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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 5/108A-5
(725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5)
Sec. 108A-5.
Orders Authorizing Use of an Eavesdropping Device.
(a) Each order authorizing or approving the use of an
eavesdropping device shall specify:
(1) the identity of the person who has consented to | | the use of the device to monitor any of his conversations and a requirement that any conversation overheard or received must include this person;
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(2) the identity of the other person or persons, if
| | known, who will participate in the conversation;
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(3) the period of time in which the use of the device
| | is authorized, including a statement as to whether or not the use shall automatically terminate when the described conversations have been first obtained.
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(b) No order entered under this section may authorize
or approve the use of any eavesdropping device for any period longer than
30 days. An
initial or a subsequent extension, in no case for more than
30 days each, of an order may be granted but only upon
application made in accordance with Section 108A-3 and where
the court makes the findings required in Section 108A-4.
(Source: P.A. 92-413, eff. 8-17-01.)
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725 ILCS 5/108A-6
(725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6)
Sec. 108A-6.
Emergency Exception to Procedures.
(a) Notwithstanding any other provisions of this Article,
any investigative or law enforcement officer, upon approval of
a State's Attorney, or without it if a reasonable effort has
been made to contact the appropriate State's Attorney, may use
an eavesdropping device in an emergency situation as defined
in this Section. Such use must be in accordance with the
provisions of this Section and may be allowed only where the officer
reasonably believes that an order permitting the use of the
device would issue were there a prior hearing.
An emergency situation exists when, without previous
notice to the law enforcement officer sufficient to obtain
prior judicial approval, the conversation to be overheard or
recorded will occur within a short period of time, the use
of the device is necessary for the protection of the law enforcement
officer or it will occur in a situation involving a clear and present
danger of imminent death or great bodily harm to persons resulting from:
(1) a kidnapping or the holding of a hostage by force or the threat of the
imminent use of force; or (2) the occupation by force or the threat of the
imminent use of force of any premises, place, vehicle, vessel or aircraft; or
(3) any violation of Article 29D.
(b) In all such cases, an application for an order approving
the previous or continuing use of an eavesdropping
device must be made within 48 hours of the commencement of
such use. In the absence of such an order, or upon its denial,
any continuing use shall immediately terminate.
In order to approve such emergency use, the judge must
make a determination (1) that he would have granted an order
had the information been before the court prior to the use of
the device and (2) that there was an emergency situation as
defined in this Section.
(c) In the event that an application for approval under this Section is
denied the contents of the conversations overheard or recorded shall be
treated as having been obtained in violation of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
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725 ILCS 5/108A-7
(725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
Sec. 108A-7. Retention and review of recordings.
(a) The contents of any conversation overheard by any
eavesdropping device shall, if possible, be recorded on tape
or a comparable device. The recording of the contents of a
conversation under this Article shall be done in such a way
as will protect the recording from editing or other alterations.
(b) Immediately after the expiration of the period of
the order or extension or, where the recording was made in an
emergency situation as defined in Section 108A-6, at the time of
the request for approval subsequent to the emergency, all such
recordings shall be made available to the judge issuing the
order or hearing the application for approval of an emergency application.
The judge shall listen to the tapes, determine if the conversations
thereon are within his order or were appropriately
made in emergency situations, and make a record of such determination
to be retained with the tapes.
The recordings shall be sealed under the instructions of
the judge and custody shall be where he orders. Such recordings
shall not be destroyed except upon order of the judge hearing
the application and in any event shall be kept for 10 years
if not destroyed upon his order.
Duplicate recordings may be made for any use or disclosure
authorized by this Article. The presence of the seal
provided for in this Section or a satisfactory explanation for the
absence thereof shall be a pre-requisite for the use or
disclosure of the contents of the recordings or any evidence derived therefrom.
(c) Applications made and orders granted under this
Article shall be sealed by the judge. Custody of the applications
and orders shall be wherever the judge requests.
Such applications and orders shall be disclosed only upon a
showing of good cause before a judge. Such documents shall
not be destroyed except on the order of the issuing or
denying judge or after the expiration of 10 years time if
not destroyed upon his order. As used in this subsection, "sealed" has the same meaning as in paragraph (4) of subsection (b) of Section 5 of the Court Record and Document Accessibility Act.
(Source: P.A. 103-166, eff. 1-1-24 .)
