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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 108-4 as follows:
6    (725 ILCS 5/108-4)  (from Ch. 38, par. 108-4)
7    Sec. 108-4. Issuance of search warrant.
8    (a) All warrants upon written complaint shall state the
9time and date of issuance and be the warrants of the judge
10issuing the same and not the warrants of the court in which he
11or she is then sitting and these such warrants need not bear
12the seal of the court or clerk thereof. The complaint on which
13the warrant is issued need not be filed with the clerk of the
14court nor with the court if there is no clerk until the warrant
15has been executed or has been returned "not executed".
16    The search warrant upon written complaint may be issued
17electronically or electromagnetically by use of a facsimile
18transmission machine and this any such warrant shall have the
19same validity as a written search warrant.
20    (b) Warrant upon oral testimony.
21        (1) General rule. When a search warrant is sought and
22    the request is made by electronic means that has a
23    simultaneous video and audio transmission between the



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1    requestor and a judge, the judge may issue a search warrant
2    based upon sworn testimony communicated in the
3    transmission. When the offense in connection with which a
4    search warrant is sought constitutes terrorism or any
5    related offense as defined in Article 29D of the Criminal
6    Code of 2012, and if the circumstances make it reasonable
7    to dispense, in whole or in part, with a written affidavit,
8    a judge may issue a warrant based upon sworn testimony
9    communicated by telephone or other appropriate means,
10    including facsimile transmission.
11        (2) Application. The person who is requesting the
12    warrant shall prepare a document to be known as a duplicate
13    original warrant and shall read the such duplicate original
14    warrant, verbatim, to the judge. The judge shall enter,
15    verbatim, what is so read to the judge on a document to be
16    known as the original warrant. The judge may direct that
17    the warrant be modified.
18        (3) Issuance. If the judge is satisfied that the
19    offense in connection with which the search warrant is
20    sought constitutes terrorism or any related offense as
21    defined in Article 29D of the Criminal Code of 2012, that
22    the circumstances are such as to make it reasonable to
23    dispense with a written affidavit, and that grounds for the
24    application exist or that there is probable cause to
25    believe that they exist, the judge shall order the issuance
26    of a warrant by directing the person requesting the warrant



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1    to sign the judge's name on the duplicate original warrant.
2    The judge shall immediately sign the original warrant and
3    enter on the face of the original warrant the exact time
4    when the warrant was ordered to be issued. The finding of
5    probable cause for a warrant upon oral testimony may be
6    based on the same kind of evidence as is sufficient for a
7    warrant upon affidavit.
8        (4) Recording and certification of testimony. When a
9    requestor initiates a request for search warrant under this
10    Section caller informs the judge that the purpose of the
11    call is to request a warrant, the judge shall immediately
12    place under oath each person whose testimony forms a basis
13    of the application and each person applying for that
14    warrant. If a voice recording device is available, the
15    judge shall record by means of the device all of the
16    communication call after the caller informs the judge that
17    the purpose of the call is to request a warrant, otherwise
18    a stenographic or longhand verbatim record shall be made.
19    If a voice recording device is used or a stenographic
20    record made, the judge shall have the record transcribed,
21    shall certify the accuracy of the transcription, and shall
22    file a copy of the original record and the transcription
23    with the court. If a longhand verbatim record is made, the
24    judge shall file a signed copy with the court.
25        (5) Contents. The contents of a warrant upon oral
26    testimony shall be the same as the contents of a warrant



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1    upon affidavit.
2        (6) Additional rule for execution. The person who
3    executes the warrant shall enter the exact time of
4    execution on the face of the duplicate original warrant.
5        (7) Motion to suppress based on failure to obtain a
6    written affidavit. Evidence obtained pursuant to a warrant
7    issued under this subsection (b) is not subject to a motion
8    to suppress on the ground that the circumstances were not
9    such as to make it reasonable to dispense with a written
10    affidavit, absent a finding of bad faith. All other grounds
11    to move to suppress are preserved.
12        (8) (Blank). This subsection (b) is inoperative on and
13    after January 1, 2005.
14        (9) (Blank). No evidence obtained pursuant to this
15    subsection (b) shall be inadmissible in a court of law by
16    virtue of subdivision (8).
17    (c) The Chief Judge of the circuit court or presiding judge
18in the issuing jurisdiction shall, by local rule, create a
19standard practice for the filing or other retention of
20documents or recordings produced under this Section.
21(Source: P.A. 97-1150, eff. 1-25-13.)