Bill Text: IL SB1754 | 2025-2026 | 104th General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-05 - Referred to Assignments [SB1754 Detail]

Download: Illinois-2025-SB1754-Introduced.html

---

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1754 Introduced 2/5/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
720 ILCS 5/1-6 from Ch. 38, par. 1-6
720 ILCS 5/14-3
725 ILCS 5/108A-1 from Ch. 38, par. 108A-1
725 ILCS 5/108A-3 from Ch. 38, par. 108A-3
725 ILCS 5/108A-6 from Ch. 38, par. 108A-6
725 ILCS 5/108A-11 from Ch. 38, par. 108A-11
725 ILCS 215/2 from Ch. 38, par. 1702
725 ILCS 215/3 from Ch. 38, par. 1703
725 ILCS 215/4 from Ch. 38, par. 1704
Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.
LRB104 08085 RLC 18131 b
A BILL FOR
SB1754 LRB104 08085 RLC 18131 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 Criminal Code of 2012 is amended by
changing Sections 1-6 and 14-3 as follows:
(720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
Sec. 1-6. Place of trial.
(a) Generally.
Criminal actions shall be tried in the county where the
offense was committed, except as otherwise provided by law.
The State is not required to prove during trial that the
alleged offense occurred in any particular county in this
State. When a defendant contests the place of trial under this
Section, all proceedings regarding this issue shall be
conducted under Section 114-1 of the Code of Criminal
Procedure of 1963. All objections of improper place of trial
are waived by a defendant unless made before trial.
(b) Assailant and Victim in Different Counties.
If a person committing an offense upon the person of
another is located in one county and his victim is located in
another county at the time of the commission of the offense,
trial may be had in either of said counties.
(c) Death and Cause of Death in Different Places or

SB1754 - 2 - LRB104 08085 RLC 18131 b
Undetermined.
If cause of death is inflicted in one county and death
ensues in another county, the offender may be tried in either
county. If neither the county in which the cause of death was
inflicted nor the county in which death ensued are known
before trial, the offender may be tried in the county where the
body was found.
(d) Offense Commenced Outside the State.
If the commission of an offense commenced outside the
State is consummated within this State, the offender shall be
tried in the county where the offense is consummated.
(e) Offenses Committed in Bordering Navigable Waters.
If an offense is committed on any of the navigable waters
bordering on this State, the offender may be tried in any
county adjacent to such navigable water.
(f) Offenses Committed while in Transit.
If an offense is committed upon any railroad car, vehicle,
watercraft or aircraft passing within this State, and it
cannot readily be determined in which county the offense was
committed, the offender may be tried in any county through
which such railroad car, vehicle, watercraft or aircraft has
passed.
(g) Theft.
A person who commits theft of property may be tried in any
county in which he exerted control over such property.
(h) Bigamy.

SB1754 - 3 - LRB104 08085 RLC 18131 b
A person who commits the offense of bigamy may be tried in
any county where the bigamous marriage or bigamous
cohabitation has occurred.
(i) Kidnaping.
A person who commits the offense of kidnaping may be tried
in any county in which his victim has traveled or has been
confined during the course of the offense.
(j) Pandering.
A person who commits the offense of pandering as set forth
in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may
be tried in any county in which the prostitution was practiced
or in any county in which any act in furtherance of the offense
shall have been committed.
(k) Treason.
A person who commits the offense of treason may be tried in
any county.
(l) Criminal Defamation.
If criminal defamation is spoken, printed or written in
one county and is received or circulated in another or other
counties, the offender shall be tried in the county where the
defamation is spoken, printed or written. If the defamation is
spoken, printed or written outside this state, or the offender
resides outside this state, the offender may be tried in any
county in this state in which the defamation was circulated or
received.
(m) Inchoate Offenses.

SB1754 - 4 - LRB104 08085 RLC 18131 b
A person who commits an inchoate offense may be tried in
any county in which any act which is an element of the offense,
including the agreement in conspiracy, is committed.
(n) Accountability for Conduct of Another.
Where a person in one county solicits, aids, abets,
agrees, or attempts to aid another in the planning or
commission of an offense in another county, he may be tried for
the offense in either county.
(o) Child Abduction.
A person who commits the offense of child abduction may be
tried in any county in which his victim has traveled, been
detained, concealed or removed to during the course of the
offense. Notwithstanding the foregoing, unless for good cause
shown, the preferred place of trial shall be the county of the
residence of the lawful custodian.
(p) A person who commits the offense of narcotics
racketeering may be tried in any county where cannabis or a
controlled substance which is the basis for the charge of
narcotics racketeering was used; acquired; transferred or
distributed to, from or through; or any county where any act
was performed to further the use; acquisition, transfer or
distribution of said cannabis or controlled substance; any
money, property, property interest, or any other asset
generated by narcotics activities was acquired, used, sold,
transferred or distributed to, from or through; or, any
enterprise interest obtained as a result of narcotics