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725 ILCS 5/108A-8
(725 ILCS 5/108A-8) (from Ch. 38, par. 108A-8)
Sec. 108A-8.
Notice to Parties Overheard.
(a) Within a reasonable time, but not later than 90 days
after either the filing of an application for an order of
authorization or approval which is denied or not later than 90 days after the
termination of the period of an order or extension thereof,
the issuing or denying judge shall cause to be served on
the persons named in the order or application and such other
persons in the recorded conversation as the judge may determine
that justice requires be notified, a notice of the transaction
involving any requested or completed use of an eavesdropping
device which shall include:
(1) notice of the entry of an order, of subsequent
approval in an emergency situation, or the denial
of an application;
(2) the date of the entry, approval, or denial;
(3) the period of the authorized use of any eavesdropping
device; and
(4) notice of whether during the period of eavesdropping
devices were or were not used to overhear and
record various conversations and whether or not
such conversations are recorded.
On an ex parte showing of good cause, the notice required
by this subsection may be postponed.
(b) Upon the filing of a motion, the judge may in his
discretion make available to such person or his attorney for
inspection such portions of the recorded conversations or the
applications and orders as the judge determines it would be
in the interest of justice to make available.
(c) The contents of any recorded conversation or
evidence derived therefrom shall not be received in evidence
or otherwise disclosed in any trial, hearing, or other judicial
or administrative proceeding unless each party not less than
10 days before such a proceeding has been furnished with a
copy of the court order and accompanying application under
which the recording was authorized or approved and has had an
opportunity to examine the portion of the tapes to be introduced
or relied upon. Such 10 day period may be waived by
the judge if he finds that it was not possible to furnish the
party with such information within the stated period and that
the party will not be materially prejudiced by the delay in
receiving such information.
(Source: P.A. 79-1159.)
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725 ILCS 5/108A-9
(725 ILCS 5/108A-9) (from Ch. 38, par. 108A-9)
Sec. 108A-9.
Motion to Suppress Contents of Recording, etc.
(a) Any aggrieved person in any judicial or administrative
proceeding may move to suppress the contents of any recorded
conversation or evidence derived therefrom on the grounds that:
(1) the conversation was unlawfully overheard and recorded;
(2) the order of authorization or approval under
which the device was used or a recording made was
improperly granted; or
(3) the recording or interception was not made in
conformity with the order of authorization.
(b) Such a motion shall be made before the proceeding
unless there was no previous opportunity for such motion. If
the motion is granted, the contents shall be treated as having
been obtained in violation of this Article. Upon the filing
of such a motion, the judge may in his discretion make
available to the moving party or his attorney such portions
of the recorded conversation or evidence derived therefrom as
the judge determines to be in the interests of justice.
(Source: P.A. 79-1159.)
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725 ILCS 5/108A-10
(725 ILCS 5/108A-10) (from Ch. 38, par. 108A-10)
Sec. 108A-10.
Appeal by State.
In addition to any other
right to appeal, the State shall have the right to appeal
from a denial of an application for an order of authorization
or approval and the right to appeal the granting of a motion
to suppress.
Where the State appeals, such appeal shall be taken within
30 days after the date the order was denied or motion granted
and shall be diligently prosecuted.
(Source: P.A. 79-1159.)
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725 ILCS 5/108A-11
(725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
Sec. 108A-11. Reports concerning use of eavesdropping devices. (a) In January of each year the State's Attorney of each county in which
eavesdropping devices were used pursuant to the provisions of this
Article shall report to the Illinois State Police the
following with respect to each application for an order authorizing the
use of an eavesdropping device, or an extension thereof, made during the
preceding calendar year:
(1) the fact that such an order, extension, or | | subsequent approval of an emergency was applied for;
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(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;
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(4) the period authorized by the order or extensions
| | in which an eavesdropping device could be used;
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(5) the felony specified in the order extension or
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(6) the identity of the applying investigative or law
| | enforcement officer and agency making the application and the State's Attorney authorizing the application; and
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(7) the nature of the facilities from which or the
| | place where the eavesdropping device was to be used.
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(b) Such report shall also include the following:
(1) a general description of the uses of
| | eavesdropping devices actually made under such order to overheard 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;
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(2) the number of arrests resulting from authorized
| | uses of eavesdropping devices and the offenses for which arrests were made;
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(3) the number of trials resulting from such uses of
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(4) the number of motions to suppress made with
| | respect to such uses, and the number granted or denied; and
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(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.
