State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Senate Amendment 002 ]

91_SB1409eng

 
SB1409 Engrossed                               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
 
SB1409 Engrossed            -2-                LRB9112120RCpk
 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        (e)  If  at  least  one  electronic criminal surveillance
33    officer is present at the scene of the  emergency  situation,
34    any  other  police  officer  involved  in the response to the
 
SB1409 Engrossed            -3-                LRB9112120RCpk
 1    emergency is authorized to overhear  any  oral  communication
 2    intercepted under this Section.
 3    (Source: P.A. 85-1203.)

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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