SB1754 - 5 - LRB104 08085 RLC 18131 b
racketeering was acquired, used, transferred or distributed
to, from or through, or where any activity was conducted by the
enterprise or any conduct to further the interests of such an
enterprise.
(q) A person who commits the offense of money laundering
may be tried in any county where any part of a financial
transaction in criminally derived property took place or in
any county where any money or monetary instrument which is the
basis for the offense was acquired, used, sold, transferred or
distributed to, from or through.
(r) A person who commits the offense of cannabis
trafficking, methamphetamine trafficking, or controlled
substance trafficking may be tried in any county.
(s) A person who commits the offense of online sale of
stolen property, online theft by deception, or electronic
fencing may be tried in any county where any one or more
elements of the offense took place, regardless of whether the
element of the offense was the result of acts by the accused,
the victim or by another person, and regardless of whether the
defendant was ever physically present within the boundaries of
the county.
(t) A person who commits the offense of identity theft or
aggravated identity theft may be tried in any one of the
following counties in which: (1) the offense occurred; (2) the
information used to commit the offense was illegally used; or
(3) the victim resides.

SB1754 - 6 - LRB104 08085 RLC 18131 b
(u) A person who commits the offense of financial
exploitation of an elderly person or a person with a
disability may be tried in any one of the following counties in
which: (1) any part of the offense occurred; or (2) the victim
or one of the victims reside.
If a person is charged with more than one violation of
identity theft or aggravated identity theft and those
violations may be tried in more than one county, any of those
counties is a proper venue for all of the violations.
(Source: P.A. 101-394, eff. 1-1-20.)
(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless electronic
communications, and television communications of any sort
where the same are publicly made;
(b) Hearing conversation when heard by employees of
any common carrier by wire incidental to the normal course
of their employment in the operation, maintenance or
repair of the equipment of such common carrier by wire so
long as no information obtained thereby is used or
divulged by the hearer;
(c) Any broadcast by radio, television or otherwise
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in

SB1754 - 7 - LRB104 08085 RLC 18131 b
attendance and the conversations are overheard incidental
to the main purpose for which such broadcasts are then
being made;
(d) Recording or listening with the aid of any device
to any emergency communication made in the normal course
of operations by any federal, state or local law
enforcement agency or institutions dealing in emergency
services, including, but not limited to, hospitals,
clinics, ambulance services, fire fighting agencies, any
public utility, emergency repair facility, civilian
defense establishment or military installation;
(e) Recording the proceedings of any meeting required
to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must
be destroyed, erased or turned over to local law
enforcement authorities within 24 hours from the time of
such recording and shall not be otherwise disseminated.
Failure on the part of the individual or business
operating any such recording or listening device to comply
with the requirements of this subsection shall eliminate
any civil or criminal immunity conferred upon that
individual or business by the operation of this Section;
(g) With prior notification to the Attorney General or

SB1754 - 8 - LRB104 08085 RLC 18131 b
the State's Attorney of the county in which it is to occur,
recording or listening with the aid of any device to any
conversation where a law enforcement officer, or any
person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded under circumstances where the use
of the device is necessary for the protection of the law
enforcement officer or any person acting at the direction
of law enforcement, in the course of an investigation of a
forcible felony, a felony offense of involuntary
servitude, involuntary sexual servitude of a minor, or
trafficking in persons under Section 10-9 of this Code, an
offense involving prostitution, solicitation of a sexual
act, or pandering, a felony violation of the Illinois
Controlled Substances Act, a felony violation of the
Cannabis Control Act, a felony violation of the
Methamphetamine Control and Community Protection Act, any
"streetgang related" or "gang-related" felony as those
terms are defined in the Illinois Streetgang Terrorism
Omnibus Prevention Act, or any felony offense involving
any weapon listed in paragraphs (1) through (11) of
subsection (a) of Section 24-1 of this Code. Any recording
or evidence derived as the result of this exemption shall
be inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the
conversation suffers great bodily injury or is killed

SB1754 - 9 - LRB104 08085 RLC 18131 b
during such conversation, or (ii) when used as direct
impeachment of a witness concerning matters contained in
the interception or recording. The Director of the
Illinois State Police shall issue regulations as are
necessary concerning the use of devices, retention of tape
recordings, and reports regarding their use;
(g-5) (Blank);
(g-6) With approval of the Attorney General or the
State's Attorney of the county in which it is to occur,
recording or listening with the aid of any device to any
conversation where a law enforcement officer, or any
person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation
of child pornography, aggravated child pornography,
indecent solicitation of a child, luring of a minor,
sexual exploitation of a child, aggravated criminal sexual
abuse in which the victim of the offense was at the time of
the commission of the offense under 18 years of age, or
criminal sexual abuse by force or threat of force in which
the victim of the offense was at the time of the commission
of the offense under 18 years of age. In all such cases, an
application for an order approving the previous or
continuing use of an eavesdropping device must be made
within 48 hours of the commencement of such use. In the
absence of such an order, or upon its denial, any

