98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2188
 
Introduced 2/15/2013, by Sen. Dale A. Righter
 
SYNOPSIS AS INTRODUCED:






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

 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.



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A BILL FOR
 


SB2188LRB098 09130 MRW 39268 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



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




6 (725 ILCS 5/108-4) (from Ch. 38, par. 108-4)



7 Sec. 108-4. Issuance of search warrant. 

8 (a) All warrants upon written complaint shall state the 
9time
and date of issuance and be the warrants of the judge 
10issuing the same and
not the warrants of the court in which he 
11or she is then sitting and these such warrants
need not bear 
12the seal of the court or clerk thereof. The complaint on
which 
13the warrant is issued need not be filed with the clerk of the 
14court
nor with the court if there is no clerk until the warrant 
15has been executed
or has been returned "not executed".

16 The search warrant upon written complaint may be issued 
17electronically or
electromagnetically
by use of a facsimile 
18transmission machine and this any such warrant shall have
the 
19same validity as a written search warrant.

20 (b) Warrant upon oral testimony.


21  (1) General rule. When a search warrant is sought and 
22 the request is made by electronic means that has a 
23 simultaneous video and audio transmission between the 
 
 
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1 requestor and a judge, the judge may issue a search warrant 
2 based upon sworn testimony communicated in the 
3 transmission. When the offense in connection with
which a 
4 search warrant is sought constitutes terrorism or any 
5 related offense
as defined in Article 29D of the Criminal 
6 Code of 2012, and if the
circumstances make it reasonable 
7 to dispense, in whole or in part, with a
written affidavit, 
8 a judge may issue a warrant based upon sworn testimony

9 communicated by telephone or other appropriate means, 
10 including facsimile
transmission.


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

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


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

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


8  (4) Recording and certification of testimony. When a

9 requestor initiates a request for search warrant under this 
10 Section caller informs the judge that the purpose of the 
11 call is to request a warrant,
the judge shall immediately 
12 place under oath each person whose testimony forms
a basis 
13 of the application and each person applying for that 
14 warrant. If a
voice recording device is available, the 
15 judge shall record by means of the
device all of the 
16 communication call after the caller informs the judge that 
17 the purpose of
the call is to request a warrant, otherwise 
18 a stenographic or longhand verbatim
record shall be made. 
19 If a voice recording device is used or a stenographic

20 record made, the judge shall have the record transcribed, 
21 shall certify the
accuracy of the transcription, and shall 
22 file a copy of the original record and
the transcription 
23 with the court. If a longhand verbatim record is made, the

24 judge shall file a signed copy with the court.


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

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


2  (6) Additional rule for execution. The person who

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


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

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


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


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

17(Source: P.A. 97-1150, eff. 1-25-13.)