Public Act 098-0905
 
HB4594 EnrolledLRB098 16439 MRW 51504 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 108-4 as follows:
 



    (725 ILCS 5/108-4)  (from Ch. 38, par. 108-4)



    Sec. 108-4. Issuance of search warrant. 

    (a) All warrants upon written complaint shall state the 
time
and date of issuance and be the warrants of the judge 
issuing the same and
not the warrants of the court in which he 
or she is then sitting and these such warrants
need not bear 
the seal of the court or clerk thereof. The complaint on
which 
the warrant is issued need not be filed with the clerk of the 
court
nor with the court if there is no clerk until the warrant 
has been executed
or has been returned "not executed".

    The search warrant upon written complaint may be issued 
electronically or
electromagnetically
by use of a facsimile 
transmission machine and this any such warrant shall have
the 
same validity as a written search warrant.

    (b) Warrant upon oral testimony.


        (1) General rule. When the offense in connection with

    which a search warrant is sought constitutes terrorism or 
    any related offense
as defined in Article 29D of the 
    Criminal Code of 2012, and if the
circumstances make it 
    reasonable to dispense, in whole or in part, with a
written 
    affidavit, a judge may issue a warrant based upon sworn 
    testimony
communicated by telephone or other appropriate 
    means, including facsimile
transmission.


        (2) Application. The person who is requesting the 
    warrant shall prepare a
document to be known as a duplicate 
    original warrant and shall read such
duplicate original 
    warrant, verbatim, to the judge. The judge shall enter,

    verbatim, what is so read to the judge on a document to be 
    known
as the original warrant. The judge may direct that 
    the warrant be modified.


        (3) Issuance. If the judge is satisfied that the

    offense in connection with which the search warrant is 
    sought constitutes
terrorism or any related offense as 
    defined in Article 29D of the Criminal Code
of 2012, that 
    the circumstances are such as to make it reasonable to 
    dispense
with a written affidavit, and that grounds for the 
    application exist or that
there is probable cause to 
    believe that they exist, the judge shall order the
issuance 
    of a warrant by directing the person requesting the warrant 
    to sign
the judge's name on the duplicate original warrant. 
    The judge shall immediately
sign the original warrant and 
    enter on the face of the original warrant the
exact time 
    when the warrant was ordered to be issued. The finding of 
    probable
cause for a warrant upon oral testimony may be 
    based on the same kind of
evidence as is sufficient for a 
    warrant upon affidavit.


        (4) Recording and certification of testimony. When a

    caller informs the judge that the purpose of the call is to 
    request a warrant,
the judge shall immediately place under 
    oath each person whose testimony forms
a basis of the 
    application and each person applying for that warrant. If a

    voice recording device is available, the judge shall record 
    by means of the
device all of the call after the caller 
    informs the judge that the purpose of
the call is to 
    request a warrant, otherwise a stenographic or longhand 
    verbatim
record shall be made. If a voice recording device 
    is used or a stenographic
record made, the judge shall have 
    the record transcribed, shall certify the
accuracy of the 
    transcription, and shall file a copy of the original record 
    and
the transcription with the court. If a longhand 
    verbatim record is made, the
judge shall file a signed copy 
    with the court.


        (5) Contents. The contents of a warrant upon oral

    testimony shall be the same as the contents of a warrant 
    upon affidavit.


        (6) Additional rule for execution. The person who

    executes the warrant shall enter the exact time of 
    execution on the face of the
duplicate original warrant.


        (7) Motion to suppress based on failure to obtain a 
    written affidavit.
Evidence obtained pursuant to a warrant 
    issued under this subsection (b) is not
subject to a motion 
    to suppress on the ground that the circumstances were not

    such as to make it reasonable to dispense with a written 
    affidavit, absent a
finding of bad faith. All other grounds 
    to move to suppress are preserved.


        (8) This subsection (b) is inoperative on and after 
    January 1, 2005.


        (9) No evidence obtained pursuant to this subsection 
    (b) shall be
inadmissible in a court of law  by virtue of 
    subdivision (8).