SB1754 - 10 - LRB104 08085 RLC 18131 b
continuing use shall immediately terminate. The Director
of the Illinois State Police shall issue rules as are
necessary concerning the use of devices, retention of
recordings, and reports regarding their use. Any recording
or evidence obtained or derived in the course of an
investigation of child pornography, aggravated child
pornography, indecent solicitation of a child, luring of a
minor, sexual exploitation of a child, aggravated criminal
sexual abuse in which the victim of the offense was at the
time of the commission of the offense under 18 years of
age, or criminal sexual abuse by force or threat of force
in which the victim of the offense was at the time of the
commission of the offense under 18 years of age shall,
upon motion of the State's Attorney or Attorney General
prosecuting any case involving child pornography,
aggravated child pornography, indecent solicitation of a
child, luring of a minor, sexual exploitation of a child,
aggravated criminal sexual abuse in which the victim of
the offense was at the time of the commission of the
offense under 18 years of age, or criminal sexual abuse by
force or threat of force in which the victim of the offense
was at the time of the commission of the offense under 18
years of age be reviewed in camera with notice to all
parties present by the court presiding over the criminal
case, and, if ruled by the court to be relevant and
otherwise admissible, it shall be admissible at the trial

SB1754 - 11 - LRB104 08085 RLC 18131 b
of the criminal case. Absent such a ruling, any such
recording or evidence shall not be admissible at the trial
of the criminal case;
(h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation
between a uniformed peace officer, who has identified his
or her office, and a person in the presence of the peace
officer whenever (i) an officer assigned a patrol vehicle
is conducting an enforcement stop; or (ii) patrol vehicle
emergency lights are activated or would otherwise be
activated if not for the need to conceal the presence of
law enforcement.
For the purposes of this subsection (h), "enforcement
stop" means an action by a law enforcement officer in
relation to enforcement and investigation duties,
including but not limited to, traffic stops, pedestrian
stops, abandoned vehicle contacts, motorist assists,
commercial motor vehicle stops, roadside safety checks,
requests for identification, or responses to requests for
emergency assistance;
(h-5) Recordings of utterances made by a person while
in the presence of a uniformed peace officer and while an
occupant of a police vehicle including, but not limited
to, (i) recordings made simultaneously with the use of an
in-car video camera and (ii) recordings made in the
presence of the peace officer utilizing video or audio

SB1754 - 12 - LRB104 08085 RLC 18131 b
systems, or both, authorized by the law enforcement
agency;
(h-10) Recordings made simultaneously with a video
camera recording during the use of a taser or similar
weapon or device by a peace officer if the weapon or device
is equipped with such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency
that employs the peace officer who made the recordings for
a storage period of 90 days, unless the recordings are
made as a part of an arrest or the recordings are deemed
evidence in any criminal, civil, or administrative
proceeding and then the recordings must only be destroyed
upon a final disposition and an order from the court.
Under no circumstances shall any recording be altered or
erased prior to the expiration of the designated storage
period. Upon completion of the storage period, the
recording medium may be erased and reissued for
operational use;
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or
agent of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another
party to the conversation is committing, is about to
commit, or has committed a criminal offense against the
person or a member of his or her immediate household, and

SB1754 - 13 - LRB104 08085 RLC 18131 b
there is reason to believe that evidence of the criminal
offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or
other business entity engaged in telephone solicitation,
as defined in this subsection, to record or listen to oral
telephone solicitation conversations or marketing or
opinion research conversations by an employee of the
corporation or other business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion
research or telephone solicitation, the education or
training of employees or contractors engaged in
marketing or opinion research or telephone
solicitation, or internal research related to
marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the
marketing or opinion research conversation or
telephone solicitation conversation being monitored.
No communication or conversation or any part, portion,
or aspect of the communication or conversation made,
acquired, or obtained, directly or indirectly, under this
exemption (j), may be, directly or indirectly, furnished

SB1754 - 14 - LRB104 08085 RLC 18131 b
to any law enforcement officer, agency, or official for
any purpose or used in any inquiry or investigation, or
used, directly or indirectly, in any administrative,
judicial, or other proceeding, or divulged to any third
party.
When recording or listening authorized by this
subsection (j) on telephone lines used for marketing or
opinion research or telephone solicitation purposes
results in recording or listening to a conversation that
does not relate to marketing or opinion research or
telephone solicitation; the person recording or listening
shall, immediately upon determining that the conversation
does not relate to marketing or opinion research or
telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with
notice that the monitoring or recordings may occur during
the course of their employment. The notice shall include
prominent signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines which may be pay telephones,

SB1754 - 15 - LRB104 08085 RLC 18131 b
that are not subject to telephone monitoring or telephone
recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services;
or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer
engaged by a corporation or other business entity whose
principal business is the design, conduct, and analysis of
polls and surveys measuring the opinions, attitudes, and
responses of respondents toward products and services, or
social or political issues, or both;
(k) Electronic recordings, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of a custodial interrogation of
an individual at a police station or other place of
detention by a law enforcement officer under Section
5-401.5 of the Juvenile Court Act of 1987 or Section

