Bill Text: IL SB2188 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Code of Criminal Procedure of 1963. In provision on obtaining a search warrant by oral testimony, deletes use of telephone, fax, or other appropriate means to communicate sworn testimony supporting a search warrant request on a terrorism or terrorism-related offense to a judge when the circumstances make it reasonable to dispense with a sworn affidavit. Replaces the deleted provision with a general provision applicable to any offense allowing a search warrant request to be 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. Deletes provision that made search warrant upon oral testimony subsection inoperative on January 1, 2005 and the savings clause for admissibility of evidence obtained by a search warrant issued under the subsection prior to it becoming inoperative.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2188 Detail]

Download: Illinois-2013-SB2188-Engrossed.html

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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 a search warrant is sought and
the request is made by electronic means that has a
simultaneous video and audio transmission between the

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requestor and a judge, the judge may issue a search warrant
based upon sworn testimony communicated in the
transmission. 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 the 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

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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
requestor initiates a request for search warrant under this
Section 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
communication 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

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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) (Blank). This subsection (b) is inoperative on and
after January 1, 2005.
(9) (Blank). No evidence obtained pursuant to this
subsection (b) shall be inadmissible in a court of law by
virtue of subdivision (8).
(c) 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.)