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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

725 ILCS 5/108B-10

    (725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10)
    Sec. 108B-10. Applications, orders, and custody.
    (a) Applications made and orders granted under this Article for the interception of private communications shall be sealed by the chief judge issuing or denying them and held in custody as the judge shall direct. The applications and orders shall be kept for a period of 10 years. Destruction of the applications and orders prior to the expiration of that period of time may be made only upon the order of a court of competent jurisdiction. Disclosure of the applications and orders may be ordered by a court of competent jurisdiction on a showing of good cause.
    (b) The electronic criminal surveillance officer shall retain a copy of applications and orders for the interception of private communications. The applications and orders shall be kept for a period of 10 years. Destruction of the applications and orders prior to the expiration of that period of time may be made only upon an order of a court of competent jurisdiction. Disclosure and use of the applications and orders may be made by an electronic criminal surveillance officer only in the proper performance of his official duties.
    (c) In addition to any other remedies or penalties provided by law, any violation of this Section shall be punishable as contempt of court.
(Source: P.A. 92-854, eff. 12-5-02.)

725 ILCS 5/108B-11

    (725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
    Sec. 108B-11. Inventory.
    (a) Within a reasonable period of time but not later than 90 days after the termination of the period of the order, or its extensions, or the date of the denial of an application made under Section 108B-8, the chief judge issuing or denying the order or extension shall cause an inventory to be served on any person:
        (1) named in the order;
        (2) arrested as a result of the interception of his
    
private communication;
        (3) indicted or otherwise charged as a result of the
    
interception of his private communication;
        (4) whose private communication was intercepted and
    
who the judge issuing or denying the order or application may in his discretion determine should be informed in the interest of justice.

 
    (b) The inventory under this Section shall include:
        (1) notice of the entry of the order or the
    
application for an order denied under Section 108B-8;
        (2) the date of the entry of the order or the denial
    
of an order applied for under Section 108B-8;
        (3) the period of authorized or disapproved
    
interception; and
        (4) the fact that during the period a private
    
communication was or was not intercepted.
    (c) A court of competent jurisdiction, upon filing of a motion, may in its discretion make available to those persons or their attorneys for inspection those portions of the intercepted communications, applications and orders as the court determines to be in the interest of justice.
    (d) On an ex parte showing of good cause to a court of competent jurisdiction, the serving of the inventories required by this Section may be postponed for a period not to exceed 12 months.
(Source: P.A. 95-331, eff. 8-21-07.)

725 ILCS 5/108B-12

    (725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)
    Sec. 108B-12. Approval, notice, suppression.
    (a) If an electronic criminal surveillance officer, while intercepting a private communication in accordance with the provision of this Article, intercepts a private communication that relates to an offense other than an offense enumerated in Section 108B-3 of the Act, or relates to an offense enumerated in Section 108B-3 but not specified in the order of authorization, the State's Attorney, or a person designated in writing or by law to act for him, may, in order to permit the disclosure or use of the information under Section 108B-2a of this Act, make a motion for an order approving the interception. The chief judge of a court of competent jurisdiction shall enter an order approving the interception if he finds that at the time of the application, there existed probable cause to believe that a person whose private communication was intercepted was committing or had committed an offense and the content of the communication relates to that offense, and that the communication was otherwise intercepted in accordance with the provisions of this Article.
    (b) An intercepted private communication, or evidence derived from it, may not be received in evidence or otherwise disclosed in an official proceeding unless each aggrieved person who is a party in the official proceeding, including any proceeding before a legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath or other person taking testimony or depositions in any such proceeding, other than a grand jury, has, not less than 10 days before the official proceeding, been furnished with a copy of the court order, and the accompanying application, under which the interception was authorized or approved. The 10 day period may be waived by the presiding official if he finds that it was not practicable to furnish the person with the information 10 days before the proceeding, and that the person will not be or has not been prejudiced by delay in receiving the information.
    (c) An aggrieved person in an official proceeding may make a motion under this Section to suppress the contents of an intercepted private communication, or evidence derived from it, on the grounds that:
        (1) the communication was unlawfully intercepted;
        (2) the order of authorization or approval under
    
which it was intercepted is insufficient on its face; or
        (3) the interception was not made in conformity with
    
the order of authorization or approval or at the time of the application there was not probable cause to believe that the aggrieved person was committing or had committed the offense to which the content of the private communication relates.
    (d) If a motion under this Section duly alleges that the evidence sought to be suppressed in an official proceeding, including a grand jury, has been derived from an unlawfully intercepted private communication, and if the aggrieved person who is a party has not been served with notice of the interception under this Section, the opponent of the allegation shall, after conducting a thorough search of its files, affirm or deny the occurrence of the alleged unlawful interception, but no motion shall be considered if the alleged unlawful interception took place more than 5 years before the event to which the evidence relates.
    (e) Where a motion is duly made under this Section prior to the appearance of a witness before a grand jury, the opponent of the motion may make such applications and orders as it has available to the chief judge of a court of competent jurisdiction in camera, and if the judge determines that there is no defect in them sufficient on its face to render them invalid, the judge shall inform the witness that he has not been the subject of an unlawful interception. If the judge determines that there is a defect in them sufficient on its face to render them invalid, he shall enter an order prohibiting any question being put to the witness based on the unlawful interception.
    (f) Motions under this Section shall be made prior to the official proceeding unless there was no opportunity to make the motion or unless the aggrieved person who is a party was not aware of the grounds for the motion. Motions by co-indictees shall, on motion of the People, be heard in a single consolidated hearing.
    (g) A chief judge of a court of competent jurisdiction, upon the filing of a motion by an aggrieved person who is a party under this Section, except before a grand jury, may make available for inspection by the aggrieved person or his attorney such portions of the intercepted private communications, applications and orders or the evidence derived from them as the judge determines to be in the interest of justice.
    (h) If a motion under this Section is granted, the intercepted private communication, and evidence derived from it, may not be received in evidence in an official proceeding, including a grand jury.
    (i) In addition to any other right of appeal, the People shall have the right to appeal from an order granting a motion to suppress if the official to whom the order authorizing the interception was granted certifies to the court that the appeal is not taken for purposes of delay. The appeal shall otherwise be taken in accordance with the law.
(Source: P.A. 92-854, eff. 12-5-02.)