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(c) In April of each year, the Illinois State Police
shall transmit to the General Assembly
a report 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, and the convictions arising
out of such uses.
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. 102-538, eff. 8-20-21.)
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725 ILCS 5/Art. 108B
(725 ILCS 5/Art. 108B heading)
ARTICLE 108B.
ELECTRONIC CRIMINAL SURVEILLANCE
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725 ILCS 5/108B-1
(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
Sec. 108B-1. Definitions. For the purpose of this Article:
(a) "Aggrieved person" means a person who was a party to any intercepted
private communication or any person against
whom the intercept was directed.
(b) "Chief Judge" means, when referring to a judge authorized to receive
application for, and to enter orders authorizing, interceptions of private
communications, the Chief Judge of the Circuit
Court wherein the application for order of interception is filed, or a Circuit
Judge
designated by the Chief Judge to enter these orders. In circuits other than
the Cook County Circuit, "Chief Judge" also means, when referring to a
judge authorized to receive application for, and to enter orders
authorizing, interceptions of private
communications, an Associate
Judge authorized by Supreme Court Rule to try felony cases who is assigned
by the Chief Judge to enter these orders. After assignment by the Chief
Judge, an Associate Judge shall have plenary authority to issue orders
without additional authorization for each specific application made to him
by the State's Attorney until the time the
Associate
Judge's power is rescinded by the Chief Judge.
(c) "Communications common carrier" means any person engaged as a common
carrier in the transmission of communications by wire or radio,
not including radio broadcasting.
(d) "Contents" includes information obtained from
a private
communication concerning the existence, substance,
purport or meaning of the communication, or the identity of a party of the
communication.
(e) "Court of competent jurisdiction" means any circuit court.
(f) (Blank).
(g) "Director" means Director of the Illinois State Police.
(g-1) "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted in
whole or part by a wire, radio, pager, computer, or electromagnetic, photo
electronic, or photo optical system where the sending and receiving parties
intend the electronic communication to be private and the interception,
recording, or transcription of the electronic communication is accomplished by
a device in a surreptitious manner contrary to the provisions of this Article.
"Electronic communication" does not include:
(1) any wire or oral communication; or
(2) any communication from a tracking device.
(h) "Electronic criminal surveillance device" or "eavesdropping device"
means any device or apparatus, or computer program including an induction
coil, that can be used to intercept private
communication other than:
(1) Any telephone, telegraph or telecommunication | | instrument, equipment or facility, or any component of it, furnished to the subscriber or user by a communication common carrier in the ordinary course of its business, or purchased by any person and being used by the subscriber, user or person in the ordinary course of his business, or being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or
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(2) A hearing aid or similar device being used to
| | correct subnormal hearing to not better than normal.
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(i) "Electronic criminal surveillance officer" means any law enforcement
officer or retired law enforcement officer of the United States or of the State
or political subdivision of
it, or of another State, or of a political subdivision of it, who is
certified by the Illinois State Police to intercept private
communications.
A retired law enforcement officer may be certified by the Illinois State
Police only to (i) prepare petitions for the authority to intercept private
communications in accordance with the provisions of this Act; (ii)
intercept and supervise the interception of private communications;
(iii)
handle, safeguard, and use evidence derived from such private
communications; and (iv) operate and maintain equipment used to intercept
private
communications.
(j) "In-progress trace" means to determine the origin of a wire
communication to a telephone or telegraph instrument, equipment or facility
during the course of the communication.
(k) "Intercept" means the aural or other acquisition of the contents of
any private communication through the use of any
electronic criminal
surveillance device.
(l) "Journalist" means a person engaged in, connected with, or employed
by news media, including newspapers, magazines, press associations, news
agencies, wire services, radio, television or other similar media, for the
purpose of gathering, processing, transmitting, compiling, editing or
disseminating news for the general public.
(m) "Law enforcement agency" means any law enforcement agency of the
United States, or the State or a political subdivision of it.
(n) "Oral communication" means human speech used to
communicate by one
party to another, in person, by wire communication or by any other means.
(o) "Private communication" means a wire,
oral, or electronic communication
uttered or transmitted by a person exhibiting an expectation that the
communication is not
subject to interception, under circumstances reasonably justifying the
expectation. Circumstances that reasonably justify the expectation that
a communication is not subject to interception include the use of a
cordless telephone or cellular communication device.
