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| [ Engrossed ] | [ Senate Amendment 002 ] |
91_SB1409
LRB9112120RCpk
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 108B-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 108B-8 as follows:
7 (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
8 Sec. 108B-8. Emergency use of eavesdropping device.
9 (a) An electronic criminal surveillance officer,
10 specially designated by the State's Attorney, may intercept a
11 private oral communication, without an order, when he or she
12 reasonably Whenever, upon informal application by the State's
13 Attorney, a chief judge of competent jurisdiction determines
14 that:
15 (1) there are may be grounds upon which an order
16 could be issued under this Article to authorize an
17 interception;
18 (2) there is probable cause to believe that an
19 emergency situation exists with respect to the
20 investigation of an offense enumerated in Section 108B-3;
21 and
22 (3) there is probable cause to believe that an
23 emergency situation exists that involves immediate danger
24 of death or serious physical injury to any person a
25 substantial danger to life or limb exists justifying an
26 the authorization for immediate interception of a private
27 oral communication before formal application for an order
28 could with due diligence be submitted to him and acted
29 upon by; the chief judge of competent jurisdiction.
30 The electronic criminal surveillance officer shall file
31 may grant oral approval for an interception, without an
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1 order, conditioned upon the filing with the chief judge him,
2 within 48 hours after the interception begins, of an
3 application for an order under Sections 108B-3 and Section
4 108B-4. The application shall which shall also recite the
5 interception oral approval under this Section. The order
6 shall and be retroactive to the time of the interception
7 began to occur oral approval.
8 (b) Interception under oral approval under this Section
9 shall immediately terminate when the communication sought is
10 obtained or when the application for an order is denied,
11 whichever is earlier.
12 (c) In the event no formal application for an order is
13 subsequently made under this Section, the content of any
14 private oral communication intercepted under oral approval
15 under this Section shall be treated as having been obtained
16 in violation of this Article.
17 (d) In the event no application for an order is made
18 under this Section or an application made under this Section
19 is subsequently denied, the judge shall cause an inventory to
20 be served under Section 108B-11 of this Article and shall
21 require the tape or other recording of the intercepted
22 communication to be delivered to, and sealed by, the judge.
23 The evidence shall be retained by the court, and it shall not
24 be used or disclosed in any legal proceeding, except a civil
25 action brought by an aggrieved person under Section 14-6 of
26 the Criminal Code of 1961, or as otherwise authorized by the
27 order of a court of competent jurisdiction. In addition to
28 other remedies or penalties provided by law, failure to
29 deliver any tape or other recording to the chief judge shall
30 be punishable as contempt by the judge directing the
31 delivery.
32 (Source: P.A. 85-1203.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.