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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB0888enr HB0888 Enrolled LRB9202947RCcs 1 AN ACT in relation to 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 108A-1 and 108A-5 as follows: 6 (725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1) 7 Sec. 108A-1. Authorization for use of eavesdropping 8 device. The State's Attorney or an Assistant State's 9 Attorney authorized by the State's Attorney may authorize an 10 application to a circuit judge or an associate judge assigned 11 by the Chief Judge of the circuit for, and such judge may 12 grant in conformity with this Article, an order authorizing 13 or approving the use of an eavesdropping device by a law 14 enforcement officer or agency having the responsibility for 15 the investigation of any felony under Illinois law where any 16 one party to a conversation to be monitored, or previously 17 monitored in the case of an emergency situation as defined in 18 this Article, has consented to such monitoring. 19 The Chief Judge of the circuit may assign to associate 20 judges the power to issue orders authorizing or approving the 21 use of eavesdropping devices by law enforcement officers or 22 agencies in accordance with this Article. After assignment by 23 the Chief Judge, an associate judge shall have plenary 24 authority to issue such orders without additional 25 authorization for each specific application made to him by 26 the State's Attorney until such time as the associate judge's 27 power is rescinded by the Chief Judge. 28 (Source: P.A. 86-391.) 29 (725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5) 30 Sec. 108A-5. Orders Authorizing Use of an Eavesdropping HB0888 Enrolled -2- LRB9202947RCcs 1 Device. 2 (a) Each order authorizing or approving the use of an 3 eavesdropping device shall specify: 4 (1) the identity of the person who has consented to the 5 use of the device to monitor any of his conversations and a 6 requirement that any conversation overheard or received must 7 include this person; 8 (2) the identity of the other person or persons, if 9 known, who will participate in the conversation; 10 (3) the period of time in which the use of the device is 11 authorized, including a statement as to whether or not the 12 use shall automatically terminate when the described 13 conversations have been first obtained. 14 (b) No order entered under this section may authorize or 15 approve the use of any eavesdropping device for any period 16 longer than 3010days. An initial or a subsequent 17 extension, in no case for more than 3010days each, of an 18 order may be granted but only upon application made in 19 accordance with Section 108A-3 and where the court makes the 20 findings required in Section 108A-4. 21 (Source: P.A. 79-1159.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.