(p) "Wire communication" means any human speech used to communicate by
one party to another in whole or in part through the use of facilities for
the transmission of communications by wire, cable or other like
connection between the point of origin and the point of reception
furnished or operated by a communications common carrier.
(q) "Privileged communications" means a private
communication between:
(1) a licensed and practicing physician and a patient
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(2) a licensed and practicing psychologist to a
| | patient within the scope of the profession of the psychologist;
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(3) a licensed and practicing attorney-at-law and a
| | client within the scope of the profession of the lawyer;
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(4) a practicing clergyman and a confidant within the
| | scope of the profession of the clergyman;
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(5) a practicing journalist within the scope of his
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(6) spouses within the scope of their marital
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(7) a licensed and practicing social worker to a
| | client within the scope of the profession of the social worker.
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(r) "Retired law
enforcement officer" means a person: (1) who is a graduate of a
police training institute or academy, who after graduating served for
at least 15 consecutive years as a sworn, full-time peace officer
qualified to carry firearms for any federal or State department or
agency or for any unit of local government of Illinois; (2) who has
retired as a local, State, or federal peace officer in a
publicly created peace officer retirement system; and (3) whose
service in law enforcement was honorably terminated through
retirement or disability and not as a result of discipline, suspension,
or discharge.
(Source: P.A. 102-538, eff. 8-20-21.)
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725 ILCS 5/108B-1.5
(725 ILCS 5/108B-1.5)
Sec. 108B-1.5.
Retired law enforcement officer.
Nothing in this
Article authorizes a retired law enforcement officer to display or use a
firearm at any time.
(Source: P.A. 92-863, eff. 1-3-03.)
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725 ILCS 5/108B-2
(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)
Sec. 108B-2. Request for application for interception.
(a) A State's Attorney may apply for an order
authorizing interception of private communications in
accordance with the provisions of this Article.
(b) The head of a law enforcement agency, including, for purposes of
this subsection, the acting head of such law enforcement agency if the head
of such agency is absent or unable to serve, may request that a State's
Attorney apply for an order authorizing
interception of private communications in accordance with
the provisions of this Article.
Upon request of a law enforcement agency, the Illinois State Police may provide
technical assistance to such an agency which is authorized to conduct an
interception.
(Source: P.A. 102-538, eff. 8-20-21.)
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725 ILCS 5/108B-2a
(725 ILCS 5/108B-2a) (from Ch. 38, par. 108B-2a)
Sec. 108B-2a.
Authorized disclosure or use of information.
(a) Any law
enforcement officer who, by any means authorized in this Article, has
obtained knowledge of the contents of any conversation overheard or
recorded by use of an eavesdropping device or evidence derived therefrom,
may disclose such contents to another law enforcement officer or
prosecuting attorney to the extent that such disclosure is appropriate to
the proper performance of the official duties of the person making or
receiving the disclosure.
(b) Any investigative officer, including any attorney authorized by law
to prosecute or participate in the prosecution of offenses enumerated in
Section 108B-3 of this Act or law
enforcement officer who, by any means
authorized in this Article, has obtained knowledge of the contents of any
conversation overheard or recorded by use of an eavesdropping device or
evidence derived therefrom, may use the contents to the extent such use is
appropriate to the proper performance of his official duties.
(c) Admissibility into evidence in any judicial, administrative, or
legislative proceeding shall be as elsewhere described in this Article.
(Source: P.A. 85-1203.)
