Bill Text: IL HB4594 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Code of Criminal Procedure of 1963. In provision on obtaining a search warrant by oral testimony, deletes use of telephone, fax, or other appropriate means to communicate sworn testimony supporting a search warrant request on a terrorism or terrorism-related offense to a judge when the circumstances make it reasonable to dispense with a sworn affidavit. Replaces the deleted provision with a general provision applicable to any offense allowing a search warrant request to be made by electronic means that has a simultaneous video and audio transmission between the requestor and a judge. The judge may issue a search warrant based upon sworn testimony communicated in the transmission. Deletes provision that made search warrant upon oral testimony subsection inoperative on January 1, 2005 and the savings clause for admissibility of evidence obtained by a search warrant issued under the subsection prior to it becoming inoperative. Adds provision requiring the Chief Judge of the circuit court or presiding judge issuing a search warrant to create a standard practice for the filing or other retention of documents or recordings produced under the search warrant.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0905 [HB4594 Detail]

Download: Illinois-2013-HB4594-Chaptered.html

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Public Act 098-0905
HB4594 Enrolled LRB098 16439 MRW 51504 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 108-4 as follows:
(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
Sec. 108-4. Issuance of search warrant.
(a) All warrants upon written complaint shall state the
time and date of issuance and be the warrants of the judge
issuing the same and not the warrants of the court in which he
or she is then sitting and these such warrants need not bear
the seal of the court or clerk thereof. The complaint on which
the warrant is issued need not be filed with the clerk of the
court nor with the court if there is no clerk until the warrant
has been executed or has been returned "not executed".
The search warrant upon written complaint may be issued
electronically or electromagnetically by use of a facsimile
transmission machine and this any such warrant shall have the
same validity as a written search warrant.
(b) Warrant upon oral testimony.
(1) General rule. When the offense in connection with
which a search warrant is sought constitutes terrorism or
any related offense as defined in Article 29D of the

Criminal Code of 2012, and if the circumstances make it
reasonable to dispense, in whole or in part, with a written
affidavit, a judge may issue a warrant based upon sworn
testimony communicated by telephone or other appropriate
means, including facsimile transmission.
(2) Application. The person who is requesting the
warrant shall prepare a document to be known as a duplicate
original warrant and shall read such duplicate original
warrant, verbatim, to the judge. The judge shall enter,
verbatim, what is so read to the judge on a document to be
known as the original warrant. The judge may direct that
the warrant be modified.
(3) Issuance. If the judge is satisfied that the
offense in connection with which the search warrant is
sought constitutes terrorism or any related offense as
defined in Article 29D of the Criminal Code of 2012, that
the circumstances are such as to make it reasonable to
dispense with a written affidavit, and that grounds for the
application exist or that there is probable cause to
believe that they exist, the judge shall order the issuance
of a warrant by directing the person requesting the warrant
to sign the judge's name on the duplicate original warrant.
The judge shall immediately sign the original warrant and
enter on the face of the original warrant the exact time
when the warrant was ordered to be issued. The finding of
probable cause for a warrant upon oral testimony may be

based on the same kind of evidence as is sufficient for a
warrant upon affidavit.
(4) Recording and certification of testimony. When a
caller informs the judge that the purpose of the call is to
request a warrant, the judge shall immediately place under
oath each person whose testimony forms a basis of the
application and each person applying for that warrant. If a
voice recording device is available, the judge shall record
by means of the device all of the call after the caller
informs the judge that the purpose of the call is to
request a warrant, otherwise a stenographic or longhand
verbatim record shall be made. If a voice recording device
is used or a stenographic record made, the judge shall have
the record transcribed, shall certify the accuracy of the
transcription, and shall file a copy of the original record
and the transcription with the court. If a longhand
verbatim record is made, the judge shall file a signed copy
with the court.
(5) Contents. The contents of a warrant upon oral
testimony shall be the same as the contents of a warrant
upon affidavit.
(6) Additional rule for execution. The person who
executes the warrant shall enter the exact time of
execution on the face of the duplicate original warrant.
(7) Motion to suppress based on failure to obtain a
written affidavit. Evidence obtained pursuant to a warrant

