Full Text of SB3701 097th General Assembly
SB3701eng 97TH GENERAL ASSEMBLY |
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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 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
| 17 | | commission of, or which may constitute evidence of, the | 18 | | offense in
connection with which the warrant is issued; or | 19 | | contraband, the fruits of
crime, or things otherwise | 20 | | criminally possessed.
| 21 | | (2) Any person who has been kidnaped in violation of | 22 | | the laws of
this State, or who has been kidnaped in another | 23 | | jurisdiction and is now
concealed within this State, or any |
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| 1 | | human fetus or human corpse.
| 2 | | (b) When the things to be seized are the work product of, | 3 | | or used in the
ordinary course of business, and in the | 4 | | possession, custody, or control
of any person known to be | 5 | | engaged in the gathering or dissemination of news
for the print | 6 | | or broadcast media, no judge may issue a search warrant unless
| 7 | | the requirements set forth in subsection (a) are satisfied and | 8 | | there is
probable cause to believe that:
| 9 | | (1) such person has committed or is committing a | 10 | | criminal offense; or
| 11 | | (2) the things to be seized will be destroyed or | 12 | | removed from the State
if the search warrant is not issued.
| 13 | | (c) Upon the written complaint of a person under oath or | 14 | | affirmation which states facts sufficient to show probable | 15 | | cause to install and use a tracking device, a judge may issue a | 16 | | search warrant to install or otherwise activate and use a | 17 | | tracking device. As used in this Section, "tracking device" | 18 | | means an electronic or mechanical device which permits the | 19 | | tracking of the movement of a person or object. A tracking | 20 | | device search warrant must identify the person or property to | 21 | | be tracked, if known, designate the judge to whom it must be | 22 | | returned, and specify a reasonable length of time that the | 23 | | device may be used. The time must not exceed 45 days from the | 24 | | date the tracking device search warrant was issued. The court | 25 | | may, for good cause, grant one or more extensions for a | 26 | | reasonable period not to exceed 45 days each. The warrant may |
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| 1 | | authorize or direct a third party to perform the physical | 2 | | installation of the tracking device or otherwise enable the | 3 | | means by which the movement of the person or property named in | 4 | | the tracking device search warrant may be tracked. The tracking | 5 | | device search warrant must command the officer 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 | | (Source: P.A. 89-377, eff. 8-18-95.)
| 16 | | (725 ILCS 5/108-6) (from Ch. 38, par. 108-6)
| 17 | | Sec. 108-6. Execution of search warrants.
| 18 | | (a) A search The warrant issued under subsection (a) or (b) | 19 | | of Section 108-3 of this Act shall be executed within 96 hours | 20 | | from the time of issuance.
If the warrant is executed the | 21 | | duplicate copy shall be left with any person
from whom any | 22 | | instruments, articles or things are seized or if no person is
| 23 | | available the copy shall be left at the place from which the | 24 | | instruments,
articles or things were seized. Any warrant not | 25 | | executed within such time
shall be void and shall be returned |
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| 1 | | to the court of the judge issuing the
same as "not executed".