SB1754 - 16 - LRB104 08085 RLC 18131 b
103-2.1 of the Code of Criminal Procedure of 1963;
(l) Recording the interview or statement of any person
when the person knows that the interview is being
conducted by a law enforcement officer or prosecutor and
the interview takes place at a police station that is
currently participating in the Custodial Interview Pilot
Program established under the Illinois Criminal Justice
Information Act;
(m) An electronic recording, including, but not
limited to, a motion picture, videotape, digital, or other
visual or audio recording, made of the interior of a
school bus while the school bus is being used in the
transportation of students to and from school and
school-sponsored activities, when the school board has
adopted a policy authorizing such recording, notice of
such recording policy is included in student handbooks and
other documents including the policies of the school,
notice of the policy regarding recording is provided to
parents of students, and notice of such recording is
clearly posted on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall
be confidential records and may only be used by school
officials (or their designees) and law enforcement
personnel for investigations, school disciplinary actions
and hearings, proceedings under the Juvenile Court Act of
1987, and criminal prosecutions, related to incidents

SB1754 - 17 - LRB104 08085 RLC 18131 b
occurring in or around the school bus;
(n) Recording or listening to an audio transmission
from a microphone placed by a person under the authority
of a law enforcement agency inside a bait car surveillance
vehicle while simultaneously capturing a photographic or
video image;
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law
enforcement officer or individual acting on behalf of a
law enforcement officer when the use of such device is
necessary to protect the safety of the general public,
hostages, or law enforcement officers or anyone acting on
their behalf;
(p) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as the "CPS Violence Prevention Hotline",
but only where the notice of recording is given at the
beginning of each call as required by Section 34-21.8 of
the School Code. The recordings may be retained only by
the Chicago Police Department or other law enforcement
authorities, and shall not be otherwise retained or
disseminated;
(q)(1) With prior request to and written or verbal
approval of the Attorney General or the State's Attorney
of the county in which the conversation is anticipated to
occur, recording or listening with the aid of an

SB1754 - 18 - LRB104 08085 RLC 18131 b
eavesdropping device to a conversation in which a law
enforcement officer, or any person acting at the direction
of a law enforcement officer, is a party to the
conversation and has consented to the conversation being
intercepted or recorded in the course of an investigation
of a qualified offense. The Attorney General or the
State's Attorney may grant this approval only after
determining that reasonable cause exists to believe that
inculpatory conversations concerning a qualified offense
will occur with a specified individual or individuals
within a designated period of time.
(2) Request for approval. To invoke the exception
contained in this subsection (q), a law enforcement
officer shall make a request for approval to the Attorney
General or the appropriate State's Attorney. The request
may be written or verbal; however, a written
memorialization of the request must be made by the
Attorney General or the State's Attorney. This request for
approval shall include whatever information is deemed
necessary by the Attorney General or the State's Attorney
but shall include, at a minimum, the following information
about each specified individual whom the law enforcement
officer believes will commit a qualified offense:
(A) his or her full or partial name, nickname or
alias;
(B) a physical description; or

SB1754 - 19 - LRB104 08085 RLC 18131 b
(C) failing either (A) or (B) of this paragraph
(2), any other supporting information known to the law
enforcement officer at the time of the request that
gives rise to reasonable cause to believe that the
specified individual will participate in an
inculpatory conversation concerning a qualified
offense.
(3) Limitations on approval. Each written approval by
the Attorney General or the State's Attorney under this
subsection (q) shall be limited to:
(A) a recording or interception conducted by a
specified law enforcement officer or person acting at
the direction of a law enforcement officer;
(B) recording or intercepting conversations with
the individuals specified in the request for approval,
provided that the verbal approval shall be deemed to
include the recording or intercepting of conversations
with other individuals, unknown to the law enforcement
officer at the time of the request for approval, who
are acting in conjunction with or as co-conspirators
with the individuals specified in the request for
approval in the commission of a qualified offense;
(C) a reasonable period of time but in no event
longer than 24 consecutive hours;
(D) the written request for approval, if
applicable, or the written memorialization must be

SB1754 - 20 - LRB104 08085 RLC 18131 b
filed, along with the written approval, with the
circuit clerk of the jurisdiction on the next business
day following the expiration of the authorized period
of time, and shall be subject to review by the Chief
Judge or his or her designee as deemed appropriate by
the court.
(3.5) The written memorialization of the request for
approval and the written approval by the Attorney General
or the State's Attorney may be in any format, including
via facsimile, email, or otherwise, so long as it is
capable of being filed with the circuit clerk.
(3.10) Beginning March 1, 2015, the Attorney General
and each State's Attorney shall annually submit a report
to the General Assembly disclosing:
(A) the number of requests for each qualified
offense for approval under this subsection; and
(B) the number of approvals for each qualified
offense given by the Attorney General or the State's
Attorney.
(4) Admissibility of evidence. No part of the contents
of any wire, electronic, or oral communication that has
been recorded or intercepted as a result of this exception
may be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of this State, or a

