(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) Sec. 108B-3. Authorization for the interception of private
communication. (a) The State's Attorney, or a person
designated in writing or
by law to act for him and to perform his duties during his absence or
disability, may authorize, in writing, an ex parte application to the chief
judge of a court of competent jurisdiction for an order authorizing the
interception of a private communication when no
party has consented to
the interception and (i) the interception may provide evidence of, or may
assist in the apprehension of a person who has committed, is committing or
is about to commit, a violation of Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation of murder for hire), 9-1 (first degree murder), 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons), paragraph (1), (2), or (3) of subsection (a) of Section 11-14.4 (promoting juvenile prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a minor engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a minor engaged in prostitution), 11-19.1 (juvenile pimping and aggravated juvenile pimping), or 29B-1
(money laundering) of the Criminal Code of 1961 or the Criminal Code of 2012,
Section 401, 401.1 (controlled substance
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of the Illinois
Controlled Substances Act or any Section of the Methamphetamine Control and Community Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of 2012
or conspiracy to commit money laundering or
conspiracy to commit first degree murder; (ii)
in response to a clear and present danger of imminent death or great bodily
harm to persons resulting from: (1) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of force; or (2) the
occupation by force or the threat of the imminent use of force of any
premises, place, vehicle, vessel or aircraft; (iii) to aid an investigation
or prosecution of a civil action brought under the Illinois Streetgang
Terrorism Omnibus Prevention Act when there is probable cause to
believe the
interception of the private communication will
provide evidence that a
streetgang is committing, has committed, or will commit a second or subsequent
gang-related offense or that the interception of the private
communication
will aid in the collection of a judgment entered under that Act; or (iv)
upon
information and belief that a streetgang has committed, is committing, or is
about to commit a felony. (b) The State's Attorney or a person designated in writing or by law to
act for the State's Attorney and to perform his or her duties during his or her
absence or disability, may authorize, in writing, an ex parte application to
the chief judge of a circuit court for an order authorizing
the interception of a private communication when no
party has consented to the interception and the interception may provide
evidence of, or may assist in the apprehension of a person who has committed,
is committing or is about to commit, a violation of an offense under Article
29D of the Criminal Code of 1961 or the Criminal Code of 2012. (b-1) Subsection (b) is inoperative on and after January 1, 2005. (b-2) No conversations recorded or monitored pursuant to subsection (b)
shall be made inadmissible in a court of law by virtue of subsection (b-1). (c) As used in this Section, "streetgang" and "gang-related" have the
meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) |