| ||||
| Public Act 098-0829 | ||||
| ||||
| ||||
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 electronic | ||||
mail or a facsimile transmission machine and 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).
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||