| |
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-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:
|
|
(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;
|
|
(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;
|
|
(C) the judge finds that such specification is
| |
(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.
|
|
(2) in the case of an application with respect to a
| | wire or electronic communication:
|
|
(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;
|
|
(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;
|
|
(C) the judge finds that such showing has been
| |
(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
|
|
(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.
|
|
(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.)
|
725 ILCS 5/108B-8
(725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
Sec. 108B-8. Emergency use of eavesdropping device.
(a) Whenever,
upon informal application by the State's Attorney,
a chief judge of competent jurisdiction determines that:
(1) there may be grounds upon which an order could be | | issued under this Article;
|
|
(2) there is probable cause to believe that an
| | emergency situation exists with respect to the investigation of an offense enumerated in Section 108B-3; and
|
|
(3) there is probable cause to believe that a
| | substantial danger to life or limb exists justifying the authorization for immediate interception of a private communication before formal application for an order could with due diligence be submitted to him and acted upon; the chief judge may grant oral approval for an interception, without an order, conditioned upon the filing with him, within 48 hours, of an application for an order under Section 108B-4 which shall also recite the oral approval under this Section and be retroactive to the time of the oral approval.
|
|
(b) Interception under oral approval under this Section shall immediately
terminate when the communication sought is obtained or when the application
for an order is denied, whichever is earlier.
(c) In the event no formal application for an order is subsequently made
under this Section,
the content of any private communication
intercepted under oral approval
under this Section shall be treated as having been obtained in violation
of this Article.
(d) In the event no application for an order is made under this Section
or an application made under this Section is subsequently denied, the judge
shall cause an
inventory to be served under Section 108B-11 of this Article and shall require
the tape or other recording of the intercepted communication to be delivered
to, and sealed by, the judge. The evidence shall be retained by the court,
and it shall not be used or disclosed in any legal proceeding, except a
civil action brought by an aggrieved person under Section 14-6 of the Criminal
Code of 1961 or the Criminal Code of 2012, or as otherwise authorized by the order of a court of competent
jurisdiction. In addition to other remedies or penalties provided by law,
failure to deliver any tape or other recording to the chief judge shall be
punishable
as contempt by the judge directing the delivery.
(Source: P.A. 97-1150, eff. 1-25-13.)
|
725 ILCS 5/108B-9
(725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)
Sec. 108B-9.
Recordings, records and custody.
(a) Any private
communication intercepted in accordance with this Article shall, if
practicable, be recorded by tape or other comparable method. The recording
shall, if practicable, be done in such a way as will protect it from
editing or other alteration. During an interception, the interception
shall be carried out by an electronic criminal surveillance officer, and,
if practicable, such officer shall keep a signed, written record, including:
(1) the date and hours of surveillance;
(2) the time and duration of each intercepted | |
(3) the parties, if known, to each intercepted
| |
(4) a summary of the contents of each intercepted
| |
(b) Immediately upon the expiration of the order or its extensions, the
tapes and other recordings shall be transferred to the chief judge issuing the
order and sealed under his direction. Custody of the tapes, or other
recordings, shall be maintained wherever the chief judge directs. They
shall not be destroyed except upon an order of a court of competent
jurisdiction and in any event shall be kept for 10 years. Duplicate tapes
or other recordings may be made for disclosure or use under paragraph (a)
of Section 108B-2a of this Article. The presence of the seal provided by
this Section, or a satisfactory explanation for its absence, shall be a
prerequisite for the disclosure of the contents of any private
communication, or evidence derived from it, under
paragraph (b) of Section 108B-2a of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
|
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 | |
(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
| |
(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.)
|
|
|
|