Title II - Apprehension And Investigation

(725 ILCS 5/Tit. II heading)

TITLE II.
APPREHENSION AND INVESTIGATION

(725 ILCS 5/Art. 107 heading)

ARTICLE 107.
ARREST

(725 ILCS 5/107-1) (from Ch. 38, par. 107-1)

Sec. 107-1.
Definitions.

(a) A “warrant of arrest” is a written order from a court directed to a
peace officer, or to some other person specifically named, commanding him
to arrest a person.

(b) A “summons” is a written order issued by a court which commands a
person to appear before a court at a stated time and place.

(c) A “notice to appear” is a written request issued by a peace officer
that a person appear before a court at a stated time and place.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/107-2) (from Ch. 38, par. 107-2)

Sec. 107-2. Arrest by peace officer.

(1) A peace officer may
arrest a person when:

(a) He has a warrant commanding that such person be arrested; or
(b) He has reasonable grounds to believe that a warrant for the person’s arrest has been issued in this State or in another jurisdiction; or
(c) He has reasonable grounds to believe that the person is committing or has committed an offense.

(2) Whenever a peace officer arrests a person, the officer shall question
the arrestee as to whether he or she has any children under the age of 18
living with him or her who may be neglected as a result of the arrest or
otherwise. The peace officer shall assist the arrestee in the placement of
the children with a relative or other responsible person designated by the
arrestee. If the peace officer has reasonable cause to believe that a child
may be a neglected child as defined in the Abused and Neglected Child
Reporting Act, he shall report it immediately to the Department of Children
and Family Services as provided in that Act.

(3) A peace officer who executes a warrant of arrest in good faith
beyond the geographical limitation of the warrant shall not be liable for
false arrest.

(4) Whenever a peace officer is aware of a warrant of arrest issued by a circuit court of this State for a person and the peace officer has contact with the person because the person is requesting or receiving emergency medical assistance or medical forensic services for sexual assault at a medical facility, if the warrant of arrest is not for a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, or an alleged violation of parole or mandatory supervised release, the peace officer shall contact the prosecuting authority of the jurisdiction issuing the warrant, or if that prosecutor is not available, the prosecuting authority for the jurisdiction that covers the medical facility to request waiver of the prompt execution of the warrant. The prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. As used in this subsection (4), “sexual assault” means an act of sexual conduct or sexual penetration defined in Section 11-0.1 of the Criminal Code of 2012, including without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.

(4.5) Whenever a peace officer has a warrant of arrest for a person, subject to the same limitations described in subsection (4), and the peace officer has contact with the person because the person reported that he or she was sexually assaulted within the past 7 days, in addition to informing the person of his or her right to seek free medical attention and evidence collection and providing the written notice required by Section 25 of the Sexual Assault Incident Procedure Act, the officer shall also notify the person that if he or she chooses to go to a medical facility to seek any of those services, then the officer shall inform the prosecuting authority to request waiver of the prompt execution of the warrant.

(Source: P.A. 101-39, eff. 6-1-20.)

(725 ILCS 5/107-3) (from Ch. 38, par. 107-3)

Sec. 107-3.
Arrest by private person.

Any person may arrest another when he has reasonable grounds to believe
that an offense other than an ordinance violation is being committed.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)

Sec. 107-4. Arrest by peace officer from other jurisdiction.

(a) As used in this Section:

(1) “State” means any State of the United States and the District of Columbia.
(2) “Peace Officer” means any peace officer or member of any duly organized State, County, or Municipal peace unit, any police force of another State, the United States Department of Defense, or any police force whose members, by statute, are granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.
(3) “Fresh pursuit” means the immediate pursuit of a person who is endeavoring to avoid arrest.
(4) “Law enforcement agency” means a municipal police department or county sheriff’s office of this State.

(a-3) Any peace officer employed by a law enforcement agency of this State
may conduct temporary questioning pursuant to Section 107-14 of this Code and
may make arrests in any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that occurred in the officer’s
primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted pursuant to that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate commission of a felony
or misdemeanor violation of the laws of this State; or (3) if
the officer, while on duty as a peace officer, is requested by an
appropriate State or local law enforcement official to render aid or
assistance to the requesting law enforcement agency that is outside the
officer’s primary jurisdiction; or (4) in accordance with Section 2605-580 of the Illinois State Police Law of the
Civil Administrative Code of Illinois. While acting pursuant to this subsection, an
officer has the same authority as within his or her
own jurisdiction.

(a-7) The law enforcement agency of the county or municipality in which any
arrest is made under this Section shall be immediately notified of the
arrest.

(b) Any peace officer of another State who enters this State in
fresh
pursuit and continues within this State in fresh pursuit of a person in
order to arrest him on the ground that he has committed an offense in the
other State has the same authority to arrest and hold the person in custody
as peace officers of this State have to arrest and hold a person in custody
on the ground that he has committed an offense in this State.

(c) If an arrest is made in this State by a peace officer of
another
State in accordance with the provisions of this Section he shall without
unnecessary delay take the person arrested before the circuit court of the
county in which the arrest was made. Such court shall conduct a hearing for
the purpose of determining the lawfulness of the arrest. If the court
determines that the arrest was lawful it shall commit the person arrested,
to await for a reasonable time the issuance of an extradition warrant by
the Governor of this State, or admit him to pretrial release for such purpose. If the
court determines that the arrest was unlawful it shall discharge the person
arrested.

(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(725 ILCS 5/107-5) (from Ch. 38, par. 107-5)

Sec. 107-5.
Method of arrest.

