Full Text of HB4594 98th General Assembly
HB4594enr 98TH 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 Section 108-4 as follows:
| 6 | | (725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
| 7 | | Sec. 108-4. Issuance of search warrant.
| 8 | | (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 | | or she is then sitting and these such warrants
need not bear | 12 | | the seal of the court or clerk thereof. The complaint on
which | 13 | | the warrant is issued need not be filed with the clerk of the | 14 | | court
nor with the court if there is no clerk until the warrant | 15 | | has been executed
or has been returned "not executed".
| 16 | | The search warrant upon written complaint may be issued | 17 | | electronically or
electromagnetically
by use of a facsimile | 18 | | transmission machine and this any such warrant shall have
the | 19 | | same validity as a written search warrant.
| 20 | | (b) Warrant upon oral testimony.
| 21 | | (1) General rule. When the offense in connection with
| 22 | | which a search warrant is sought constitutes terrorism or | 23 | | any related offense
as defined in Article 29D of the |
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| 1 | | Criminal Code of 2012, 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.
| 6 | | (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,
| 10 | | 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.
| 13 | | (3) Issuance. If the judge is satisfied that the
| 14 | | 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 2012, 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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| 1 | | based on the same kind of
evidence as is sufficient for a | 2 | | warrant upon affidavit.
| 3 | | (4) Recording and certification of testimony. When a
| 4 | | 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
| 8 | | 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.
| 19 | | (5) Contents. The contents of a warrant upon oral
| 20 | | testimony shall be the same as the contents of a warrant | 21 | | upon affidavit.
| 22 | | (6) Additional rule for execution. The person who
| 23 | | executes the warrant shall enter the exact time of | 24 | | execution on the face of the
duplicate original warrant.
| 25 | | (7) Motion to suppress based on failure to obtain a | 26 | | written affidavit.
Evidence obtained pursuant to a warrant |
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| 1 | | issued under this subsection (b) is not
subject to a motion | 2 | | to suppress on the ground that the circumstances were not
| 3 | | 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.
| 6 | | (8) This subsection (b) is inoperative on and after | 7 | | January 1, 2005.
| 8 | | (9) No evidence obtained pursuant to this subsection | 9 | | (b) shall be
inadmissible in a court of law by virtue of | 10 | | subdivision (8).
| 11 | | (c) Warrant upon testimony by simultaneous video and audio | 12 | | transmission. | 13 | | (1) General rule. When a search warrant is sought and | 14 | | the request is made by electronic means that has a | 15 | | simultaneous video and audio transmission between the | 16 | | requestor and a judge, the judge may issue a search warrant | 17 | | based upon sworn testimony communicated in the | 18 | | transmission. | 19 | | (2) Application. The requestor shall prepare a | 20 | | document to be known as a duplicate original warrant, and | 21 | | (A) if circumstances allow, the requestor shall | 22 | | transmit a copy of the warrant together with a | 23 | | complaint for search warrant to the judge by facsimile, | 24 | | email, or other reliable electronic means; or | 25 | | (B) if circumstances make transmission under | 26 | | subparagraph (A) of this paragraph (2) impracticable, |
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| 1 | | the requestor shall read the duplicate original | 2 | | warrant, verbatim, to the judge after being
placed | 3 | | under oath as provided in paragraph (4) of this | 4 | | subsection (c). The judge shall enter, verbatim, what | 5 | | is so read to the judge on a document in the judge's | 6 | | possession. | 7 | | Under both subparagraphs (A) and (B), the document in | 8 | | possession of the judge shall be known as the original | 9 | | warrant. The judge may direct that the warrant be modified. | 10 | | (3) Issuance. If the judge is satisfied that grounds | 11 | | for the application exist or that there is probable cause | 12 | | to believe that grounds exist, the judge shall order the | 13 | | issuance of a warrant by directing the requestor to sign | 14 | | the judge's name on the duplicate original warrant, place | 15 | | the requestor's initials below the judge's name, and enter | 16 | | on the face of the duplicate original warrant the exact | 17 | | date and time when the warrant was ordered to be issued. | 18 | | The judge shall immediately sign the original warrant and | 19 | | enter on the face of the original warrant the exact date | 20 | | and time when the warrant was ordered to be issued. The | 21 | | finding of probable cause for a warrant under this | 22 | | subsection (c) may be based on the same kind of evidence as | 23 | | is sufficient for a warrant under subsection (a). | 24 | | (4) Recording and certification of testimony. When a | 25 | | requestor initiates a request for search warrant under this | 26 | | subsection (c), and after the requestor informs the judge |
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| 1 | | that the purpose of the communication is to request a | 2 | | warrant, the judge shall place under oath each person whose | 3 | | testimony forms a basis of the application and each person | 4 | | applying for that warrant. A record of the facts upon which | 5 | | the judge based his or her decision to issue a warrant must | 6 | | be made and filed with the court, together with the | 7 | | original warrant. | 8 | | (A) When the requestor has provided the judge with | 9 | | a written complaint for search warrant under | 10 | | subparagraph (A) of paragraph (2) of this subsection | 11 | | (c) and the judge has sworn the complainant to the | 12 | | facts contained in the complaint for search warrant but | 13 | | has taken no other oral testimony from any person that | 14 | | is essential to establishing probable cause, the judge | 15 | | must acknowledge the attestation in writing on the | 16 | | complaint and file this acknowledged complaint with | 17 | | the court. | 18 | | (B) When the requestor has not provided the judge | 19 | | with a written complaint for search warrant, or when | 20 | | the judge has taken oral testimony essential to | 21 | | establishing probable cause not contained in the | 22 | | written complaint for search warrant, the essential | 23 | | facts in the oral testimony that form the basis of the | 24 | | judge's decision to issue the warrant shall be included | 25 | | in the record together with the written complaint, if | 26 | | any. If a recording device is used or a stenographic |
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| 1 | | record is made, the judge shall have the record | 2 | | transcribed, shall certify the accuracy of the | 3 | | transcription, and shall file a copy of the original | 4 | | record and the transcription with the court. If a | 5 | | longhand record is made, the judge shall file a signed | 6 | | copy with the court. | 7 | | The material to be filed need not be filed until the | 8 | | warrant has been executed or has been returned "not | 9 | | executed". | 10 | | (5) Contents. The contents of a warrant under this | 11 | | subsection (c) shall be the same as the contents of a | 12 | | warrant upon affidavit. A warrant under this subsection is | 13 | | a warrant of the judge issuing the same and not the warrant | 14 | | of the court in which he or she is then sitting and these | 15 | | warrants need not bear the seal of the court or the clerk | 16 | | of the court. | 17 | | (6) Additional rule for execution. The person who | 18 | | executes the warrant shall enter the exact time of | 19 | | execution on the face of the duplicate original warrant. | 20 | | (7) Motion to suppress based on failure to obtain a | 21 | | written affidavit. Evidence obtained under a warrant | 22 | | issued under this subsection (c) is not subject to a motion | 23 | | to suppress on the ground that the circumstances were not | 24 | | such as to make it reasonable to dispense with a written | 25 | | affidavit, absent a finding of bad faith. All other grounds | 26 | | to move to suppress are preserved. |
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| 1 | | (d) The Chief Judge of the circuit court or presiding judge | 2 | | in the issuing jurisdiction shall, by local rule, create a | 3 | | standard practice for the filing or other retention of | 4 | | documents or recordings produced under this Section. | 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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