Bill Text: IL HB4793 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that in connection with the investigation of an offense under the Code, or a pending matter charging an offense under the Code, a court shall have jurisdiction over a foreign public or private corporation, partnership, unincorporated association, or other non-governmental entity that transacts business within the State to issue a subpoena, search warrant, or court order for the production of communications, records, or other information and to enforce compliance. Amends the Code of Criminal Procedure of 1963. Establishes procedures for serving a search warrant upon foreign corporations that are electronic communication services and remote computing services allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, if those records would reveal: (1) the identity of the customers using those services; (2) data stored by, or on behalf of, the customer; (3) the customer's usage of those services; (4) the recipient or destination of communications sent to or from those customers; or (5) the content of those communications. Provides that, when properly served with a search warrant issued by an Illinois court, a foreign corporation subject to provision shall provide to the applicant all records sought pursuant to that warrant within 8 business days of receipt, including those records maintained or located outside the State. Provides that a foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records. Provides that the issuing court shall hear and decide that motion no later than 8 days after the motion is filed. Provides that no cause of action shall lie against any foreign or Illinois corporation subject to this Section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued pursuant to the provision. Provides that the provision does not apply to corporations that do not provide electronic communication services or remote computing services to the general public.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4793 Detail]

Download: Illinois-2023-HB4793-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4793 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides that in connection with the investigation of an offense under the Code, or a pending matter charging an offense under the Code, a court shall have jurisdiction over a foreign public or private corporation, partnership, unincorporated association, or other non-governmental entity that transacts business within the State to issue a subpoena, search warrant, or court order for the production of communications, records, or other information and to enforce compliance. Amends the Code of Criminal Procedure of 1963. Establishes procedures for serving a search warrant upon foreign corporations that are electronic communication services and remote computing services allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, if those records would reveal: (1) the identity of the customers using those services; (2) data stored by, or on behalf of, the customer; (3) the customer's usage of those services; (4) the recipient or destination of communications sent to or from those customers; or (5) the content of those communications. Provides that, when properly served with a search warrant issued by an Illinois court, a foreign corporation subject to provision shall provide to the applicant all records sought pursuant to that warrant within 8 business days of receipt, including those records maintained or located outside the State. Provides that a foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records. Provides that the issuing court shall hear and decide that motion no later than 8 days after the motion is filed. Provides that no cause of action shall lie against any foreign or Illinois corporation subject to this Section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued pursuant to the provision. Provides that the provision does not apply to corporations that do not provide electronic communication services or remote computing services to the general public.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 1-5.1 as follows:
(720 ILCS 5/1-5.1 new)
Sec. 1-5.1. Jurisdiction pertaining to records of stored
communications kept by foreign business entities.
(a) In connection with the investigation of an offense
under this Code, or a pending matter charging an offense under
this Code, a court shall have jurisdiction over a foreign
public or private corporation, partnership, unincorporated
association, or other non-governmental entity that transacts
business within this State:
(1) to issue a subpoena, grand jury subpoena,
administrative subpoena, search warrant, or court order
for the production of communications, records, or other
information, as provided in 18 U.S.C. 2703 and Section
115-17b of the Code of Criminal Procedure of 1963;
(2) to issue a subpoena or grand jury subpoena for
testimony of a custodian of records of the entity,
regarding information described in paragraph (1). An
entity that complies with a subpoena under this Section

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may petition the court for reimbursement in the amounts
permitted in Section 4.3 of the Circuit Courts Act for a
custodian who resides within this State, and the amounts
permitted in Section 3 of the Uniform Act to Secure the
Attendance of Witnesses from Within or Without a State in
Criminal Proceedings for a custodian who resides outside
of this State; and
(3) to enforce compliance with legal process described
in this Section issued by a court, or a subpoena issued by
a grand jury, or an administrative subpoena issued by a
State's Attorney or the Attorney General, through contempt
of court or any other method provided by law.
(b) Service of legal process pursuant to this Section may
be completed by delivery to a registered agent filed with the
Secretary of State, or any other manner authorized by law.
(c) An entity served with process under paragraph (1) of
subsection (a) shall produce the information sought therein
within 5 business days of receipt. A court may require
production in less than 5 business days upon finding that
faster compliance is necessary to avoid an adverse result. A
court may reasonably extend the time allowed for production
upon finding that the entity has shown good cause, and that an
extension of time will not cause an adverse result. For
purposes of this Section, an "adverse result" is one that
endangers an individual's life or physical safety, or is
likely to result in flight from prosecution, destruction or

