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Full Text of SB3701  97th General Assembly

SB3701eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3701 EngrossedLRB097 18498 RLC 63729 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) or (c), upon the
10written complaint of any person under oath or affirmation which
11states facts sufficient to show probable cause and which
12particularly describes the place or person, or both, to be
13searched and the things to be seized, any judge may issue a
14search warrant for the 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

 

 

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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 or otherwise activate and use a
17tracking device. As used in this Section, "tracking device"
18means an electronic or mechanical device which permits the
19tracking of the movement of a person or object. A tracking
20device search warrant must identify the person or property to
21be tracked, if known, designate the judge to whom it must be
22returned, and specify a reasonable length of time that the
23device may be used. The time must not exceed 45 days from the
24date the tracking device search warrant was issued. The court
25may, for good cause, grant one or more extensions for a
26reasonable period not to exceed 45 days each. The warrant may

 

 

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1authorize or direct a third party to perform the physical
2installation of the tracking device or otherwise enable the
3means by which the movement of the person or property named in
4the tracking device search warrant may be tracked. The tracking
5device search warrant must command the officer to:
6        (1) complete or cause to be completed the installation
7    authorized by the warrant within a specified time no longer
8    than 10 days from the date of issuance of the tracking
9    device search warrant;
10        (2) perform or cause to be performed the installation
11    authorized by the court at any time of any day or night;
12    and
13        (3) return the warrant to the judge designated in the
14    warrant.
15(Source: P.A. 89-377, eff. 8-18-95.)
 
16    (725 ILCS 5/108-6)  (from Ch. 38, par. 108-6)
17    Sec. 108-6. Execution of search warrants.
18    (a) A search The warrant issued under subsection (a) or (b)
19of Section 108-3 of this Act shall be executed within 96 hours
20from the time of issuance. If the warrant is executed the
21duplicate copy shall be left with any person from whom any
22instruments, articles or things are seized or if no person is
23available the copy shall be left at the place from which the
24instruments, articles or things were seized. Any warrant not
25executed within such time shall be void and shall be returned

 

 

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1to the court of the judge issuing the same as "not executed".
2    (b) A tracking device search warrant issued under
3subsection (c) of Section 108-3 of this Act shall specify a
4reasonable length of time that the device may be used. The time
5must not exceed 45 days from the date the tracking device
6search warrant was issued. The court may, for good cause, grant
7one or more extensions for a reasonable period not to exceed 45
8days each. The tracking device search warrant shall command the
9officer to complete, or cause to be completed, the installation
10authorized by the warrant within a specified time no longer
11than 10 days from the time of issuance of the tracking device
12search warrant. The tracking device search warrant authorizes
13the use of the tracking device within the State of Illinois,
14and outside the State of Illinois if the tracking device was
15installed within the State of Illinois or if the interception
16of the tracking device information is occurring within the
17State of Illinois. The officer executing a tracking device
18warrant must enter on it the exact date and time the device was
19installed or otherwise activated, the identity of the
20individual or individuals responsible for the device's
21installation or activation, and the period during which it was
22used. Within 10 days after the use of the tracking device has
23ended, the officer executing the warrant must return it to the
24judge issuing the tracking device search warrant, or before a
25judge named in the tracking device search warrant or before a
26court of competent jurisdiction. Within 10 days after the use

 

 

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1of the tracking device has ended, the officer executing a
2tracking device search warrant must serve a copy of the
3tracking device search warrant on the person who was tracked or
4whose property was tracked. Service may be accomplished by
5delivering a copy to the person who, or whose property, was
6tracked, if known, or by leaving a copy at the person's
7residence or usual place of abode with an individual of
8suitable age and discretion who resides at that location and by
9mailing a copy to the person's last known address. Upon the
10request of the State, the judge may delay notice. A warrant not
11executed within that time shall be void and shall be returned
12to the court of the judge issuing the same as "not executed".
13(Source: Laws 1963, p. 2836.)
 
14    (725 ILCS 5/108-7)  (from Ch. 38, par. 108-7)
15    Sec. 108-7. Command of search warrant.
16    (a) A search The warrant issued under subsection (a) or (b)
17of Section 108-3 of this Act shall command the person directed
18to execute the same to search the place or person particularly
19described in the warrant and to seize the instruments, articles
20or things particularly described in the warrant.
21    (b) A tracking device search warrant issued under
22subsection (c) of Section 108-3 of this Act shall command the
23person directed to execute the warrant to:
24        (1) complete or cause to be completed the installation
25    authorized by the warrant within a specified time no longer

 

 

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1    than 10 days from the date of issuance of the tracking
2    device search warrant;
3        (2) perform or cause to be performed the installation
4    authorized by the court at any time of any day or night;
5    and
6        (3) return the warrant to the judge designated in the
7    warrant.
8    (c) The tracking device search warrant may authorize the
9removal of the tracking device after the use of the tracking
10device has ended from any public place where the tracking
11device may be located.
12(Source: Laws 1963, p. 2836.)
 
13    (725 ILCS 5/108-10)  (from Ch. 38, par. 108-10)
14    Sec. 108-10. Return to court of things seized or data
15collected.
16    (a) Except as provided in subsection (b), a A return of all
17instruments, articles or things seized shall be made without
18unnecessary delay before the judge issuing the warrant or
19before any judge named in the search warrant or before any
20court of competent jurisdiction. An inventory of any
21instruments, articles or things seized shall be filed with the
22return and signed under oath by the officer or person executing
23the warrant. The judge shall upon request deliver a copy of the
24inventory to the person from whom or from whose premises the
25instruments, articles or things were taken and to the applicant

 

 

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