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Full Text of SB3701  97th General Assembly

SB3701sam001 97TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 3/22/2012

 

 


 

 


 
09700SB3701sam001LRB097 18498 RLC 67744 a

1
AMENDMENT TO SENATE BILL 3701

2    AMENDMENT NO. ______. Amend Senate Bill 3701 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    commission of, or which may constitute evidence of, the
2    offense in connection with which the warrant is issued; or
3    contraband, the fruits of crime, or things otherwise
4    criminally possessed.
5        (2) Any person who has been kidnaped in violation of
6    the laws of this State, or who has been kidnaped in another
7    jurisdiction and is now concealed within this State, or any
8    human fetus or human corpse.
9    (b) When the things to be seized are the work product of,
10or used in the ordinary course of business, and in the
11possession, custody, or control of any person known to be
12engaged in the gathering or dissemination of news for the print
13or broadcast media, no judge may issue a search warrant unless
14the requirements set forth in subsection (a) are satisfied and
15there is probable cause to believe that:
16        (1) such person has committed or is committing a
17    criminal offense; or
18        (2) the things to be seized will be destroyed or
19    removed from the State if the search warrant is not issued.
20    (c) Upon the written complaint of a person under oath or
21affirmation which states facts sufficient to show probable
22cause to install and use a tracking device, a judge may issue a
23search warrant to install or otherwise activate and use a
24tracking device. As used in this Section, "tracking device"
25means an electronic or mechanical device which permits the
26tracking of the movement of a person or object. A tracking

 

 

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1device search warrant must identify the person or property to
2be tracked, if known, designate the judge to whom it must be
3returned, and specify a reasonable length of time that the
4device may be used. The time must not exceed 45 days from the
5date the tracking device search warrant was issued. The court
6may, for good cause, grant one or more extensions for a
7reasonable period not to exceed 45 days each. The warrant may
8authorize or direct a third-party to perform the physical
9installation of the tracking device or otherwise enable the
10means by which the movement of the person or property named in
11the tracking device search warrant may be tracked. The tracking
12device search warrant must command the officer to:
13        (1) complete or cause to be completed the installation
14    authorized by the warrant within a specified time no longer
15    than 10 days from the date of issuance of the tracking
16    device search warrant;
17        (2) perform or cause to be performed the installation
18    authorized by the court at any time of any day or night;
19    and
20        (3) return the warrant to the judge designated in the
21    warrant.
22(Source: P.A. 89-377, eff. 8-18-95.)
 
23    (725 ILCS 5/108-6)  (from Ch. 38, par. 108-6)
24    Sec. 108-6. Execution of search warrants.
25    (a) A search The warrant issued under subsection (a) or (b)

 

 

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1of Section 108-3 of this Act shall be executed within 96 hours
2from the time of issuance. If the warrant is executed the
3duplicate copy shall be left with any person from whom any
4instruments, articles or things are seized or if no person is
5available the copy shall be left at the place from which the
6instruments, articles or things were seized. Any warrant not
7executed within such time shall be void and shall be returned
8to the court of the judge issuing the same as "not executed".
9    (b) A tracking device search warrant issued under
10subsection (c) of Section 108-3 of this Act shall specify a
11reasonable length of time that the device may be used. The time
12must not exceed 45 days from the date the tracking device
13search warrant was issued. The court may, for good cause, grant
14one or more extensions for a reasonable period not to exceed 45
15days each. The tracking device search warrant shall command the
16officer to complete, or cause to be completed, the installation
17authorized by the warrant within a specified time no longer
18than 10 days from the time of issuance of the tracking device
19search warrant. The tracking device search warrant authorizes
20the use of the tracking device within the State of Illinois,
21and outside the State of Illinois if the tracking device was
22installed within the State of Illinois or if the interception
23of the tracking device information is occurring within the
24State of Illinois. The officer executing a tracking device
25warrant must enter on it the exact date and time the device was
26installed or otherwise activated, the identity of the

 

 

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1individual or individuals responsible for the device's
2installation or activation, and the period during which it was
3used. Within 10 days after the use of the tracking device has
4ended, the officer executing the warrant must return it to the
5judge issuing the tracking device search warrant, or before a
6judge named in the tracking device search warrant or before a
7court of competent jurisdiction. Within 10 days after the use
8of the tracking device has ended, the officer executing a
9tracking device search warrant must serve a copy of the
10tracking device search warrant on the person who was tracked or
11whose property was tracked. Service may be accomplished by
12delivering a copy to the person who, or whose property, was
13tracked, if known, or by leaving a copy at the person's
14residence or usual place of abode with an individual of
15suitable age and discretion who resides at that location and by
16mailing a copy to the person's last known address. Upon the
17request of the State, the judge may delay notice. A warrant not
18executed within that time shall be void and shall be returned
19to the court of the judge issuing the same as "not executed."
20(Source: Laws 1963, p. 2836.)
 
21    (725 ILCS 5/108-7)  (from Ch. 38, par. 108-7)
22    Sec. 108-7. Command of search warrant.
23    (a) A search The warrant issued under subsection (a) or (b)
24of Section 108-3 of this Act shall command the person directed
25to execute the same to search the place or person particularly

 

 

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1described in the warrant and to seize the instruments, articles
2or things particularly described in the warrant.
3    (b) A tracking device search warrant issued under
4subsection (c) of Section 108-3 of this Act shall command the
5person directed to execute the warrant 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    (c) The tracking device search warrant may authorize the
16removal of the tracking device after the use of the tracking
17device has ended from any public place where the tracking
18device may be located.
19(Source: Laws 1963, p. 2836.)
 
20    (725 ILCS 5/108-10)  (from Ch. 38, par. 108-10)
21    Sec. 108-10. Return to court of things seized or data
22collected.
23    (a) Except as provided in subsection (b), a A return of all
24instruments, articles or things seized shall be made without
25unnecessary delay before the judge issuing the warrant or

 

 

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1before any judge named in the search warrant or before any
2court of competent jurisdiction. An inventory of any
3instruments, articles or things seized shall be filed with the
4return and signed under oath by the officer or person executing
5the warrant. The judge shall upon request deliver a copy of the
6inventory to the person from whom or from whose premises the
7instruments, articles or things were taken and to the applicant
8for the warrant.
9    (b) Within 10 days after the use of the tracking device has
10ended, the officer executing the tracking device search warrant
11must return it to the judge issuing the tracking device search
12warrant, or before a judge named in the tracking device search
13warrant or before a court of competent jurisdiction. The return
14may take the form of a printout, or electronic copy, of the
15electronic tracking device data.
16(Source: Laws 1963, p. 2836.)".