| 2 | | (b) A tracking device search warrant issued under | 3 | | subsection (c) of Section 108-3 of this Act shall specify a | 4 | | reasonable length of time that the device may be used. The time | 5 | | must not exceed 45 days from the date the tracking device | 6 | | search warrant was issued. The court may, for good cause, grant | 7 | | one or more extensions for a reasonable period not to exceed 45 | 8 | | days each. The tracking device search warrant shall command the | 9 | | officer to complete, or cause to be completed, the installation | 10 | | authorized by the warrant within a specified time no longer | 11 | | than 10 days from the time of issuance of the tracking device | 12 | | search warrant. The tracking device search warrant authorizes | 13 | | the use of the tracking device within the State of Illinois, | 14 | | and outside the State of Illinois if the tracking device was | 15 | | installed within the State of Illinois or if the interception | 16 | | of the tracking device information is occurring within the | 17 | | State of Illinois. The officer executing a tracking device | 18 | | warrant must enter on it the exact date and time the device was | 19 | | installed or otherwise activated, the identity of the | 20 | | individual or individuals responsible for the device's | 21 | | installation or activation, and the period during which it was | 22 | | used. Within 10 days after the use of the tracking device has | 23 | | ended, the officer executing the warrant must return it to the | 24 | | judge issuing the tracking device search warrant, or before a | 25 | | judge named in the tracking device search warrant or before a | 26 | | court of competent jurisdiction. Within 10 days after the use |
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| 1 | | of the tracking device has ended, the officer executing a | 2 | | tracking device search warrant must serve a copy of the | 3 | | tracking device search warrant on the person who was tracked or | 4 | | whose property was tracked. Service may be accomplished by | 5 | | delivering a copy to the person who, or whose property, was | 6 | | tracked, if known, or by leaving a copy at the person's | 7 | | residence or usual place of abode with an individual of | 8 | | suitable age and discretion who resides at that location and by | 9 | | mailing a copy to the person's last known address. Upon the | 10 | | request of the State, the judge may delay notice. A warrant not | 11 | | executed within that time shall be void and shall be returned | 12 | | to the court of the judge issuing the same as "not executed". | 13 | | (Source: Laws 1963, p. 2836.)
| 14 | | (725 ILCS 5/108-7) (from Ch. 38, par. 108-7)
| 15 | | Sec. 108-7. Command of search warrant.
| 16 | | (a) A search The warrant issued under subsection (a) or (b) | 17 | | of Section 108-3 of this Act shall command the person directed | 18 | | to execute the same to
search the place or person particularly | 19 | | described in the warrant and to
seize the instruments, articles | 20 | | or things particularly described in the
warrant.
| 21 | | (b) A tracking device search warrant issued under | 22 | | subsection (c) of Section 108-3 of this Act shall command the | 23 | | person directed to execute the warrant to: | 24 | | (1) complete or cause to be completed the installation | 25 | | authorized by the warrant within a specified time no longer |
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| 1 | | than 10 days from the date of issuance of the tracking | 2 | | device search warrant; | 3 | | (2) perform or cause to be performed the installation | 4 | | authorized by the court at any time of any day or night; | 5 | | and | 6 | | (3) return the warrant to the judge designated in the | 7 | | warrant. | 8 | | (c) The tracking device search warrant may authorize the | 9 | | removal of the tracking device after the use of the tracking | 10 | | device has ended from any public place where the tracking | 11 | | device may be located. | 12 | | (Source: Laws 1963, p. 2836.)
| 13 | | (725 ILCS 5/108-10) (from Ch. 38, par. 108-10)
| 14 | | Sec. 108-10. Return to court of things seized or data | 15 | | collected .
| 16 | | (a) Except as provided in subsection (b), a A return of all | 17 | | instruments, articles or things seized shall be made
without | 18 | | unnecessary delay before the judge issuing the warrant or | 19 | | before
any judge named in the search warrant or before any | 20 | | court of competent
jurisdiction. An inventory of any | 21 | | instruments, articles or things seized
shall be filed with the | 22 | | return and signed under oath by the officer or
person executing | 23 | | the warrant. The judge shall upon request deliver a copy
of the | 24 | | inventory to the person from whom or from whose premises the
| 25 | | instruments, articles or things were taken and to the applicant |
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| 1 | | for the
warrant.
| 2 | | (b) Within 10 days after the use of the tracking device has | 3 | | ended, the officer executing the tracking device search warrant | 4 | | must return it to the judge issuing the tracking device search | 5 | | warrant, or before a judge named in the tracking device search | 6 | | warrant or before a court of competent jurisdiction. The return | 7 | | may take the form of a printout, or electronic copy, of the | 8 | | electronic tracking device data. | 9 | | (Source: Laws 1963, p. 2836.)
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