97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5267

 

Introduced 2/8/2012, by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/108-3  from Ch. 38, par. 108-3
725 ILCS 5/108-6  from Ch. 38, par. 108-6
725 ILCS 5/108-7  from Ch. 38, par. 108-7
725 ILCS 5/108-10  from Ch. 38, par. 108-10

    Amends the Code of Criminal Procedure of 1963. Provides that upon the written complaint of a person under oath or affirmation which states facts sufficient to show probable cause to install and use a tracking device, a judge may issue a search warrant to install and use a tracking device. Provides that a tracking device search warrant must identify the person or property to be tracked, designate the judge to whom it must be returned, and specify a reasonable length of time that the device may be used. Provides that the time must not exceed 45 days from the date the tracking device search warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed 45 days each. Provides that the tracking device search warrant must command the officer to complete the installation authorized by the warrant within a specified time no longer than 10 days from the time of issuance of the tracking device search warrant.


LRB097 18499 RLC 63730 b

 

 

A BILL FOR

 

HB5267LRB097 18499 RLC 63730 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 Sections 108-3, 108-6, 108-7, and 108-10 as
6follows:
 
7    (725 ILCS 5/108-3)  (from Ch. 38, par. 108-3)
8    Sec. 108-3. Grounds for search warrant.
9    (a) Except as provided in subsection (b), upon the written
10complaint of any person under oath or affirmation which states
11facts sufficient to show probable cause and which particularly
12describes the place or person, or both, to be searched and the
13things to be seized, any judge may issue a search warrant for
14the seizure of the following:
15        (1) Any instruments, articles or things designed or
16    intended for use or which are or have been used in the
17    commission of, or which may constitute evidence of, the
18    offense in connection with which the warrant is issued; or
19    contraband, the fruits of crime, or things otherwise
20    criminally possessed.
21        (2) Any person who has been kidnaped in violation of
22    the laws of this State, or who has been kidnaped in another
23    jurisdiction and is now concealed within this State, or any

 

 

HB5267- 2 -LRB097 18499 RLC 63730 b

1    human fetus or human corpse.
2    (b) When the things to be seized are the work product of,
3or used in the ordinary course of business, and in the
4possession, custody, or control of any person known to be
5engaged in the gathering or dissemination of news for the print
6or broadcast media, no judge may issue a search warrant unless
7the requirements set forth in subsection (a) are satisfied and
8there is probable cause to believe that:
9        (1) such person has committed or is committing a
10    criminal offense; or
11        (2) the things to be seized will be destroyed or
12    removed from the State if the search warrant is not issued.
13    (c) Upon the written complaint of a person under oath or
14affirmation which states facts sufficient to show probable
15cause to install and use a tracking device, a judge may issue a
16search warrant to install and use a tracking device. As used in
17this Section, "tracking device" means an electronic or
18mechanical device which permits the tracking of the movement of
19a person or object. A tracking device search warrant must
20identify the person or property to be tracked, designate the
21judge to whom it must be returned, and specify a reasonable
22length of time that the device may be used. The time must not
23exceed 45 days from the date the tracking device search warrant
24was issued. The court may, for good cause, grant one or more
25extensions for a reasonable period not to exceed 45 days each.
26The tracking device search warrant must command the officer to:

 

 

HB5267- 3 -LRB097 18499 RLC 63730 b

1        (i) complete the installation authorized by the
2    warrant within a specified time no longer than 10 days;
3        (ii) perform the installation authorized by the court
4    at any time of any day or night; and
5        (iii) return the warrant to the judge designated in the
6    warrant.
7(Source: P.A. 89-377, eff. 8-18-95.)
 
8    (725 ILCS 5/108-6)  (from Ch. 38, par. 108-6)
9    Sec. 108-6. Execution of search warrants.
10    (a) The warrant shall be executed within 96 hours from the
11time of issuance. If the warrant is executed the duplicate copy
12shall be left with any person from whom any instruments,
13articles or things are seized or if no person is available the
14copy shall be left at the place from which the instruments,
15articles or things were seized. Any warrant not executed within
16such time shall be void and shall be returned to the court of
17the judge issuing the same as "not executed".
18    (b) Execution of tracking device search warrants. The
19tracking device search warrant shall specify a reasonable
20length of time that the device may be used. The time must not
21exceed 45 days from the date the tracking device search warrant
22was issued. The court may, for good cause, grant one or more
23extensions for a reasonable period not to exceed 45 days each.
24The tracking device search warrant must command the officer to
25complete the installation authorized by the warrant within a

 

 

HB5267- 4 -LRB097 18499 RLC 63730 b

1specified time no longer than 10 days from the time of issuance
2of the tracking device search warrant. The tracking device
3search warrant authorizes the use of the tracking device within
4the State of Illinois, and outside the State of Illinois if the
5tracking device was installed within the State of Illinois. The
6officer executing a tracking device warrant must enter on it
7the exact date and time the device was installed and the period
8during which it was used. Within 10 days after the use of the
9tracking device has ended, the officer executing the warrant
10must return it to the judge issuing the tracking device search
11warrant, or before a judge named in the tracking device search
12warrant or before a court of competent jurisdiction. Within 10
13days after the use of the tracking device has ended, the
14officer executing a tracking device search warrant must serve a
15copy of the tracking device search warrant on the person who
16was tracked or whose property was tracked. Service may be
17accomplished by delivering a copy to the person who, or whose
18property, was tracked, or by leaving a copy at the person's
19residence or usual place of abode with an individual of
20suitable age and discretion who resides at that location and by
21mailing a copy to the person's last known address. Upon the
22request of the State, the judge may delay notice. A warrant not
23executed within that time shall be void and shall be returned
24to the court of the judge issuing the same as "not executed."
25(Source: Laws 1963, p. 2836.)
 

 

 

HB5267- 5 -LRB097 18499 RLC 63730 b

1    (725 ILCS 5/108-7)  (from Ch. 38, par. 108-7)
2    Sec. 108-7. Command of search warrant.
3    (a) The warrant shall command the person directed to
4execute the same to search the place or person particularly
5described in the warrant and to seize the instruments, articles
6or things particularly described in the warrant.
7    (b) The tracking device search warrant must command the
8person directed to execute the warrant to:
9        (i) complete the installation authorized by the
10    warrant within a specified time no longer than 10 days;
11        (ii) perform the installation authorized by the court
12    at any time of any day or night; and
13        (iii) return the warrant to the judge designated in the
14    warrant.
15(Source: Laws 1963, p. 2836.)
 
16    (725 ILCS 5/108-10)  (from Ch. 38, par. 108-10)
17    Sec. 108-10. Return to court of things seized.
18    (a) A return of all instruments, articles or things seized
19shall be made without unnecessary delay before the judge
20issuing the warrant or before any judge named in the warrant or
21before any court of competent jurisdiction. An inventory of any
22instruments, articles or things seized shall be filed with the
23return and signed under oath by the officer or person executing
24the warrant. The judge shall upon request deliver a copy of the
25inventory to the person from whom or from whose premises the

 

 

HB5267- 6 -LRB097 18499 RLC 63730 b

1instruments, articles or things were taken and to the applicant
2for the warrant.
3    (b) Within 10 days after the use of the tracking device has
4ended, the officer executing the tracking device search warrant
5must return it to the judge issuing the tracking device search
6warrant, or before a judge named in the tracking device search
7warrant or before a court of competent jurisdiction. The return
8may take the form of a printout, or electronic copy, of the
9electronic tracking device data.
10(Source: Laws 1963, p. 2836.)