(a) An arrest is made by an actual restraint of the person or by his
submission to custody.

(b) An arrest may be made on any day and at any time of the day or
night.

(d) All necessary and reasonable force may be used to effect an entry
into any building or property or part thereof to make an authorized arrest.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/107-6) (from Ch. 38, par. 107-6)

Sec. 107-6.
Release by officer of person arrested.

A peace officer who arrests a person without a warrant is authorized to
release the person without requiring him to appear before a court when the
officer is satisfied that there are no grounds for criminal complaint
against the person arrested.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/107-7) (from Ch. 38, par. 107-7)

Sec. 107-7.
Persons exempt from arrest.

(a) Electors shall, in all cases except treason, felony or breach of the
peace, be privileged from arrest during their attendance at election, and
in going to and returning from the same.

(b) Senators and representatives shall, in all cases, except treason,
felony or breach of the peace, be privileged from arrest during the session
of the General Assembly, and in going to and returning from the same.

(c) The militia shall in all cases, except treason, felony, or breach of
the peace, be privileged from arrest during their attendance at musters and
elections, and in going to and returning from the same.

(d) Judges, attorneys, clerks, sheriffs, and other court officers shall
be privileged from arrest while attending court and while going to and
returning from court.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/107-8) (from Ch. 38, par. 107-8)

Sec. 107-8.
Assisting peace officer).
(a) A peace officer making a lawful
arrest may command the aid of
persons over the age of 18.

(b) A person commanded to aid a peace officer shall have the same
authority to arrest as that peace officer.

(c) A person commanded to aid a peace officer shall not be civilly
liable for any reasonable conduct in aid of the officer.

(Source: P.A. 80-360.)

(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)

Sec. 107-9. Issuance of arrest warrant upon complaint.

(a) When a complaint is presented to a court charging that an offense
has been committed, it shall examine upon oath or affirmation the
complainant or any witnesses.

(b) The complaint shall be in writing and shall:

(1) State the name of the accused if known, and if not known the accused may be designated by any name or description by which he can be identified with reasonable certainty;
(2) State the offense with which the accused is charged;
(3) State the time and place of the offense as definitely as can be done by the complainant; and
(4) Be subscribed and sworn to by the complainant.

(b-5) If an arrest warrant or summons is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the requester and a judge, the judge may issue an arrest warrant or summons based upon a sworn complaint or sworn testimony communicated in the transmission.

(c) A warrant or summons may be issued by the court for the arrest or appearance of the person
complained against if it appears from the contents of the complaint and the
examination of the complainant or other witnesses, if any, that the person
against whom the complaint was made has committed an offense.

(d) The warrant of arrest or summons shall:

(1) Be in writing;
(2) Specify the name, sex and birth date of the person to be arrested or summoned or, if his name, sex or birth date is unknown, shall designate such person by any name or description by which the person can be identified with reasonable certainty;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or county where issued;
(5) Be signed by the judge of the court with the title of the judge’s office; and
(6) Command that the person against whom the complaint was made to be arrested and brought before the court issuing the warrant or the nearest or most accessible court in the same county, or appear before the court at a certain time and place;
(7) Specify the conditions of pretrial release, if any; and
(8) Specify any geographical limitation placed on the execution of the warrant, if any, but such limitation shall not be expressed in mileage.

(e) The summons may be served in the same manner as the summons in a civil action, except that a police officer may serve a summons for a violation of an ordinance occurring within the municipality of the police officer.

(f) If the person summoned fails to appear by the date required or cannot be located to serve the summons, a warrant may be issued by the court for the arrest of the person complained against.

(g) A warrant of arrest issued under this Section shall incorporate the information included in the summons, and shall comply with the following:

(1) The arrest warrant shall specify any geographic limitation placed on the execution of the warrant, but such limitation shall not be expressed in mileage.
(2) The arrest warrant shall be directed to all peace officers in the State. It shall be executed by the peace officer, or by a private person specially named therein, at any location within the geographic limitation for execution placed on the warrant. If no geographic limitation is placed on the warrant, then it may be executed anywhere in the State.

(h) The arrest warrant or summons may be issued electronically or electromagnetically by
use of electronic mail or a facsimile transmission machine and any such arrest warrant or summons shall have the
same validity as a written arrest warrant or summons.

(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

(725 ILCS 5/107-10) (from Ch. 38, par. 107-10)

Sec. 107-10.
Defective warrant.

A warrant of arrest shall not be quashed or abated nor shall any person
in custody for an offense be discharged from such custody because of
technical irregularities not affecting the substantial rights of the
accused.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/107-11) (from Ch. 38, par. 107-11)

Sec. 107-11. When summons may be issued.

(a) When authorized to issue a warrant of arrest, a court may instead
issue a summons.

(b) The summons shall:

(1) Be in writing;
(2) State the name of the person summoned and his or her address, if known;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or county where issued;
(5) Be signed by the judge of the court with the title of his or her office; and
(6) Command the person to appear before a court at a certain time and place.

(c) The summons may be served in the same manner as the summons in a
civil action or by certified or regular mail, except that police officers may serve summons for violations
of ordinances occurring within their municipalities.

(Source: P.A. 102-1104, eff. 12-6-22.)

(725 ILCS 5/107-12) (from Ch. 38, par. 107-12)

Sec. 107-12.
Notice to appear.

(a) Whenever a peace officer is authorized to arrest a person without a
warrant he may instead issue to such person a notice to appear.

