(b) No order entered under this Section shall authorize the interception
of private communications for a period of time in
excess of that necessary
to achieve the objective of the authorization. Every order entered under
this Section shall require that the interception begin and terminate as
soon as practicable and be conducted in such a manner as to minimize the
interception of communications not otherwise subject to interception. No
order, other than for an extension, entered under this Section may authorize
the interception of private communications for
30 days. Extensions of an order may be granted for periods of not more than 30
No extension shall be granted unless an application for it is made in
with Section 108B-4 and the judge makes the findings required by Section
108B-5 and, where necessary, Section 108B-6.
(c) Whenever an order authorizing an interception is entered, the order
shall require reports to be made to the chief judge who issued the order
what progress has been made toward achievement of the authorized objective
and the need for continued interception. The reports shall be made at such
intervals as the judge may require.
(d) An order authorizing the interception of a private
shall, upon request of the applicant, direct that a communications common
carrier, landlord, owner, building operator, custodian, or other person furnish
the applicant forthwith all information, facilities and technical assistance
necessary to accomplish the interception unobtrusively and with
a minimum of interference with the services that the carrier, owner, building
operator, landlord, custodian, or person is affording the person whose
is to be intercepted. The obligation of a communications common carrier
under the order may include conducting an in-progress trace during an
Any communications common carrier, landlord, owner, building operator,
furnishing the facilities or technical assistance shall be compensated by
the applicant at the prevailing rates.
(e) A communications common carrier, landlord, owner, building operator,
custodian, or other person who has been provided with an order issued under
this Article shall not disclose the existence of the order of interception,
or of a device used to accomplish the interception unless:
(1) he is required to do so by legal process; and
(2) he has given prior notification to the State's
(f) An order authorizing the interception of a private
shall, upon the request of the applicant, authorize the entry into the place
or facilities by electronic criminal surveillance officers as often as
for the purpose of installing, maintaining or removing an intercepting device
where the entry is necessary to conduct or complete the interception.
The chief judge who issues the order shall be notified of the fact of each
prior to entry, if practicable, and, in any case, within 48 hours of entry.
(1) Notwithstanding any provision of this Article, any chief judge of a
court of competent jurisdiction to which any application is made under this
Article may take any evidence, make any finding, or issue any order to conform
the proceedings or the issuance of any order to the Constitution of the
United States, or of any law of the United States or to the Constitution of the
State of Illinois or to the laws of Illinois.
(2) When the language of this Article is the same or similar to the language
of Title III of P.L. 90-351 (82 Stat. 211 et seq., codified at, 18 U.S.C.
2510 et seq.), the courts of this State in construing this Article shall
follow the construction given to Federal law by the United States Supreme
Court or United States Court of Appeals for the Seventh Circuit.
(Source: P.A. 92-854, eff. 12-5-02.)