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loss of evidence, intimidation of potential witnesses, serious
jeopardy to an investigation, or undue delay of trial.
(d) Objections or motions to quash process described in
this Section shall be filed and heard by the issuing court, or
for grand jury and administrative subpoenas, by a court in the
county to which the subpoena is to be returned.
(e) The following entities shall be deemed to have
consented to jurisdiction and service as described in this
Section:
(1) a foreign corporation that, on or after the
effective date of this amendatory Act of the 103rd General
Assembly:
(A) files with the Secretary of State an
application for authority to transact business within
this State pursuant to the Business Corporation Act;
or
(B) having been previously authorized by the
Secretary of State, files an annual report pursuant to
the Business Corporation Act of 1983;
(2) a foreign limited liability company that, on or
after the effective date of this amendatory Act of the
103rd General Assembly:
(A) files with the Secretary of State an
application for admission to transact business within
this State pursuant to the Limited Liability Company
Act; or

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(B) having been previously authorized by the
Secretary of State, files an annual report pursuant to
the Limited Liability Company Act;
(3) a foreign limited partnership that, on or after
the effective date of this amendatory Act of the 103rd
General Assembly, files with the Secretary of State a
statement of foreign qualification or renewal statement
pursuant to the Uniform Partnership Act (1997); and
(4) a foreign limited liability partnership that, on
or after the effective date of this amendatory Act of the
103rd General Assembly:
(A) files with the Secretary of State an
application for a certificate of authority to transact
business within this State pursuant to the Uniform
Limited Partnership Act (2001); or
(B) having been previously authorized by the
Secretary of State, files an annual report pursuant to
the Uniform Limited Partnership Act (2001).
(f) This Section shall not be construed to limit
jurisdiction under any other basis otherwise provided by law.
Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 108-4.5 as follows:
(725 ILCS 5/108-4.5 new)
Sec. 108-4.5. Foreign electronic communication services

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and remote computing services.
(a) In this Section:
"Adverse result" occurs when notification of the existence
of a search warrant results in:
(1) danger to the life or physical safety of an
individual;
(2) a flight from prosecution;
(3) the destruction of or tampering with evidence;
(4) the intimidation of potential witnesses; or
(5) serious jeopardy to an investigation or undue
delay of a trial.
"Applicant" means a peace officer as defined in Section
2-13 of the Criminal Code of 2012 to whom a search warrant is
issued pursuant to this Section.
"Electronic communication services" and "remote computing
services" shall be construed in accordance with 18 U.S.C. 2701
through 2711.
"Foreign corporation" has the meaning ascribed to it in
Section 1.80 of the Business Corporation Act of 1983.
"Illinois corporation" means any corporation or other
entity that is subject to Section 5.25 of the Business
Corporation Act of 1983, excluding foreign corporations.
"Properly served" means that a search warrant has been
delivered by hand, or in a manner reasonably allowing for
proof of delivery if delivered by United States mail,
overnight delivery service, or facsimile to a person or entity

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listed in Section 5.25 of the Business Corporation Act of 1983
or covered by this Section.
(b) The following provisions apply to any search warrant
issued under this Section allowing a search for records that
are in the actual or constructive possession of a foreign
corporation that provides electronic communication services or
remote computing services to the general public, if those
records would reveal:
(1) the identity of the customers using those
services;
(2) data stored by, or on behalf of, the customer;
(3) the customer's usage of those services;
(4) the recipient or destination of communications
sent to or from those customers; or
(5) the content of those communications.
(c) When properly served with a search warrant issued by
an Illinois court, a foreign corporation subject to this
Section shall provide to the applicant, within 8 business days
of receipt, all records sought pursuant to that warrant,
including those records maintained or located outside this
State.
(d) If the applicant makes a showing and the judge finds
that failure to produce records within less than 8 business
days would cause an adverse result, the warrant may require
production of records within less than 8 business days. A
court may reasonably extend the time required for production

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of the records upon finding that the foreign corporation has
shown good cause for that extension and that an extension of
time would not cause an adverse result.
(e) A foreign corporation seeking to quash the warrant
must seek relief from the court that issued the warrant within
the time required for production of records under this
Section. The issuing court shall hear and decide that motion
no later than 8 court days after the motion is filed.
(f) The foreign corporation shall verify the authenticity
of records that it produces by providing a written affidavit
or statement to that effect.
(g) An Illinois corporation that provides electronic
communication services or remote computing services to the
general public, when served with a warrant issued by another
state to produce records that would reveal:
(1) the identity of the customers using those
services;
(2) data stored by, or on behalf of, the customer;
(3) the customer's usage of those services;
(4) the recipient or destination of communications
sent to or from those customers; or
(5) the content of those communications,
shall produce those records as if that warrant had been issued
by an Illinois court.
(h) No cause of action shall lie against any foreign or
Illinois corporation subject to this Section, its officers,

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employees, agents, or other specified persons for providing
records, information, facilities, or assistance in accordance
with the terms of a warrant issued pursuant to this Section.
(i) This Section does not apply to corporations that do
not provide electronic communication services or remote
computing services to the general public.
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INDEX
Statutes amended in order of appearance