(b) The notice shall:

(1) Be in writing;

(2) State the name of the person and his address, if known;

(3) Set forth the nature of the offense;

(4) Be signed by the officer issuing the notice; and

(5) Request the person to appear before a court at a certain time and
place.

(d) In any case in which a person is arrested for a Class C misdemeanor
or a petty offense and remanded to the sheriff other than
pursuant to a court order, the sheriff may issue such person a notice to appear.

(Source: P.A. 83-693.)

(725 ILCS 5/107-13) (from Ch. 38, par. 107-13)

Sec. 107-13.
Offenses committed by corporations.

(a) When a corporation is charged with the commission of an offense the
court shall issue a summons setting forth the nature of the offense and
commanding the corporation to appear before a court at a certain time and
place.

(b) The summons for the appearance of a corporation may be served in the
manner provided for service of summons upon a corporation in a civil
action.

(c) If, after being summoned, the corporation does not appear, a plea of
not guilty shall be entered by the court having jurisdiction to try the
offense for which the summons was issued, and such court shall proceed to
trial and judgment without further process.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/107-14) (from Ch. 38, par. 107-14)

Sec. 107-14. Temporary questioning without arrest.

(a) A peace officer, after having identified himself as a peace officer, may
stop any person in a public place for a reasonable period of time when the
officer reasonably infers from the circumstances that the person is
committing, is about to commit or has committed an offense as defined in
Section 102-15 of this Code, and may demand the name and address of the
person and an explanation of his actions. Such detention and temporary
questioning will be conducted in the vicinity of where the person was
stopped.

(b) Upon completion of any stop under subsection (a) involving a frisk or search, and unless impractical, impossible, or under exigent circumstances, the officer shall provide the person with a stop receipt which provides the reason for the stop and contains the officer’s name and badge number. This subsection (b) does not apply to searches or inspections for compliance with the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections for routine security screenings at facilities or events. For the purposes of this subsection (b), “badge” means an officer’s department issued identification number associated with his or her position as a police officer with that department.

(Source: P.A. 99-352, eff. 1-1-16.)

(725 ILCS 5/107-15)

Sec. 107-15.
Fresh pursuit.
When the fact that a felony has been
committed comes to the
knowledge of a sheriff or coroner, fresh pursuit shall be forthwith
made after every person guilty of the felony, by the sheriff, coroner, and all
other persons who is by any
one of them commanded or summoned for that purpose; every such officer who
does not do his or her duty in the premises is guilty of a Class B misdemeanor.

(Source: P.A. 89-234, eff. 1-1-96.)

(725 ILCS 5/107-16)

Sec. 107-16.
Apprehension of offender.
It is the
duty of every sheriff, coroner, and every
marshal, policeman, or other officer of an incorporated city,
town, or
village, having the power of a sheriff, when a criminal offense or
breach of the peace is committed or attempted in his or her presence, forthwith
to apprehend the offender and bring him or her before a judge, to be
dealt with according to law; to suppress all riots and unlawful assemblies,
and to keep the peace, and without delay to serve and execute all
warrants and other process to him or her lawfully directed.

(Source: P.A. 89-234, eff. 1-1-96.)

(725 ILCS 5/Art. 107A heading)

ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURE

(Source: P.A. 93-605, eff. 11-19-03.)

(725 ILCS 5/107A-0.1)

Sec. 107A-0.1. Definitions. For the purposes of this Article:

“Eyewitness” means a person viewing the lineup whose identification by sight of another person may be relevant in a criminal proceeding.
“Filler” means a person or a photograph of a person who is not suspected of an offense and is included in a lineup.
“Independent administrator” means a lineup administrator who is not participating in the investigation of the criminal offense and is unaware of which person in the lineup is the suspected perpetrator.
“Lineup” includes a photo lineup or live lineup.
“Lineup administrator” means the person who conducts a lineup.
“Live lineup” means a procedure in which a group of persons is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime, but does not include a showup.
“Photo lineup” means a procedure in which photographs are displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
“Sequential lineup” means a live or photo lineup in which each person or photograph is presented to an eyewitness separately, in a previously determined order, and removed from the eyewitness’s view before the next person or photograph is presented, in order to determine if the eyewitness is able to identify the perpetrator of a crime.
“Showup” means a procedure in which a suspected perpetrator is presented to the eyewitness at, or near, a crime scene for the purpose of obtaining an immediate identification.
“Simultaneous lineup” means a live or photo lineup in which a group of persons or array of photographs is presented simultaneously to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.

(Source: P.A. 98-1014, eff. 1-1-15.)

(725 ILCS 5/107A-2)

Sec. 107A-2. Lineup procedure.

(a) All lineups shall be conducted using one of the following methods:

(1) An independent administrator, unless it is not practical.
(2) An automated computer program or other device that can automatically display a photo lineup to an eyewitness in a manner that prevents the lineup administrator from seeing which photograph or photographs the eyewitness is viewing until after the lineup is completed. The automated computer program may present the photographs to the eyewitness simultaneously or sequentially, consistent with the law enforcement agency guidelines required under subsection (b) of this Section.
(3) A procedure in which photographs are placed in folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or know which photograph or photographs are being presented to the eyewitness until after the procedure is completed. The photographs may be presented to the eyewitness simultaneously or sequentially, consistent with the law enforcement agency guidelines required under subsection (b) of this Section.
(4) Any other procedure that prevents the lineup administrator from knowing the identity of the suspected perpetrator or seeing or knowing the persons or photographs being presented to the eyewitness until after the procedure is completed.