issued under this subsection (b) is not subject to a motion
to suppress on the ground that the circumstances were not
such as to make it reasonable to dispense with a written
affidavit, absent a finding of bad faith. All other grounds
to move to suppress are preserved.
(8) This subsection (b) is inoperative on and after
January 1, 2005.
(9) No evidence obtained pursuant to this subsection
(b) shall be inadmissible in a court of law by virtue of
subdivision (8).
(c) Warrant upon testimony by simultaneous video and audio
transmission.
(1) General rule. When a search warrant is sought and
the request is made by electronic means that has a
simultaneous video and audio transmission between the
requestor and a judge, the judge may issue a search warrant
based upon sworn testimony communicated in the
transmission.
(2) Application. The requestor shall prepare a
document to be known as a duplicate original warrant, and
(A) if circumstances allow, the requestor shall
transmit a copy of the warrant together with a
complaint for search warrant to the judge by facsimile,
email, or other reliable electronic means; or
(B) if circumstances make transmission under
subparagraph (A) of this paragraph (2) impracticable,

the requestor shall read the duplicate original
warrant, verbatim, to the judge after being placed
under oath as provided in paragraph (4) of this
subsection (c). The judge shall enter, verbatim, what
is so read to the judge on a document in the judge's
possession.
Under both subparagraphs (A) and (B), the document in
possession of the judge shall be known as the original
warrant. The judge may direct that the warrant be modified.
(3) Issuance. If the judge is satisfied that grounds
for the application exist or that there is probable cause
to believe that grounds exist, the judge shall order the
issuance of a warrant by directing the requestor to sign
the judge's name on the duplicate original warrant, place
the requestor's initials below the judge's name, and enter
on the face of the duplicate original warrant the exact
date and time when the warrant was ordered to be issued.
The judge shall immediately sign the original warrant and
enter on the face of the original warrant the exact date
and time when the warrant was ordered to be issued. The
finding of probable cause for a warrant under this
subsection (c) may be based on the same kind of evidence as
is sufficient for a warrant under subsection (a).
(4) Recording and certification of testimony. When a
requestor initiates a request for search warrant under this
subsection (c), and after the requestor informs the judge

that the purpose of the communication is to request a
warrant, the judge shall place under oath each person whose
testimony forms a basis of the application and each person
applying for that warrant. A record of the facts upon which
the judge based his or her decision to issue a warrant must
be made and filed with the court, together with the
original warrant.
(A) When the requestor has provided the judge with
a written complaint for search warrant under
subparagraph (A) of paragraph (2) of this subsection
(c) and the judge has sworn the complainant to the
facts contained in the complaint for search warrant but
has taken no other oral testimony from any person that
is essential to establishing probable cause, the judge
must acknowledge the attestation in writing on the
complaint and file this acknowledged complaint with
the court.
(B) When the requestor has not provided the judge
with a written complaint for search warrant, or when
the judge has taken oral testimony essential to
establishing probable cause not contained in the
written complaint for search warrant, the essential
facts in the oral testimony that form the basis of the
judge's decision to issue the warrant shall be included
in the record together with the written complaint, if
any. If a recording device is used or a stenographic

record is made, the judge shall have the record
transcribed, shall certify the accuracy of the
transcription, and shall file a copy of the original
record and the transcription with the court. If a
longhand record is made, the judge shall file a signed
copy with the court.
The material to be filed need not be filed until the
warrant has been executed or has been returned "not
executed".
(5) Contents. The contents of a warrant under this
subsection (c) shall be the same as the contents of a
warrant upon affidavit. A warrant under this subsection is
a warrant of the judge issuing the same and not the warrant
of the court in which he or she is then sitting and these
warrants need not bear the seal of the court or the clerk
of the court.
(6) Additional rule for execution. The person who
executes the warrant shall enter the exact time of
execution on the face of the duplicate original warrant.
(7) Motion to suppress based on failure to obtain a
written affidavit. Evidence obtained under a warrant
issued under this subsection (c) is not subject to a motion
to suppress on the ground that the circumstances were not
such as to make it reasonable to dispense with a written
affidavit, absent a finding of bad faith. All other grounds
to move to suppress are preserved.

(d) The Chief Judge of the circuit court or presiding judge
in the issuing jurisdiction shall, by local rule, create a
standard practice for the filing or other retention of
documents or recordings produced under this Section.
(Source: P.A. 97-1150, eff. 1-25-13.)