SB1754 - 21 - LRB104 08085 RLC 18131 b
political subdivision of the State, other than in a
prosecution of:
(A) the qualified offense for which approval was
given to record or intercept a conversation under this
subsection (q);
(B) a forcible felony committed directly in the
course of the investigation of the qualified offense
for which approval was given to record or intercept a
conversation under this subsection (q); or
(C) any other forcible felony committed while the
recording or interception was approved in accordance
with this subsection (q), but for this specific
category of prosecutions, only if the law enforcement
officer or person acting at the direction of a law
enforcement officer who has consented to the
conversation being intercepted or recorded suffers
great bodily injury or is killed during the commission
of the charged forcible felony.
(5) Compliance with the provisions of this subsection
is a prerequisite to the admissibility in evidence of any
part of the contents of any wire, electronic or oral
communication that has been intercepted as a result of
this exception, but nothing in this subsection shall be
deemed to prevent a court from otherwise excluding the
evidence on any other ground recognized by State or
federal law, nor shall anything in this subsection be

SB1754 - 22 - LRB104 08085 RLC 18131 b
deemed to prevent a court from independently reviewing the
admissibility of the evidence for compliance with the
Fourth Amendment to the U.S. Constitution or with Article
I, Section 6 of the Illinois Constitution.
(6) Use of recordings or intercepts unrelated to
qualified offenses. Whenever any private conversation or
private electronic communication has been recorded or
intercepted as a result of this exception that is not
related to an offense for which the recording or intercept
is admissible under paragraph (4) of this subsection (q),
no part of the contents of the communication and evidence
derived from the communication may be received in evidence
in any trial, hearing, or other proceeding in or before
any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority
of this State, or a political subdivision of the State,
nor may it be publicly disclosed in any way.
(6.5) The Illinois State Police shall adopt rules as
are necessary concerning the use of devices, retention of
recordings, and reports regarding their use under this
subsection (q).
(7) Definitions. For the purposes of this subsection
(q) only:
"Attorney General" includes and is limited to the
Attorney General or an Assistant Attorney General
designated by the Attorney General to provide verbal

SB1754 - 23 - LRB104 08085 RLC 18131 b
approval to record or intercept conversations under
this subsection (q).
"Forcible felony" includes and is limited to those
offenses contained in Section 2-8 of the Criminal Code
of 1961 as of the effective date of this amendatory Act
of the 97th General Assembly, and only as those
offenses have been defined by law or judicial
interpretation as of that date.
"Qualified offense" means and is limited to:
(A) a felony violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community
Protection Act, except for violations of:
(i) Section 4 of the Cannabis Control Act;
(ii) Section 402 of the Illinois
Controlled Substances Act; and
(iii) Section 60 of the Methamphetamine
Control and Community Protection Act; and
(B) first degree murder, solicitation of
murder for hire, predatory criminal sexual assault
of a child, criminal sexual assault, aggravated
criminal sexual assault, aggravated arson,
kidnapping, aggravated kidnapping, child
abduction, trafficking in persons, involuntary
servitude, involuntary sexual servitude of a
minor, or gunrunning.

SB1754 - 24 - LRB104 08085 RLC 18131 b
"State's Attorney" includes and is limited to the
State's Attorney or an assistant State's Attorney
designated by the State's Attorney to provide verbal
approval to record or intercept conversations under
this subsection (q).
(8) Sunset. This subsection (q) is inoperative on and
after January 1, 2027. No conversations intercepted
pursuant to this subsection (q), while operative, shall be
inadmissible in a court of law by virtue of the
inoperability of this subsection (q) on January 1, 2027.
(9) Recordings, records, and custody. Any private
conversation or private electronic communication
intercepted by a law enforcement officer or a person
acting at the direction of law enforcement shall, if
practicable, be recorded in such a way as will protect the
recording from editing or other alteration. Any and all
original recordings made under this subsection (q) shall
be inventoried without unnecessary delay pursuant to the
law enforcement agency's policies for inventorying
evidence. The original recordings shall not be destroyed
except upon an order of a court of competent jurisdiction;
and
(r) Electronic recordings, including but not limited
to, motion picture, videotape, digital, or other visual or
audio recording, made of a lineup under Section 107A-2 of
the Code of Criminal Procedure of 1963.

SB1754 - 25 - LRB104 08085 RLC 18131 b
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-918, eff. 5-27-22.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 108A-1, 108A-3, 108A-6, and
108A-11 as follows:
(725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1)
Sec. 108A-1. Authorization for use of eavesdropping
device. The Attorney General or an Assistant Attorney General
authorized by the Attorney General or the State's Attorney or
an Assistant State's Attorney authorized by the State's
Attorney may authorize an application to a circuit judge or an
associate judge assigned by the Chief Judge of the circuit
for, and such judge may grant in conformity with this Article,
an order authorizing or approving the use of an eavesdropping
device by a law enforcement officer or agency having the
responsibility for the investigation of any felony under
Illinois law where any one party to a conversation to be
monitored, or previously monitored in the case of an emergency
situation as defined in this Article, has consented to such
monitoring.
The Chief Judge of the circuit may assign to associate
judges the power to issue orders authorizing or approving the
use of eavesdropping devices by law enforcement officers or
agencies in accordance with this Article. After assignment by

