Full Text of HB6278 96th General Assembly
HB6278 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6278
Introduced 2/11/2010, by Rep. Careen M. Gordon SYNOPSIS AS INTRODUCED: |
|
725 ILCS 5/108B-3 |
from Ch. 38, par. 108B-3 |
|
Amends the Code of Criminal Procedure of 1963. Provides that 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 court of competent jurisdiction 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 felony offense as defined in the Criminal Code of 1961 (rather than a specified offense). Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB6278 |
|
LRB096 20909 RLC 36712 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 108B-3 as follows:
| 6 |
| (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
| 7 |
| Sec. 108B-3. Authorization for the interception of private
| 8 |
| communication. | 9 |
| (a) The State's Attorney, or a person
designated in writing | 10 |
| or
by law to act for him and to perform his duties during his | 11 |
| absence or
disability, may authorize, in writing, an ex parte | 12 |
| application to the chief
judge of a court of competent | 13 |
| jurisdiction for an order authorizing the
interception of a | 14 |
| private communication when no
party has consented to
the | 15 |
| interception and (i) the interception may provide evidence of, | 16 |
| or may
assist in the apprehension of a person who has | 17 |
| committed, is committing or
is about to commit, a felony | 18 |
| offense as defined in the Criminal Code of 1961; (ii) violation | 19 |
| of Section 8-1(b) (solicitation of murder),
8-1.2 | 20 |
| (solicitation of murder for hire), 9-1 (first degree murder), | 21 |
| or 29B-1
(money laundering) of the Criminal Code of 1961,
| 22 |
| Section 401, 401.1 (controlled substance
trafficking), 405, | 23 |
| 405.1 (criminal drug conspiracy) or 407 of the Illinois
|
|
|
|
HB6278 |
- 2 - |
LRB096 20909 RLC 36712 b |
|
| 1 |
| Controlled Substances Act or any Section of the Methamphetamine | 2 |
| Control and Community Protection Act, a violation of Section | 3 |
| 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or | 4 |
| subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), | 5 |
| 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961
or | 6 |
| conspiracy to commit money laundering or
conspiracy to commit | 7 |
| first degree murder; (ii)
in response to a clear and present | 8 |
| danger of imminent death or great bodily
harm to persons | 9 |
| resulting from: (1) a kidnapping or the holding of a
hostage by | 10 |
| force or the threat of the imminent use of force; or (2) the
| 11 |
| occupation by force or the threat of the imminent use of force | 12 |
| of any
premises, place, vehicle, vessel or aircraft; (iii) to | 13 |
| aid an investigation
or prosecution of a civil action brought | 14 |
| under the Illinois Streetgang
Terrorism Omnibus Prevention Act | 15 |
| when there is probable cause to
believe the
interception of the | 16 |
| private communication will
provide evidence that a
streetgang | 17 |
| is committing, has committed, or will commit a second or | 18 |
| subsequent
gang-related offense or that the interception of the | 19 |
| private
communication
will aid in the collection of a judgment | 20 |
| entered under that Act; or (iii) (iv)
upon
information and | 21 |
| belief that a streetgang has committed, is committing, or is
| 22 |
| about to commit a felony.
| 23 |
| (b) The State's Attorney or a person designated in writing | 24 |
| or by law to
act for the State's Attorney and to perform his or | 25 |
| her duties during his or her
absence or disability, may | 26 |
| authorize, in writing, an ex parte application to
the chief |
|
|
|
HB6278 |
- 3 - |
LRB096 20909 RLC 36712 b |
|
| 1 |
| judge of a circuit court for an order authorizing
the | 2 |
| interception of a private communication when no
party has | 3 |
| consented to the interception and the interception may provide
| 4 |
| evidence of, or may assist in the apprehension of a person who | 5 |
| has committed,
is committing or is about to commit, a violation | 6 |
| of an offense under Article
29D of the Criminal Code of 1961.
| 7 |
| (b-1) Subsection (b) is inoperative on and after January 1, | 8 |
| 2005.
| 9 |
| (b-2) No conversations recorded or monitored pursuant to | 10 |
| subsection (b)
shall be made inadmissible in a court of law by | 11 |
| virtue of subsection (b-1).
| 12 |
| (c) As used in this Section, "streetgang" and | 13 |
| "gang-related" have the
meanings ascribed to them in Section 10 | 14 |
| of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
| 15 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
|
|