SB3170 98TH GENERAL ASSEMBLY

LRB098 19998 MRW 55225 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3170

Introduced 2/11/2014, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

725 ILCS 5/108-3

from Ch. 38, par. 108-3

Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section on grounds for a search warrant.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 108-3 as follows:

(725 ILCS 5/108-3) (from Ch. 38, par. 108-3)

Sec. 108-3. Grounds for search warrant.

(a) Except as provided in subsection (b), upon the the written complaint of any person under oath or affirmation which states facts sufficient to show probable cause and which particularly describes the place or person, or both, to be searched and the things to be seized, any judge may issue a search warrant for the seizure of the following:

(1) Any instruments, articles or things designed or intended for use or which are or have been used in the commission of, or which may constitute evidence of, the offense in connection with which the warrant is issued; or contraband, the fruits of crime, or things otherwise criminally possessed.

(2) Any person who has been kidnaped in violation of the laws of this State, or who has been kidnaped in another jurisdiction and is now concealed within this State, or any human fetus or human corpse.

(b) When the things to be seized are the work product of, or used in the ordinary course of business, and in the possession, custody, or control of any person known to be engaged in the gathering or dissemination of news for the print or broadcast media, no judge may issue a search warrant unless the requirements set forth in subsection (a) are satisfied and there is probable cause to believe that:

(1) such person has committed or is committing a criminal offense; or

(2) the things to be seized will be destroyed or removed from the State if the search warrant is not issued.

(Source: P.A. 89-377, eff. 8-18-95.)