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725 ILCS 5/108B-3 (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) Sec. 108B-3. Authorization for the interception of private
communication. (a) The State's Attorney, or a person
designated in writing or
by law to act for him and to perform his duties during his absence or
disability, may authorize, in writing, an ex parte application to the chief
judge of a court of competent jurisdiction for an order authorizing the
interception of a private communication when no
party has consented to
the interception and (i) the interception may provide evidence of, or may
assist in the apprehension of a person who has committed, is committing or
is about to commit, a violation of Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation of murder for hire), 9-1 (first degree murder), 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons), paragraph (1), (2), or (3) of subsection (a) of Section 11-14.4 (promoting juvenile prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a minor engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a minor engaged in prostitution), 11-19.1 (juvenile pimping and aggravated juvenile pimping), or 29B-1
(money laundering) of the Criminal Code of 1961 or the Criminal Code of 2012,
Section 401, 401.1 (controlled substance
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of the Illinois
Controlled Substances Act or any Section of the Methamphetamine Control and Community Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of 2012
or conspiracy to commit money laundering or
conspiracy to commit first degree murder; (ii)
in response to a clear and present danger of imminent death or great bodily
harm to persons resulting from: (1) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of force; or (2) the
occupation by force or the threat of the imminent use of force of any
premises, place, vehicle, vessel or aircraft; (iii) to aid an investigation
or prosecution of a civil action brought under the Illinois Streetgang
Terrorism Omnibus Prevention Act when there is probable cause to
believe the
interception of the private communication will
provide evidence that a
streetgang is committing, has committed, or will commit a second or subsequent
gang-related offense or that the interception of the private
communication
will aid in the collection of a judgment entered under that Act; or (iv)
upon
information and belief that a streetgang has committed, is committing, or is
about to commit a felony. (b) The State's Attorney or a person designated in writing or by law to
act for the State's Attorney and to perform his or her duties during his or her
absence or disability, may authorize, in writing, an ex parte application to
the chief judge of a circuit court for an order authorizing
the interception of a private communication when no
party has consented to the interception and the interception may provide
evidence of, or may assist in the apprehension of a person who has committed,
is committing or is about to commit, a violation of an offense under Article
29D of the Criminal Code of 1961 or the Criminal Code of 2012. (b-1) Subsection (b) is inoperative on and after January 1, 2005. (b-2) No conversations recorded or monitored pursuant to subsection (b)
shall be made inadmissible in a court of law by virtue of subsection (b-1). (c) As used in this Section, "streetgang" and "gang-related" have the
meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
725 ILCS 5/108B-4
(725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4)
Sec. 108B-4.
Application for order of interception.
(a) Each application for an order of authorization to intercept a private
communication shall be made in writing upon oath
or affirmation and shall include:
(1) the authority of the applicant to make the | |
(2) the identity of the electronic criminal
| | surveillance officer for whom the authority to intercept a private communication is sought;
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(3) the facts relied upon by the applicant including:
(i) the identity of the particular person, if
| | known, who is committing, is about to commit, or has committed the offense and whose private communication is to be intercepted;
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(ii) the details as to the particular offense
| | that has been, is being, or is about to be committed;
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(iii) the particular type of private
| | communication to be intercepted;
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(iv) except as provided in Section 108B-7.5, a
| | showing that there is probable cause to believe that the private communication will be communicated on the particular wire or electronic communication facility involved or at the particular place where the oral communication is to be intercepted;
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(v) except as provided in Section 108B-7.5, the
| | character and location of the particular wire or electronic communication facilities involved or the particular place where the oral communication is to be intercepted;
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(vi) the objective of the investigation;
(vii) a statement of the period of time for which
| | the interception is required to be maintained, and, if the objective of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will continue to occur;
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(viii) a particular statement of facts showing
| | that other normal investigative procedures with respect to the offense have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or are too dangerous to employ;
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(4) where the application is for the extension of an
| | order, a statement of facts showing the results obtained from the interception, or a reasonable explanation of the failure to obtain results;
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(5) a statement of the facts concerning all previous
| | applications known to the applicant made to any court for authorization to intercept a private communication involving any of the same facilities or places specified in the application or involving any person whose communication is to be intercepted, and the action taken by the court on each application;
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(6) a proposed order of authorization for
| | consideration by the judge; and
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(7) such additional statements of facts in support of
| | the application on which the applicant may rely or as the chief judge may require.
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(b) As part of the consideration of that part of an application for which
there is no corroborative evidence offered, the chief judge may inquire in
camera
as to the identity of any informant or request any other additional information
concerning the basis upon which the State's Attorney,
or the head of the
law enforcement agency
has relied in making an application or a request for application for the
order of authorization which
the chief judge finds relevant
to the determination of probable cause under this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
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725 ILCS 5/108B-5
(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
Sec. 108B-5. Requirements for order of interception.
(a) Upon consideration of an application, the chief judge may enter an
ex parte order, as requested or as modified, authorizing the interception of
a private communication, if the chief judge determines on the basis of the
application submitted by the applicant, that:
(1) There is probable cause for belief that (A) the | | person whose private communication is to be intercepted is committing, has committed, or is about to commit an offense enumerated in Section 108B-3, or (B) the facilities from which, or the place where, the private communication is to be intercepted, is, has been, or is about to be used in connection with the commission of the offense, or is leased to, listed in the name of, or commonly used by, the person; and
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(2) There is probable cause for belief that a
| | particular private communication concerning such offense may be obtained through the interception; and
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(3) Normal investigative procedures with respect to
| | the offense have been tried and have failed or reasonably appear to be unlikely to succeed if tried or too dangerous to employ; and
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(4) The electronic criminal surveillance officers to
| | be authorized to supervise the interception of the private communication have been certified by the Illinois State Police.
