Bill Text: IL SB0171 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that before issuing a search warrant, the judge may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his or her affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavit. Provides that before issuing the warrant, the judge may also examine any other sworn affidavit submitted to him or her which sets forth facts tending to establish probable cause for the issuance of the warrant. Provides that the affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing the grounds exist. Provides that in lieu of, or in addition to, a written affidavit, or affidavits, the judge may take an oral statement under oath which shall be recorded on tape or other comparable method. Provides that the statement may be given in person to the judge or by telephone, radio, or other means of electronic communication. Provides that the statement is deemed to be an affidavit for the purposes of issuance of a search warrant. Provides that if a recording of the sworn statement is made, the statement shall be transcribed at the request of the judge or either party and certified by the judge and filed with the court. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-08 - Rule 19(a) / Re-referred to Rules Committee [SB0171 Detail]

Download: Illinois-2009-SB0171-Engrossed.html

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SB0171 Engrossed LRB096 06321 RLC 16404 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
is then sitting and 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 any such warrant shall have the same
validity as a written search warrant.
(b) (Blank). 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

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Criminal Code of 1961, 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 1961, 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

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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

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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) (1) Before issuing a warrant, the judge may examine on
oath the person or persons seeking the warrant, and any
witnesses produced, and must take his or her affidavit, or
their affidavits, in writing and cause the affidavit to be
subscribed by the party or parties making the affidavit. Before
issuing the warrant, the judge may also examine any other sworn
affidavit submitted to him or her which sets forth facts
tending to establish probable cause for the issuance of the
warrant.
(2) The affidavit or affidavits must set forth the facts
tending to establish the grounds of the application, or
probable cause for believing the grounds exist.
(3) In lieu of, or in addition to, a written affidavit, or
affidavits, as provided in paragraph (1) of this subsection
(c), the judge may take an oral statement under oath which
shall be recorded on tape or other comparable method. This

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statement may be given in person to the judge or by telephone,
radio, or other means of electronic communication. This
statement is deemed to be an affidavit for the purposes of
issuance of a search warrant. If a recording of the sworn
statement is made, the statement shall be transcribed at the
request of the judge or either party and certified by the judge
and filed with the court.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.