the court. | 8 |
| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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