(b) Each law enforcement agency shall adopt written guidelines setting forth when, if at all, simultaneous lineups shall be conducted and when, if at all, sequential lineups shall be conducted. This subsection does not establish a preference for whether a law enforcement agency should conduct simultaneous lineups or sequential lineups. Whether and when to conduct simultaneous lineups or sequential lineups is at the discretion of each law enforcement agency. If, after the effective date of this amendatory Act of the 98th General Assembly, a method of conducting a lineup different from a simultaneous or sequential lineup is determined by the Illinois Supreme Court to be sufficiently established to have gained general acceptance as a reliable method for eyewitness identifications and provides more accurate results than simultaneous or sequential lineups, a law enforcement agency may adopt written guidelines setting forth when, if at all, this different method of conducting lineups shall be used and, when feasible, the provisions of subsection (d) of this Section shall apply to the use of these methods.

(c) On and after the effective date of this amendatory Act of the 98th General Assembly, there is no preference
as to whether a law enforcement agency conducts a live lineup or a photo lineup and to the extent that the common law directs otherwise, this direction is abrogated.

(d) If a lineup administrator conducts a sequential lineup, the following shall apply:

(1) Solely at the eyewitness’s request, the lineup administrator may present a person or photograph to the eyewitness an additional time but only after the eyewitness has first viewed each person or photograph one time.
(2) If the eyewitness identifies a person as a perpetrator, the lineup administrator shall continue to sequentially present the remaining persons or photographs to the eyewitness until the eyewitness has viewed each person or photograph.

(e) Before a lineup is conducted:

(1) The eyewitness shall be instructed that:

(A) if recording the lineup is practical, an audio and video recording of the lineup will be made for the purpose of accurately documenting all statements made by the eyewitness, unless the eyewitness refuses to the recording of the lineup, and that if a recording is made it will be of the persons in the lineup and the eyewitness;
(B) the perpetrator may or may not be presented in the lineup;
(C) if an independent administrator is conducting the lineup, the independent administrator does not know the suspected perpetrator’s identity or if the administrator conducting the lineup is not an independent administrator, the eyewitness should not assume that the lineup administrator knows which person in the lineup is the suspect;
(D) the eyewitness should not feel compelled to make an identification;
(E) it is as important to exclude innocent persons as it is to identify a perpetrator; and
(F) the investigation will continue whether or not an identification is made.

(2) The eyewitness shall acknowledge in writing the receipt of the instructions required under this subsection and, if applicable, the refusal to be recorded. If the eyewitness refuses to sign the acknowledgement, the lineup administrator shall note the refusal of the eyewitness to sign the acknowledgement and shall also sign the acknowledgement.

(f) In conducting a lineup:

(1) When practicable, the lineup administrator shall separate all eyewitnesses in order to prevent the eyewitnesses from conferring with one another before and during the lineup procedure. If separating the eyewitnesses is not practicable, the lineup administrator shall ensure that all eyewitnesses are monitored and that they do not confer with one another while waiting to view the lineup and during the lineup.
(2) Each eyewitness shall perform the identification procedures without any other eyewitness present. Each eyewitness shall be given instructions regarding the identification procedures without other eyewitnesses present.
(3) The lineup shall be composed to ensure that the suspected perpetrator does not unduly stand out from the fillers. In addition:

(A) Only one suspected perpetrator shall be included in a lineup.
(B) The suspected perpetrator shall not be substantially different in appearance from the fillers based on the eyewitness’s previous description of the perpetrator or based on other factors that would draw attention to the suspected perpetrator.
(C) At least 5 fillers shall be included in a photo lineup, in addition to the suspected perpetrator.
(D) When practicable, at least 5 fillers shall be included in a live lineup, in addition to the suspected perpetrator, but in no event shall there be less than 3 fillers in addition to the suspected perpetrator.
(E) If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the current suspected perpetrator participates shall be different from the fillers used in the prior lineups.

(4) If there are multiple eyewitnesses, subject to the requirements in subsection (a) of this Section and to the extent possible, the suspected perpetrator shall be placed in a different position in the lineup or photo array for each eyewitness.
(5) Nothing shall be communicated to the eyewitness regarding the suspected perpetrator’s position in the lineup or regarding anything that may influence the eyewitness’s identification.
(6) No writings or information concerning any previous arrest, indictment, or conviction of the suspected perpetrator shall be visible or made known to the eyewitness.
(7) If a photo lineup, the photograph of the suspected perpetrator shall be contemporary in relation to the photographs of the fillers and, to the extent practicable, shall resemble the suspected perpetrator’s appearance at the time of the offense.
(8) If a live lineup, any identifying actions, such as speech, gestures, or other movements, shall be performed by all lineup participants.
(9) If a live lineup, all lineup participants must be out of view of the eyewitness prior to the lineup.
(10) The lineup administrator shall obtain and document any and all statements made by the eyewitness during the lineup as to the perpetrator’s identity. When practicable, an audio or video recording of the statements shall be made.
(11) If the eyewitness identifies a person as the perpetrator, the eyewitness shall not be provided any information concerning the person until after the lineup is completed.
(12) Unless otherwise allowed under subsection (a) of this Section, there shall not be anyone present during a lineup who knows the suspected perpetrator’s identity, except the eyewitness and suspected perpetrator’s counsel if required by law.

