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Illinois Compiled Statutes
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CRIMINAL PROCEDURE (725 ILCS 5/) Code of Criminal Procedure of 1963. 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
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(4) a summary of the contents of each intercepted
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(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.)
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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.)
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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;
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(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.
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(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;
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(2) the date of the entry of the order or the denial
| | of an order applied for under Section 108B-8;
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(3) the period of authorized or disapproved
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(4) the fact that during the period a private
| | communication was or was not intercepted.
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(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.)
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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
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(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.
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(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.)
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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 Illinois
State Police the following:
(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 offense enumerated in Section 108B-3 which is
| | specified in the order or extension or in the denied application;
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(6) the identity of the applying electronic criminal
| | surveillance 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) 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 Illinois 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;
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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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On or before March 1 of each year, the Director of the Illinois
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;
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(2) the number of Illinois State Police personnel
| | authorized to possess, install, or operate electronic, mechanical, or other devices;
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(3) the number of Illinois State Police and other law
| | enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this Article during the preceding calendar year;
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(4) the number of electronic criminal surveillance
| | officers trained by the Illinois State Police;
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(5) the total cost to the Illinois State Police 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 Illinois State Police; and
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(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.
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(d) In April of each year, the Director of the Illinois 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. 102-538, eff. 8-20-21.)
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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 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;
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(2) Issue regulations as he finds necessary for the
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(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
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(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 Illinois State Police for conducting electronic criminal surveillance.
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(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 Illinois State Police 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
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(2) Assist the Illinois State Police 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.
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(Source: P.A. 102-538, eff. 8-20-21.)
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