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(b) In the case of an application, other than for an extension, for an
order to intercept a communication of a person or on a wire communication
facility that was the subject of a previous order authorizing interception,
the application shall be based upon new evidence or information different from
and in addition to the evidence or information offered to support the prior
order, regardless of whether the evidence was derived from prior interceptions
or from other sources.
(c) The chief judge may authorize interception of a private
communication anywhere in the judicial circuit. If the
court authorizes
the use of an eavesdropping device with respect to a vehicle, watercraft,
or aircraft that is within the judicial circuit at the time the order is
issued, the order may provide that the interception may continue anywhere
within the State if the vehicle, watercraft, or aircraft leaves the
judicial circuit.
(Source: P.A. 102-538, eff. 8-20-21.)
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725 ILCS 5/108B-6
(725 ILCS 5/108B-6) (from Ch. 38, par. 108B-6)
Sec. 108B-6.
Privileged communications.
Nothing in this Article shall
be construed to authorize the interception, disclosure or use of
information obtained from privileged communications.
(Source: P.A. 85-1203.)
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725 ILCS 5/108B-7
(725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7)
Sec. 108B-7.
Contents of order for use of eavesdropping device.
(a) Each order authorizing the interception of a private
communication shall state:
(1) the chief judge is authorized to issue the order;
(2) the identity of, or a particular description of, | | the person, if known, whose private communications are to be intercepted;
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(3) the character and location of the particular wire
| | communication facilities as to which, or the particular place of the communications as to which, authority to intercept is granted;
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(4) a particular description of the type of private
| | communication to be intercepted and a statement of the particular offense to which it relates;
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(5) the identity and certification of the electronic
| | criminal surveillance officers to whom the authority to intercept a private communication is given and the identity of the person who authorized the application; and
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(6) the period of time during which the interception
| | is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
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(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
any
period exceeding
30 days. Extensions of an order may be granted for periods of not more than 30
days.
No extension shall be granted unless an application for it is made in
accordance
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
showing
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
communication
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
communication
is to be intercepted. The obligation of a communications common carrier
under the order may include conducting an in-progress trace during an
interception.
Any communications common carrier, landlord, owner, building operator,
custodian,
or person
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
| | Attorney, who has authorized the application for the order.
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(f) An order authorizing the interception of a private
communication
shall, upon the request of the applicant, authorize the entry into the place
or facilities by electronic criminal surveillance officers as often as
necessary
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
entry
prior to entry, if practicable, and, in any case, within 48 hours of entry.
(g) (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.)
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725 ILCS 5/108B-7.5
(725 ILCS 5/108B-7.5)
Sec. 108B-7.5. Applicability.
(a) The requirements of
subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article
relating to the specification of
the facilities from which, or the place where, the communication is to be
intercepted do not apply if:
(1) in the case of an application with respect to the | | interception of an oral communication:
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(A) the application is by the State's Attorney,
| | or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability;
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(B) the application contains a full and complete
| | statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted;
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(C) the judge finds that such specification is
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(D) the order sought is in connection with an
| | investigation of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
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(2) in the case of an application with respect to a
| | wire or electronic communication:
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(A) the application is by the State's Attorney,
| | or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability;
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(B) the application identifies the person
| | believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;
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(C) the judge finds that such showing has been
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(D) the order authorizing or approving the
| | interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted; and
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(E) the order sought is in connection with an
| | investigation of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
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(b) An interception of a communication under an order with respect to which
the requirements of
subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article do
not apply by reason of this Section
shall not begin until the place where the communication is to be intercepted is
ascertained by the person implementing the interception order. A provider of
wire or electronic communications service that has received an order as
provided for in subdivision (a)(2) may upon notice to the People move the court
to modify or quash the
order on the ground that its assistance with respect to the interception cannot
be performed in a timely or reasonable fashion. The court
shall decide such a motion expeditiously.
(Source: P.A. 97-1150, eff. 1-25-13.)
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