    (c) Warrant upon testimony by simultaneous video and audio 
transmission.
        (1) General rule. When a search warrant is sought and 
    the request is made by electronic means that has a 
    simultaneous video and audio transmission between the 
    requestor and a judge, the judge may issue a search warrant 
    based upon sworn testimony communicated in the 
    transmission.
        (2) Application.  The requestor shall prepare a 
    document to be known as a duplicate original warrant, and
            (A) if circumstances allow, the requestor shall 
        transmit a copy of the warrant together with a 
        complaint for search warrant to the judge by facsimile, 
        email, or other reliable electronic means; or
            (B) if circumstances make transmission under 
        subparagraph (A)  of this paragraph (2) impracticable, 
        the requestor shall read the duplicate original 
        warrant, verbatim, to the judge after being
placed 
        under oath as provided in paragraph (4) of this 
        subsection (c). The judge shall enter, verbatim, what 
        is so read to the judge on a document in the judge's 
        possession.
    Under both subparagraphs (A) and (B), the document in 
    possession of the judge shall be known as the original 
    warrant. The judge may direct that the warrant be modified.
        (3) Issuance. If the judge is satisfied that grounds 
    for the application exist or that there is probable cause 
    to believe that grounds exist, the judge shall order the 
    issuance of a warrant by directing the requestor to sign 
    the judge's name on the duplicate original warrant, place 
    the requestor's initials below the judge's name, and enter 
    on the face of the duplicate original warrant the exact 
    date and time when the warrant was ordered  to be issued. 
    The judge shall immediately sign the original warrant and 
    enter on the face of the original warrant the exact date 
    and time when the warrant was ordered to be issued. The 
    finding of probable cause for a warrant under this 
    subsection (c) may be based on the same kind of evidence as 
    is sufficient for a warrant under subsection (a).
        (4) Recording and certification of testimony. When a 
    requestor initiates a request for search warrant under this 
    subsection (c), and after the requestor informs the judge 
    that the purpose of the communication is to request a 
    warrant, the judge shall place under oath each person whose 
    testimony forms a basis of the application and each person 
    applying for that warrant. A record of the facts upon which 
    the judge based his or her decision to issue a warrant must 
    be made and filed with the court, together with the 
    original warrant.
            (A) When the requestor has provided the judge with 
        a written complaint for search warrant under 
        subparagraph (A) of paragraph (2) of this subsection 
        (c) and the judge has sworn the complainant to the 
        facts contained in the complaint for search warrant but 
        has taken no other oral testimony from any person that 
        is essential to establishing probable cause, the judge 
        must acknowledge the attestation in writing on the 
        complaint and file this acknowledged complaint with 
        the court.
            (B) When the requestor has not provided the judge 
        with a written complaint for search warrant, or when 
        the judge has taken oral testimony essential to 
        establishing probable cause not contained in the 
        written complaint for search warrant, the essential 
        facts in the oral testimony that form the basis of the 
        judge's decision to issue the warrant shall be included 
        in the record together with the written complaint, if 
        any. If a recording device is used or a stenographic 
        record is made, the judge shall have the record 
        transcribed, shall certify the accuracy of the 
        transcription, and shall file a copy of the original 
        record and the transcription with the court. If a 
        longhand record is made, the judge shall file a signed 
        copy with the court.
    The material to be filed need not be filed until the 
    warrant has been executed or has been returned "not 
    executed".
        (5) Contents. The contents of a warrant under this 
    subsection (c) shall be the same as the contents of a 
    warrant upon affidavit. A warrant under this subsection is 
    a warrant of the judge issuing the same and not the warrant 
    of the court in which he or she is then sitting and these 
    warrants need not bear the seal of the court or the clerk 
    of the court.
        (6) Additional rule for execution. The person who 
    executes the warrant shall enter the exact time of 
    execution on the face of the duplicate original warrant.
        (7) Motion to suppress based on failure to obtain a 
    written affidavit. Evidence obtained under a warrant 
    issued under this subsection (c) is not subject to a motion 
    to suppress on the ground that the circumstances were not 
    such as to make it reasonable to dispense with a written 
    affidavit, absent a finding of bad faith. All other grounds 
    to move to suppress are preserved.
    (d) The Chief Judge of the circuit court or presiding judge 
in the issuing jurisdiction shall, by local rule, create a 
standard practice for the filing or other retention of 
documents or recordings produced under  this Section. 
(Source: P.A. 97-1150, eff. 1-25-13.)



Effective Date:  1/1/2015