SB1754 - 26 - LRB104 08085 RLC 18131 b
the Chief Judge, an associate judge shall have plenary
authority to issue such orders without additional
authorization for each specific application made to him by the
Attorney General or the State's Attorney until such time as
the associate judge's power is rescinded by the Chief Judge.
(Source: P.A. 92-413, eff. 8-17-01.)
(725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3)
Sec. 108A-3. Procedure for Obtaining Judicial Approval of
Use of Eavesdropping Device. (a) Where any one party to a
conversation to occur in the future has consented to the use of
an eavesdropping device to overhear or record the
conversation, a judge may grant approval to an application to
use an eavesdropping device pursuant to the provisions of this
section.
Each application for an order authorizing or subsequently
approving the use of an eavesdropping device shall be made in
writing upon oath or affirmation to a circuit judge, or an
associate judge assigned for such purpose pursuant to Section
108A-1 of this Code, and shall state the applicant's authority
to make such application. Each application shall include the
following:
(1) the identity of the investigative or law enforcement
officer making the application and the Attorney General or the
State's Attorney authorizing the application;
(2) a statement of the facts and circumstances relied upon

SB1754 - 27 - LRB104 08085 RLC 18131 b
by the applicant to justify his belief that an order should be
issued including: (a) details as to the felony that has been,
is being, or is about to be committed; (b) a description of the
type of communication sought to be monitored; (c) the identity
of the party to the expected conversation consenting to the
use of an eavesdropping device; (d) the identity of the
person, if known, whose conversations are to be overheard by
the eavesdropping device;
(3) a statement of the period of time for which the use of
the device is to be maintained or, if the nature of the
investigation is such that the authorization for use of the
device should not terminate automatically when the described
type of communication is overheard or recorded, a description
of facts establishing reasonable cause to believe that
additional conversations of the same type will occur
thereafter;
(4) a statement of the existence of all previous
applications known to the individual making the application
which have been made to any judge requesting permission to use
an eavesdropping device involving the same persons in the
present application, and the action taken by the judge on the
previous applications;
(5) when the application is for an extension of an order, a
statement setting forth the results so far obtained from the
use of the eavesdropping device or an explanation of the
failure to obtain such results.

SB1754 - 28 - LRB104 08085 RLC 18131 b
(b) The judge may request the applicant to furnish
additional testimony, witnesses, or evidence in support of the
application.
(Source: P.A. 86-391.)
(725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6)
Sec. 108A-6. Emergency Exception to Procedures. (a)
Notwithstanding any other provisions of this Article, any
investigative or law enforcement officer, upon approval of the
Attorney General or a State's Attorney, or without it if a
reasonable effort has been made to contact the Attorney
General or the appropriate State's Attorney, may use an
eavesdropping device in an emergency situation as defined in
this Section. Such use must be in accordance with the
provisions of this Section and may be allowed only where the
officer reasonably believes that an order permitting the use
of the device would issue were there a prior hearing.
An emergency situation exists when, without previous
notice to the law enforcement officer sufficient to obtain
prior judicial approval, the conversation to be overheard or
recorded will occur within a short period of time, the use of
the device is necessary for the protection of the law
enforcement officer or it will occur in a situation involving
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

SB1754 - 29 - LRB104 08085 RLC 18131 b
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; or (3) any violation of Article 29D.
(b) In all such cases, an application for an order
approving the previous or continuing use of an eavesdropping
device must be made within 48 hours of the commencement of such
use. In the absence of such an order, or upon its denial, any
continuing use shall immediately terminate.
In order to approve such emergency use, the judge must
make a determination (1) that he would have granted an order
had the information been before the court prior to the use of
the device and (2) that there was an emergency situation as
defined in this Section.
(c) In the event that an application for approval under
this Section is denied the contents of the conversations
overheard or recorded shall be treated as having been obtained
in violation of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
(725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
Sec. 108A-11. Reports concerning use of eavesdropping
devices.
(a) In January of each year the Attorney General and the
State's Attorney of each county in which eavesdropping devices
were used pursuant to the provisions of this Article shall
report to the Illinois State Police the following with respect

SB1754 - 30 - LRB104 08085 RLC 18131 b
to each application for an order authorizing the use of an
eavesdropping device, or an extension thereof, made during the
preceding calendar year:
(1) the fact that such an order, extension, or
subsequent approval of an emergency was applied for;
(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension
was granted as applied for was modified, or was denied;
(4) the period authorized by the order or extensions
in which an eavesdropping device could be used;
(5) the felony specified in the order extension or
denied application;
(6) the identity of the applying investigative or law
enforcement officer and agency making the application and
the Attorney General or the State's Attorney authorizing
the application; and
(7) the nature of the facilities from which or the
place where the eavesdropping device was to be used.
(b) Such report shall also include the following:
(1) a general description of the uses of eavesdropping
devices actually made under such order to overheard or
record conversations, including: (a) the approximate
nature and frequency of incriminating conversations
overheard, (b) the approximate nature and frequency of
other conversations overheard, (c) the approximate number
of persons whose conversations were overheard, and (d) the