(g) The lineup administrator shall make an official report of all lineups, which shall include all of the following information:

(1) All identification and non-identification results obtained during the lineup, signed by the eyewitness, including any and all statements made by the eyewitness during the lineup as to the perpetrator’s identity as required under paragraph (10) of subsection (f) of this Section. If the eyewitness refuses to sign, the lineup administrator shall note the refusal of the eyewitness to sign the results and shall also sign the notation.
(2) The names of all persons who viewed the lineup.
(3) The names of all law enforcement officers and counsel present during the lineup.
(4) The date, time, and location of the lineup.
(5) Whether it was a photo lineup or live lineup and how many persons or photographs were presented in the lineup.
(6) The sources of all persons or photographs used as fillers in the lineup.
(7) In a photo lineup, the actual photographs shown to the eyewitness.
(8) In a live lineup, a photograph or other visual recording of the lineup that includes all persons who participated in the lineup.
(9) If applicable, the eyewitness’s refusal to be recorded.
(10) If applicable, the reason for any impracticability in strict compliance with this Section.

(h) Unless it is not practical or the eyewitness refuses, a video record of all lineup procedures shall be made.

(1) If a video record is not practical or the eyewitness refuses to allow a video record to be made:

(A) the reasons or the refusal shall be documented in the official report required under subsection (g) of this Section;
(B) an audio record shall be made, if practical; and
(C) if a live lineup, the lineup shall be photographed.

(2) If an audio record is not practical, the reasons shall be documented in the official report required under subsection (g) of this Section.

(i) The
photographs, recordings, and the official report of the lineup required by this Section shall
be disclosed to counsel for the accused as provided by the Illinois Supreme Court Rules regarding discovery. All photographs
of suspected perpetrators shown to an eyewitness during a lineup shall be
disclosed to counsel for the accused as provided by the Illinois Supreme Court Rules regarding discovery. To protect the identity of the eyewitness and the identities of law enforcement officers used as fillers in the lineup from being disclosed to third parties, the State’s Attorney shall petition the court for a protective order under Supreme Court Rule 415 upon disclosure of the photographs or recordings to the counsel of the accused.

(j) All of the following shall be available as consequences of compliance or noncompliance with the requirements of this Section:

(1) Failure to comply with any of the requirements of this Section shall be a factor to be considered by the court in adjudicating a motion to suppress an eyewitness identification or any other motion to bar an eyewitness identification. These motions shall be in writing and state facts showing how the identification procedure was improper. This paragraph (1) makes no change to existing applicable common law or statutory standards or burdens of proof.
(2) When warranted by the evidence presented at trial, the jury shall be instructed that it may consider all the facts and circumstances including compliance or noncompliance with this Section to assist in its weighing of the identification testimony of an eyewitness.

(k) Any electronic recording made during a lineup that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the recording shall not be transmitted to any person except as necessary to comply with this Section.

(Source: P.A. 98-1014, eff. 1-1-15.)

(725 ILCS 5/107A-5)

Sec. 107A-5. (Repealed).

(Source: P.A. 93-605, eff. 11-19-03. Repealed by P.A. 98-1014, eff. 1-1-15.)

(725 ILCS 5/107A-10)

Sec. 107A-10. (Repealed).

(Source: P.A. 93-655, eff. 1-20-04. Repealed by P.A. 98-1014, eff. 1-1-15.)

(725 ILCS 5/Art. 108 heading)

ARTICLE 108.
SEARCH AND SEIZURE

(725 ILCS 5/108-1) (from Ch. 38, par. 108-1)

Sec. 108-1.
Search without warrant.

(1) When a lawful arrest is effected a peace officer may reasonably search
the person arrested and the area
within such person’s immediate presence for the purpose of:

(a) protecting the officer from attack; or
(b) preventing the person from escaping; or
(c) discovering the fruits of the crime; or
(d) discovering any instruments, articles, or things which may have been used in the commission of, or which may constitute evidence of, an offense.

(2) (Blank).

(3) A law enforcement officer may not search or inspect a motor vehicle,
its contents, the driver, or a passenger solely because of a violation of
Section 12-603.1 of the Illinois Vehicle Code.

(Source: P.A. 93-99, eff. 7-3-03.)

(725 ILCS 5/108-1.01) (from Ch. 38, par. 108-1.01)

Sec. 108-1.01.
Search during temporary questioning.

When a peace officer has stopped a person for temporary questioning
pursuant to Section 107-14 of this Code and reasonably suspects that he or
another is in danger of attack, he may search the person for weapons. If
the officer discovers a weapon, he may take it until the completion of the
questioning, at which time he shall either return the weapon, if lawfully
possessed, or arrest the person so questioned.

(Source: Laws 1968, p. 218.)

(725 ILCS 5/108-2) (from Ch. 38, par. 108-2)

Sec. 108-2.
Custody and disposition of things seized.

An inventory of all instruments, articles or things seized on a search
without warrant shall be given to the person arrested and a copy thereof
delivered to the judge before whom the person arrested is taken, and
thereafter, such instruments, articles or things shall be handled and
disposed of in accordance with Sections 108-11 and 108-12 of this Code.
If the person arrested is released without a charge being preferred against
him all instruments, articles or things seized, other than contraband,
shall be returned to him upon release.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-3) (from Ch. 38, par. 108-3)

Sec. 108-3.
Grounds for search warrant.