725 ILCS 5/108B-13

    (725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
    Sec. 108B-13. Reports concerning use of eavesdropping devices.
    (a) Within 30 days after the expiration of an order and each extension thereof authorizing an interception, or within 30 days after the denial of an application or disapproval of an application subsequent to any alleged emergency situation, the State's Attorney shall report to the Department of State Police the following:
        (1) the fact that such an order, extension, or
    
subsequent approval of an emergency was applied for;
        (2) the kind of order or extension applied for;
        (3) a statement as to whether the order or extension
    
was granted as applied for was modified, or was denied;
        (4) the period authorized by the order or extensions
    
in which an eavesdropping device could be used;
        (5) the offense enumerated in Section 108B-3 which is
    
specified in the order or extension or in the denied application;
        (6) the identity of the applying electronic criminal
    
surveillance officer and agency making the application and the State's Attorney authorizing the application; and
        (7) the nature of the facilities from which or the
    
place where the eavesdropping device was to be used.
    (b) In January of each year the State's Attorney of each county in which an interception occurred pursuant to the provisions of this Article shall report to the Department of State Police the following:
        (1) a general description of the uses of
    
eavesdropping devices actually made under such order to overhear or record conversations, including: (a) the approximate nature and frequency of incriminating conversations overheard, (b) the approximate nature and frequency of other conversations overheard, (c) the approximate number of persons whose conversations were overheard, and (d) the approximate nature, amount, and cost of the manpower and other resources used pursuant to the authorization to use an eavesdropping device;
        (2) the number of arrests resulting from authorized
    
uses of eavesdropping devices and the offenses for which arrests were made;
        (3) the number of trials resulting from such uses of
    
eavesdropping devices;
        (4) the number of motions to suppress made with
    
respect to such uses, and the number granted or denied; and
        (5) the number of convictions resulting from such
    
uses and the offenses for which the convictions were obtained and a general assessment of the importance of the convictions.
    On or before March 1 of each year, the Director of the Department of State Police shall submit to the Governor a report of all intercepts as defined herein conducted pursuant to this Article and terminated during the preceding calendar year. Such report shall include:
        (1) the reports of State's Attorneys forwarded to the
    
Director as required in this Section;
        (2) the number of Department personnel authorized to
    
possess, install, or operate electronic, mechanical, or other devices;
        (3) the number of Department and other law
    
enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this Article during the preceding calendar year;
        (4) the number of electronic criminal surveillance
    
officers trained by the Department;
        (5) the total cost to the Department of all
    
activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided to or by the Department; and
        (6) a summary of the use of eavesdropping devices
    
pursuant to orders of interception including (a) the frequency of use in each county, (b) the frequency of use for each crime enumerated in Section 108B-3 of the Code of Criminal Procedure of 1963, as amended, (c) the type and frequency of eavesdropping device use, and (d) the frequency of use by each police department or law enforcement agency of this State.
    (d) In April of each year, the Director of the Department of State Police and the Governor shall each transmit to the General Assembly reports including information on the number of applications for orders authorizing the use of eavesdropping devices, the number of orders and extensions granted or denied during the preceding calendar year, the convictions arising out of such uses, and a summary of the information required by subsections (a) and (b) of this Section.
    The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)

725 ILCS 5/108B-14

    (725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)
    Sec. 108B-14. Training.
    (a) The Director of the Illinois Department of State Police shall:
        (1) Establish a course of training in the legal,
    
practical, and technical aspects of the interception of private communications and related investigation and prosecution techniques;
        (2) Issue regulations as he finds necessary for the
    
training program;
        (3) In cooperation with the Illinois Law Enforcement
    
Training Standards Board, set minimum standards for certification and periodic recertification of electronic criminal surveillance officers as eligible to apply for orders authorizing the interception of private communications, to conduct the interceptions, and to use the private communications or evidence derived from them in official proceedings; and
        (4) In cooperation with the Illinois Law Enforcement
    
Training Standards Board, revoke or suspend the certification of any electronic criminal surveillance officer who has violated any law relating to electronic criminal surveillance, or any of the guidelines established by the Department for conducting electronic criminal surveillance.
    (b) The Executive Director of the Illinois Law Enforcement Training Standards Board shall:
        (1) Pursuant to the Illinois Police Training Act,
    
review the course of training prescribed by the Department for the purpose of certification relating to reimbursement of expenses incurred by local law enforcement agencies participating in the electronic criminal surveillance officer training process, and
        (2) Assist the Department in establishing minimum
    
standards for certification and periodic recertification of electronic criminal surveillance officers as being eligible to apply for orders authorizing the interception of private communications, to conduct the interpretations, and to use the communications or evidence derived from them in official proceedings.
(Source: P.A. 92-854, eff. 12-5-02.)

725 ILCS 5/Tit. III

 
    (725 ILCS 5/Tit. III heading)
TITLE III. PROCEEDINGS AFTER ARREST