SB1754 - 31 - LRB104 08085 RLC 18131 b
approximate nature, amount, and cost of the manpower and
other resources used pursuant to the authorization to use
an eavesdropping device;
(2) the number of arrests resulting from authorized
uses of eavesdropping devices and the offenses for which
arrests were made;
(3) the number of trials resulting from such uses of
eavesdropping devices;
(4) the number of motions to suppress made with
respect to such uses, and the number granted or denied;
and
(5) the number of convictions resulting from such uses
and the offenses for which the convictions were obtained
and a general assessment of the importance of the
convictions.
(c) In April of each year, the Illinois State Police shall
transmit to the General Assembly a report including
information on the number of applications for orders
authorizing the use of eavesdropping devices, the number of
orders and extensions granted or denied during the preceding
calendar year, and the convictions arising out of such uses.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required

SB1754 - 32 - LRB104 08085 RLC 18131 b
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 15. The Statewide Grand Jury Act is amended by
changing Sections 2, 3, and 4 as follows:
(725 ILCS 215/2) (from Ch. 38, par. 1702)
Sec. 2. (a) County grand juries and State's Attorneys have
always had and shall continue to have primary responsibility
for investigating, indicting, and prosecuting persons who
violate the criminal laws of the State of Illinois. However,
in recent years organized terrorist activity directed against
innocent civilians and certain criminal enterprises have
developed that require investigation, indictment, and
prosecution on a statewide or multicounty level. The criminal
enterprises exist as a result of the allure of profitability
present in narcotic activity, the unlawful sale and transfer
of firearms, and streetgang related felonies and organized
terrorist activity is supported by the contribution of money
and expert assistance from geographically diverse sources. In
order to shut off the life blood of terrorism and weaken or
eliminate the criminal enterprises, assets, and property used
to further these offenses must be frozen, and any profit must
be removed. State statutes exist that can accomplish that
goal. Among them are the offense of money laundering,
violations of Article 29D of the Criminal Code of 1961 or the

SB1754 - 33 - LRB104 08085 RLC 18131 b
Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
and gunrunning. Local prosecutors need investigative personnel
and specialized training to attack and eliminate these
profits. In light of the transitory and complex nature of
conduct that constitutes these criminal activities, the many
diverse property interests that may be used, acquired directly
or indirectly as a result of these criminal activities, and
the many places that illegally obtained property may be
located, it is the purpose of this Act to create a limited,
multicounty Statewide Grand Jury with authority to
investigate, indict, and prosecute: narcotic activity,
including cannabis and controlled substance trafficking,
narcotics racketeering, money laundering, violations of the
Cannabis and Controlled Substances Tax Act, and violations of
Article 29D of the Criminal Code of 1961 or the Criminal Code
of 2012; the unlawful sale and transfer of firearms;
gunrunning; and streetgang related felonies.
(b) A Statewide Grand Jury may also investigate, indict,
and prosecute violations facilitated by the use of a computer
of any of the following offenses: indecent solicitation of a
child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile prostitution,
juvenile pimping, child pornography, aggravated child
pornography, obscene depiction of a purported child,
non-consensual dissemination of sexually explicit digitized
depictions, or promoting juvenile prostitution except as

SB1754 - 34 - LRB104 08085 RLC 18131 b
described in subdivision (a)(4) of Section 11-14.4 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(c) A Statewide Grand Jury may also investigate, indict,
and prosecute violations of theft, retail theft, organized
retail crime, Internet offenses, continuing financial crimes
enterprise, vehicular hijacking, aggravated vehicular
hijacking, vehicular invasion, burglary, residential burglary,
and home invasion.
(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
(725 ILCS 215/3) (from Ch. 38, par. 1703)
Sec. 3. Written application for the appointment of a
Circuit Judge to convene and preside over a Statewide Grand
Jury, with jurisdiction extending throughout the State, shall
be made to the Chief Justice of the Supreme Court. Upon such
written application, the Chief Justice of the Supreme Court
shall appoint a Circuit Judge from the circuit where the
Statewide Grand Jury is being sought to be convened, who shall
make a determination that the convening of a Statewide Grand
Jury is necessary.
In such application the Attorney General shall state that
the convening of a Statewide Grand Jury is necessary because
of an alleged offense or offenses set forth in this Section
involving more than one county of the State and identifying
any such offense alleged; and
(a) that he or she believes that the grand jury

SB1754 - 35 - LRB104 08085 RLC 18131 b
function for the investigation and indictment of the
offense or offenses cannot effectively be performed by a
county grand jury together with the reasons for such
belief, and
(b)(1) that each State's Attorney with jurisdiction
over an offense or offenses to be investigated has
consented to the impaneling of the Statewide Grand Jury,
or
(2) if one or more of the State's Attorneys having
jurisdiction over an offense or offenses to be
investigated fails to consent to the impaneling of the
Statewide Grand Jury, the Attorney General shall set forth
good cause for impaneling the Statewide Grand Jury.
If the Circuit Judge determines that the convening of a
Statewide Grand Jury is necessary, he or she shall convene and
impanel the Statewide Grand Jury with jurisdiction extending
throughout the State to investigate and return indictments:
(a) For violations of any of the following or for any
other criminal offense committed in the course of
violating any of the following: Article 29D of the
Criminal Code of 1961 or the Criminal Code of 2012, the
Illinois Controlled Substances Act, the Cannabis Control
Act, the Methamphetamine Control and Community Protection
Act, or the Narcotics Profit Forfeiture Act; a streetgang
related felony offense; Section 16-1, 16-25, 16-25.1,
16-40, 17-10.6(h), 18-3, 18-4, 18-6, 19-1, 19-3, 19-6,