(a) Except as provided in subsection (b), upon the written complaint of
any person under oath or affirmation
which states facts sufficient to show probable cause and which
particularly describes the place or person, or both, to be searched and
the things to be seized, any judge may issue a search warrant for the
seizure of the following:

(1) Any instruments, articles or things designed or intended for use or which are or have been used in the commission of, or which may constitute evidence of, the offense in connection with which the warrant is issued; or contraband, the fruits of crime, or things otherwise criminally possessed.
(2) Any person who has been kidnaped in violation of the laws of this State, or who has been kidnaped in another jurisdiction and is now concealed within this State, or any human fetus or human corpse.

(b) When the things to be seized are the work product of, or used in the
ordinary course of business, and in the possession, custody, or control
of any person known to be engaged in the gathering or dissemination of news
for the print or broadcast media, no judge may issue a search warrant unless
the requirements set forth in subsection (a) are satisfied and there is
probable cause to believe that:

(1) such person has committed or is committing a criminal offense; or
(2) the things to be seized will be destroyed or removed from the State if the search warrant is not issued.

(Source: P.A. 89-377, eff. 8-18-95.)

(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 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 electronic mail or a facsimile transmission machine and this 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).

(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. 98-829, eff. 8-1-14; 98-905, eff. 1-1-15; 99-78, eff. 7-20-15.)

(725 ILCS 5/108-5) (from Ch. 38, par. 108-5)

Sec. 108-5.
Persons authorized to execute search warrants.

The warrant shall be issued in duplicate and shall be directed for
execution to all peace officers of the State. However, the judge may direct
the warrant to be executed by any person named specially therein.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-6) (from Ch. 38, par. 108-6)

Sec. 108-6.
Execution of search warrants.

The warrant shall be executed within 96 hours from the time of issuance.
If the warrant is executed the duplicate copy shall be left with any person
from whom any instruments, articles or things are seized or if no person is
available the copy shall be left at the place from which the instruments,
articles or things were seized. Any warrant not executed within such time
shall be void and shall be returned to the court of the judge issuing the
same as “not executed”.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-7) (from Ch. 38, par. 108-7)

Sec. 108-7.
Command of search warrant.

The warrant shall command the person directed to execute the same to
search the place or person particularly described in the warrant and to
seize the instruments, articles or things particularly described in the
warrant.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)

Sec. 108-8. Use of force in execution of search warrant.

(a) All necessary and reasonable force may be used to effect an entry into
any building or property or part thereof to execute a search warrant.

(b) The court issuing a warrant may authorize the officer executing the
warrant to make entry without first knocking and announcing his or her office
if it finds, based upon a showing of specific facts, the existence of the
following exigent circumstances:

(1) That the officer reasonably believes that if notice were given a weapon would be used:

(i) against the officer executing the search warrant; or
(ii) against another person.

(2) That if notice were given there is an imminent “danger” that evidence will be destroyed.

(1) prior to entering the location described in the search warrant, a supervising officer will ensure that each participating member is assigned a body worn camera and is following policies and procedures in accordance with Section 10-20 of the Law Enforcement Officer-Worn Body Camera Act; provided that the law enforcement agency has implemented body worn camera in accordance with Section 10-15 of the Law Enforcement Officer-Worn Body Camera Act. If a law enforcement agency or each participating member of a multi-jurisdictional team has not implemented a body camera in accordance with Section 10-15 of the Law Enforcement Officer-Worn Body Camera Act, the officer must attest that the interaction authorized by the warrant is otherwise recorded;
(2) The supervising officer verified the subject address listed on the warrant for accuracy and planned for children or other vulnerable people on-site; and
(3) if an officer becomes aware the search warrant was executed at an address, unit, or apartment different from the location listed on the search warrant, that member will immediately notify a supervisor who will ensure an internal investigation or formal inquiry ensues. (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

(725 ILCS 5/108-9) (from Ch. 38, par. 108-9)

Sec. 108-9.
Detention and search of persons on premises.

In the execution of the warrant the person executing the same may
reasonably detain to search any person in the place at the time:

(a) To protect himself from attack, or

(b) To prevent the disposal or concealment of any instruments, articles
or things particularly described in the warrant.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-10) (from Ch. 38, par. 108-10)

Sec. 108-10.
Return to court of things seized.

A return of all instruments, articles or things seized shall be made
without unnecessary delay before the judge issuing the warrant or before
any judge named in the warrant or before any court of competent
jurisdiction. An inventory of any instruments, articles or things seized
shall be filed with the return and signed under oath by the officer or
person executing the warrant. The judge shall upon request deliver a copy
of the inventory to the person from whom or from whose premises the
instruments, articles or things were taken and to the applicant for the
warrant.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-11) (from Ch. 38, par. 108-11)

Sec. 108-11.
Disposition of things seized.
The court before
which the instruments, articles or things are returned shall
enter an order providing for their custody pending further proceedings.

(Source: P.A. 83-334.)

(725 ILCS 5/108-12) (from Ch. 38, par. 108-12)

Sec. 108-12. Disposition of obscene material. In the case of any material
seized which is alleged to have been possessed or used or intended to be
used contrary to, or is evidence of a violation of, Section 11-20 of the
Criminal Code of 1961 or the Criminal Code of 2012, the court before which the material is
returned shall, upon written request of any person from whom the material
was seized or any person claiming ownership or other right to possession
of such material, enter an order providing for a hearing to determine the
obscene nature thereof not more than 10 days after such return. If the material
is determined to be obscene it shall be held pending further proceedings
as provided by Section 108-11 of this Code. If
the material is determined not to be obscene it shall be returned to the
person from whom or place from which it was seized, or to the person
claiming ownership or other right to possession of such material; provided
that enough of the record material may be retained by the State for
purposes of appellate proceedings. The decision of the court upon this
hearing shall not be admissible as evidence in any other proceeding nor
shall it be res judicata of any question in any other proceeding.

