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91_HB2238
LRB9104239KSpc
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 15-2 as follows:
6 (720 ILCS 5/15-2) (from Ch. 38, par. 15-2)
7 Sec. 15-2. Owner.
8 As used in this Part C, "owner" means a person, other
9 than the offender, who has possession of or any other
10 interest in the property involved, even though the such
11 interest or possession is unlawful, and without whose consent
12 the offender has no authority to exert control over the
13 property.
14 (Source: Laws 1961, p. 1983.)
15 Section 10. The Code of Criminal Procedure of 1963 is
16 amended by changing Section 108A-3 as follows:
17 (725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3)
18 Sec. 108A-3. Procedure for Obtaining Judicial Approval
19 of Use of Eavesdropping Device. (a) Where any one party to a
20 conversation to occur in the future has consented to the use
21 of an eavesdropping device to overhear or record the
22 conversation, a judge may grant approval to an application to
23 use an eavesdropping device pursuant to the provisions of
24 this Section.
25 Each application for an order authorizing or subsequently
26 approving the use of an eavesdropping device shall be made in
27 writing upon oath or affirmation to a circuit judge, or an
28 associate judge assigned for such purpose pursuant to Section
29 108A-1 of this Code, and shall state the applicant's
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1 authority to make the such application. Each application
2 shall include the following:
3 (1) the identity of the investigative or law enforcement
4 officer making the application and the State's Attorney
5 authorizing the application;
6 (2) a statement of the facts and circumstances relied
7 upon by the applicant to justify his belief that an order
8 should be issued including: (a) details as to the felony
9 that has been, is being, or is about to be committed; (b) a
10 description of the type of communication sought to be
11 monitored; (c) the identity of the party to the expected
12 conversation consenting to the use of an eavesdropping
13 device; (d) the identity of the person, if known, whose
14 conversations are to be overheard by the eavesdropping
15 device;
16 (3) a statement of the period of time for which the use
17 of the device is to be maintained or, if the nature of the
18 investigation is such that the authorization for use of the
19 device should not terminate automatically when the described
20 type of communication is overheard or recorded, a description
21 of facts establishing reasonable cause to believe that
22 additional conversations of the same type will occur
23 thereafter;
24 (4) a statement of the existence of all previous
25 applications known to the individual making the application
26 which have been made to any judge requesting permission to
27 use an eavesdropping device involving the same persons in the
28 present application, and the action taken by the judge on the
29 previous applications;
30 (5) when the application is for an extension of an
31 order, a statement setting forth the results so far obtained
32 from the use of the eavesdropping device or an explanation of
33 the failure to obtain such results.
34 (b) The judge may request the applicant to furnish
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1 additional testimony, witnesses, or evidence in support of
2 the application.
3 (Source: P.A. 86-391.)