SB1754 - 36 - LRB104 08085 RLC 18131 b
24-2.1, 24-2.2, 24-3, 24-3A, 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 a money laundering
offense; provided that the violation or offense involves
acts occurring in more than one county of this State; and
(a-5) For violations facilitated by the use of a
computer, including the use of the Internet, the World
Wide Web, electronic mail, message board, newsgroup, or
any other commercial or noncommercial on-line service, of
any of the following offenses: indecent solicitation of a
child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile
prostitution, juvenile pimping, child pornography,
aggravated child pornography, obscene depiction of a
purported child, non-consensual dissemination of sexually
explicit digitized depictions, or promoting juvenile
prostitution except as described in subdivision (a)(4) of
Section 11-14.4 of the Criminal Code of 1961 or the
Criminal Code of 2012; and
(b) For the offenses of perjury, subornation of
perjury, communicating with jurors and witnesses, and
harassment of jurors and witnesses, as they relate to
matters before the Statewide Grand Jury.
"Streetgang related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus

SB1754 - 37 - LRB104 08085 RLC 18131 b
Prevention Act.
Upon written application by the Attorney General for the
convening of an additional Statewide Grand Jury, the Chief
Justice of the Supreme Court shall appoint a Circuit Judge
from the circuit for which the additional Statewide Grand Jury
is sought. The Circuit Judge shall determine the necessity for
an additional Statewide Grand Jury in accordance with the
provisions of this Section. No more than 2 Statewide Grand
Juries may be empaneled at any time.
(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
(725 ILCS 215/4) (from Ch. 38, par. 1704)
Sec. 4. (a) The presiding judge of the Statewide Grand
Jury will receive recommendations from the Attorney General as
to the county in which the Grand Jury will sit. Prior to making
the recommendations, the Attorney General shall obtain the
permission of the local State's Attorney to use his or her
county for the site of the Statewide Grand Jury. Upon
receiving the Attorney General's recommendations, the
presiding judge will choose one of those recommended locations
as the site where the Grand Jury shall sit.
Any indictment by a Statewide Grand Jury shall be returned
to the Circuit Judge presiding over the Statewide Grand Jury
and shall include a finding as to the county or counties in
which the alleged offense was committed. Thereupon, the judge
shall, by order, designate the county of venue for the purpose

SB1754 - 38 - LRB104 08085 RLC 18131 b
of trial. The judge may also, by order, direct the
consolidation of an indictment returned by a county grand jury
with an indictment returned by the Statewide Grand Jury and
set venue for trial.
(b) Venue for purposes of trial for the offense of
narcotics racketeering shall be proper in any county where:
(1) Cannabis or a controlled substance which is the
basis for the charge of narcotics racketeering was used;
acquired; transferred or distributed to, from or through;
or any county where any act was performed to further the
use; acquisition, transfer or distribution of said
cannabis or controlled substance; or
(2) Any money, property, property interest, or any
other asset generated by narcotics activities was
acquired, used, sold, transferred or distributed to, from
or through; or,
(3) Any enterprise interest obtained as a result of
narcotics racketeering was acquired, used, transferred or
distributed to, from or through, or where any activity was
conducted by the enterprise or any conduct to further the
interests of such an enterprise.
(c) Venue for purposes of trial for the offense of money
laundering shall be proper in any county where any part of a
financial transaction in criminally derived property took
place, or in any county where any money or monetary interest
which is the basis for the offense, was acquired, used, sold,

SB1754 - 39 - LRB104 08085 RLC 18131 b
transferred or distributed to, from, or through.
(d) A person who commits the offense of cannabis
trafficking, methamphetamine trafficking, or controlled
substance trafficking may be tried in any county.
(e) Venue for purposes of trial for any violation of
Article 29D of the Criminal Code of 1961 or the Criminal Code
of 2012 may be in the county in which an act of terrorism
occurs, the county in which material support or resources are
provided or solicited, the county in which criminal assistance
is rendered, or any county in which any act in furtherance of
any violation of Article 29D of the Criminal Code of 1961 or
the Criminal Code of 2012 occurs.
(f) Venue for purposes of trial for the offense of
organized retail crime shall be proper in any county where:
(1) any property, property interest, asset, money, or
thing of value that is the basis for the charge of
organized retail crime was used, acquired, transferred, or
distributed to, from, or through; or any county where any
act was performed to further the use, acquisition,
transfer, or distribution of the property, property
interest, asset, money, or thing or value; or
(2) any enterprise interest obtained as a result of
organized retail crime was acquired, used, transferred, or
distributed to, from, or through, or where any activity
was conducted by the enterprise or any conduct to further
the interests of such an enterprise.

SB1754 - 40 - LRB104 08085 RLC 18131 b
(Source: P.A. 102-757, eff. 5-13-22.)