Illinois Compiled Statutes
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CRIMINAL PROCEDURE725 ILCS 5/Art. 108A
(725 ILCS 5/) Code of Criminal Procedure of 1963.
(725 ILCS 5/Art. 108A heading)
JUDICIAL SUPERVISION OF
THE USE OF EAVESDROPPING DEVICES
725 ILCS 5/108A-1
(725 ILCS 5/108A-1)
(from Ch. 38, par. 108A-1)
Authorization for use of eavesdropping device.
Attorney or an Assistant State's Attorney authorized by the State's
Attorney may authorize an
application to a circuit judge or an associate
judge assigned by the Chief Judge of the circuit for, and such judge
may grant in conformity with this Article, an order authorizing or approving
the use of an eavesdropping device by a law enforcement officer or agency
having the responsibility for the investigation of any felony under Illinois
law where any one party to a conversation to be monitored, or previously
monitored in the case of an emergency situation as defined in this Article,
has consented to such monitoring.
The Chief Judge of the circuit may assign to associate judges the power
to issue orders authorizing or approving the use of eavesdropping devices
by law enforcement officers or agencies in accordance with this Article.
After assignment by the Chief Judge, an associate judge shall have plenary
authority to issue such orders without additional authorization for each
specific application made to him by the State's Attorney until such time as
the associate judge's power is rescinded by the Chief Judge.
(Source: P.A. 92-413, eff. 8-17-01.)
725 ILCS 5/108A-2
(725 ILCS 5/108A-2)
(from Ch. 38, par. 108A-2)
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 or law enforcement officer who, by
any means authorized in this Article, has obtained knowledge
of the contents of any conversation overheard or recorded
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. 79-1159.)
725 ILCS 5/108A-3
(725 ILCS 5/108A-3)
(from Ch. 38, par. 108A-3)
Procedure for Obtaining Judicial Approval of Use
of Eavesdropping Device. (a) Where any one party to a conversation to occur
in the future has consented to the use of an eavesdropping device
to overhear or record the conversation, a judge may grant
approval to an application to use an eavesdropping device
pursuant to the provisions of this section.
Each application for an order authorizing or subsequently approving the
use of an eavesdropping device shall be made in writing
upon oath or affirmation to a circuit judge, or an associate judge
assigned for such purpose pursuant to Section 108A-1 of this Code, and
shall state the applicant's authority to make such application. Each
application shall include the following:
(1) the identity of the investigative or law enforcement
officer making the application and the State's Attorney authorizing
(2) a statement of the facts and circumstances
relied upon by the applicant to justify his belief that
an order should be issued including: (a) details as to the
felony that has been, is being, or is about to be committed; (b)
a description of the type of communication sought to be monitored; (c) the
identity of the party to the expected conversation consenting
to the use of an eavesdropping device; (d) the identity of
the person, if known, whose conversations are to be overheard by
the eavesdropping device;
(3) a statement of the period of time for which
the use of the device is to be maintained or, if the
nature of the investigation is such that the authorization for
use of the device should not terminate automatically when the
described type of communication is overheard or recorded, a
description of facts establishing reasonable cause to
believe that additional conversations of the same type will
(4) a statement of the existence of all
previous applications known to the individual making the
application which have been made to any judge requesting permission
to use an eavesdropping device involving the same
persons in the present application, and the
action taken by the judge on the previous applications;
(5) when the application is for an extension of an
order, a statement setting forth the results so far obtained
from the use of the eavesdropping device or an explanation of
the failure to obtain such results.
(b) The judge may request the applicant to furnish additional
testimony, witnesses, or evidence in support of the application.
(Source: P.A. 86-391.)
725 ILCS 5/108A-4
(725 ILCS 5/108A-4)
(from Ch. 38, par. 108A-4)
Grounds for Approval or Authorization.
The judge may authorize or
approve the use of the eavesdropping device where it is found that:
(a) one party to the conversation has or will have consented
to the use of the device;
(b) there is reasonable cause for believing that an individual
is committing, has committed, or is about to commit a felony under Illinois law;
(c) there is reasonable cause for believing that particular
conversations concerning that felony offense will be obtained
through such use; and
(d) for any extension authorized, that further use of a
device is warranted on similar grounds.
(Source: P.A. 79-1159.)
725 ILCS 5/108A-5
(725 ILCS 5/108A-5)
(from Ch. 38, par. 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;
(2) the identity of the other person or persons, if
known, who will participate in the conversation;
(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.
(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.)
725 ILCS 5/108A-6
(725 ILCS 5/108A-6)
(from Ch. 38, par. 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.)
725 ILCS 5/108A-7
(725 ILCS 5/108A-7)
(from Ch. 38, par. 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.
(Source: P.A. 79-1159.)
725 ILCS 5/108A-8
(725 ILCS 5/108A-8)
(from Ch. 38, par. 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
(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.)
725 ILCS 5/108A-9
(725 ILCS 5/108A-9)
(from Ch. 38, par. 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.)
725 ILCS 5/108A-10
(725 ILCS 5/108A-10)
(from Ch. 38, par. 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
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.)
725 ILCS 5/108A-11
(725 ILCS 5/108A-11)
(from Ch. 38, par. 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;
(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;
(4) the period authorized by the order or extensions
in which an eavesdropping device could be used;
(5) the felony specified in the order extension or
(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
(7) the nature of the facilities from which or the
place where the eavesdropping device was to be used.
(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;
(2) the number of arrests resulting from authorized
uses of eavesdropping devices and the offenses for which arrests were made;
(3) the number of trials resulting from such uses of
(4) the number of motions to suppress made with
respect to such uses, and the number granted or denied; and
(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.
(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.)