(Source: P.A. 97-1150, eff. 1-25-13.)

(725 ILCS 5/108-13) (from Ch. 38, par. 108-13)

Sec. 108-13.
When warrant may be executed.

The warrant may be executed at any time of any day or night.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/108-14) (from Ch. 38, par. 108-14)

Sec. 108-14.
No warrant quashed for technicality.
No warrant shall be quashed nor evidence suppressed because of technical
irregularities not affecting the substantial rights of the accused.

(Source: Laws 1963, p. 2836.)

(725 ILCS 5/Art. 108A heading)

ARTICLE 108A.
JUDICIAL SUPERVISION OF
THE USE OF EAVESDROPPING DEVICES

(725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1)

Sec. 108A-1.
Authorization for use of eavesdropping device.
The State’s
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) (from Ch. 38, par. 108A-2)

Sec. 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) (from Ch. 38, par. 108A-3)

Sec. 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
the application;

(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
occur thereafter;

(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) (from Ch. 38, par. 108A-4)

Sec. 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) (from Ch. 38, par. 108A-5)

Sec. 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) (from Ch. 38, par. 108A-6)

Sec. 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) (from Ch. 38, par. 108A-7)

Sec. 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) (from Ch. 38, par. 108A-8)

Sec. 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
device; and

(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) (from Ch. 38, par. 108A-9)

Sec. 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) (from Ch. 38, par. 108A-10)

Sec. 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
to suppress.

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) (from Ch. 38, par. 108A-11)

Sec. 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 denied application;
(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 eavesdropping devices;
(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.)

(725 ILCS 5/Art. 108B heading)

ARTICLE 108B.
ELECTRONIC CRIMINAL SURVEILLANCE

(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)

Sec. 108B-1. Definitions. For the purpose of this Article:

(a) “Aggrieved person” means a person who was a party to any intercepted
private communication or any person against
whom the intercept was directed.

(b) “Chief Judge” means, when referring to a judge authorized to receive
application for, and to enter orders authorizing, interceptions of private
communications, the Chief Judge of the Circuit
Court wherein the application for order of interception is filed, or a Circuit
Judge
designated by the Chief Judge to enter these orders. In circuits other than
the Cook County Circuit, “Chief Judge” also means, when referring to a
judge authorized to receive application for, and to enter orders
authorizing, interceptions of private
communications, an Associate
Judge authorized by Supreme Court Rule to try felony cases who is assigned
by the Chief Judge to enter these orders. After assignment by the Chief
Judge, an Associate Judge shall have plenary authority to issue orders
without additional authorization for each specific application made to him
by the State’s Attorney until the time the
Associate
Judge’s power is rescinded by the Chief Judge.

(c) “Communications common carrier” means any person engaged as a common
carrier in the transmission of communications by wire or radio,
not including radio broadcasting.

(d) “Contents” includes information obtained from
a private
communication concerning the existence, substance,
purport or meaning of the communication, or the identity of a party of the
communication.

(e) “Court of competent jurisdiction” means any circuit court.

(f) (Blank).

(g) “Director” means Director of the Illinois State Police.

(g-1) “Electronic communication” means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted in
whole or part by a wire, radio, pager, computer, or electromagnetic, photo
electronic, or photo optical system where the sending and receiving parties
intend the electronic communication to be private and the interception,
recording, or transcription of the electronic communication is accomplished by
a device in a surreptitious manner contrary to the provisions of this Article.
“Electronic communication” does not include:

(1) any wire or oral communication; or
(2) any communication from a tracking device.

(h) “Electronic criminal surveillance device” or “eavesdropping device”
means any device or apparatus, or computer program including an induction
coil, that can be used to intercept private
communication other than:

(1) Any telephone, telegraph or telecommunication instrument, equipment or facility, or any component of it, furnished to the subscriber or user by a communication common carrier in the ordinary course of its business, or purchased by any person and being used by the subscriber, user or person in the ordinary course of his business, or being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or
(2) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(i) “Electronic criminal surveillance officer” means any law enforcement
officer or retired law enforcement officer of the United States or of the State
or political subdivision of
it, or of another State, or of a political subdivision of it, who is
certified by the Illinois State Police to intercept private
communications.
A retired law enforcement officer may be certified by the Illinois State
Police only to (i) prepare petitions for the authority to intercept private
communications in accordance with the provisions of this Act; (ii)
intercept and supervise the interception of private communications;
(iii)
handle, safeguard, and use evidence derived from such private
communications; and (iv) operate and maintain equipment used to intercept
private
communications.

(j) “In-progress trace” means to determine the origin of a wire
communication to a telephone or telegraph instrument, equipment or facility
during the course of the communication.

(k) “Intercept” means the aural or other acquisition of the contents of
any private communication through the use of any
electronic criminal
surveillance device.

(l) “Journalist” means a person engaged in, connected with, or employed
by news media, including newspapers, magazines, press associations, news
agencies, wire services, radio, television or other similar media, for the
purpose of gathering, processing, transmitting, compiling, editing or
disseminating news for the general public.

(m) “Law enforcement agency” means any law enforcement agency of the
United States, or the State or a political subdivision of it.

(n) “Oral communication” means human speech used to
communicate by one
party to another, in person, by wire communication or by any other means.

(o) “Private communication” means a wire,
oral, or electronic communication
uttered or transmitted by a person exhibiting an expectation that the
communication is not
subject to interception, under circumstances reasonably justifying the
expectation. Circumstances that reasonably justify the expectation that
a communication is not subject to interception include the use of a
cordless telephone or cellular communication device.

(p) “Wire communication” means any human speech used to communicate by
one party to another in whole or in part through the use of facilities for
the transmission of communications by wire, cable or other like
connection between the point of origin and the point of reception
furnished or operated by a communications common carrier.

(q) “Privileged communications” means a private
communication between:

(1) a licensed and practicing physician and a patient within the scope of the profession of the physician;
(2) a licensed and practicing psychologist to a patient within the scope of the profession of the psychologist;
(3) a licensed and practicing attorney-at-law and a client within the scope of the profession of the lawyer;
(4) a practicing clergyman and a confidant within the scope of the profession of the clergyman;
(5) a practicing journalist within the scope of his profession;
(6) spouses within the scope of their marital relationship; or
(7) a licensed and practicing social worker to a client within the scope of the profession of the social worker.

(r) “Retired law
enforcement officer” means a person: (1) who is a graduate of a
police training institute or academy, who after graduating served for
at least 15 consecutive years as a sworn, full-time peace officer
qualified to carry firearms for any federal or State department or
agency or for any unit of local government of Illinois; (2) who has
retired as a local, State, or federal peace officer in a
publicly created peace officer retirement system; and (3) whose
service in law enforcement was honorably terminated through
retirement or disability and not as a result of discipline, suspension,
or discharge.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 5/108B-1.5)

Sec. 108B-1.5.
Retired law enforcement officer.
Nothing in this
Article authorizes a retired law enforcement officer to display or use a
firearm at any time.

(Source: P.A. 92-863, eff. 1-3-03.)

(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)

Sec. 108B-2. Request for application for interception.

(a) A State’s Attorney may apply for an order
authorizing interception of private communications in
accordance with the provisions of this Article.

(b) The head of a law enforcement agency, including, for purposes of
this subsection, the acting head of such law enforcement agency if the head
of such agency is absent or unable to serve, may request that a State’s
Attorney apply for an order authorizing
interception of private communications in accordance with
the provisions of this Article.

Upon request of a law enforcement agency, the Illinois State Police may provide
technical assistance to such an agency which is authorized to conduct an
interception.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 5/108B-2a) (from Ch. 38, par. 108B-2a)

Sec. 108B-2a.
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 officer, including any attorney authorized by law
to prosecute or participate in the prosecution of offenses enumerated in
Section 108B-3 of this Act or 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 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. 85-1203.)

(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)

Sec. 108B-3. Authorization for the interception of private
communication.

(a) The State’s Attorney, or a person
designated in writing or
by law to act for him and to perform his duties during his 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 (i) 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 violation of Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation of murder for hire), 9-1 (first degree murder), 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons), paragraph (1), (2), or (3) of subsection (a) of Section 11-14.4 (promoting juvenile prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a minor engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a minor engaged in prostitution), 11-19.1 (juvenile pimping and aggravated juvenile pimping), or 29B-1
(money laundering) of the Criminal Code of 1961 or the Criminal Code of 2012,
Section 401, 401.1 (controlled substance
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of the Illinois
Controlled Substances Act or any Section of the Methamphetamine Control and Community Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of 2012
or conspiracy to commit money laundering or
conspiracy to commit first degree murder; (ii)
in response to 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; (iii) to aid an investigation
or prosecution of a civil action brought under the Illinois Streetgang
Terrorism Omnibus Prevention Act when there is probable cause to
believe the
interception of the private communication will
provide evidence that a
streetgang is committing, has committed, or will commit a second or subsequent
gang-related offense or that the interception of the private
communication
will aid in the collection of a judgment entered under that Act; or (iv)
upon
information and belief that a streetgang has committed, is committing, or is
about to commit a felony.

(b) 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 circuit court 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 violation of an offense under Article
29D of the Criminal Code of 1961 or the Criminal Code of 2012.

(b-1) Subsection (b) is inoperative on and after January 1, 2005.

(b-2) No conversations recorded or monitored pursuant to subsection (b)
shall be made inadmissible in a court of law by virtue of subsection (b-1).

(c) As used in this Section, “streetgang” and “gang-related” have the
meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.

(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4)

Sec. 108B-4.
Application for order of interception.

(a) Each application for an order of authorization to intercept a private
communication shall be made in writing upon oath
or affirmation and shall include:

(1) the authority of the applicant to make the application;
(2) the identity of the electronic criminal surveillance officer for whom the authority to intercept a private communication is sought;
(3) the facts relied upon by the applicant including:

(i) the identity of the particular person, if known, who is committing, is about to commit, or has committed the offense and whose private communication is to be intercepted;
(ii) the details as to the particular offense that has been, is being, or is about to be committed;
(iii) the particular type of private communication to be intercepted;
(iv) except as provided in Section 108B-7.5, a showing that there is probable cause to believe that the private communication will be communicated on the particular wire or electronic communication facility involved or at the particular place where the oral communication is to be intercepted;
(v) except as provided in Section 108B-7.5, the character and location of the particular wire or electronic communication facilities involved or the particular place where the oral communication is to be intercepted;
(vi) the objective of the investigation;
(vii) a statement of the period of time for which the interception is required to be maintained, and, if the objective of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will continue to occur;
(viii) a particular statement of facts showing that other normal investigative procedures with respect to the offense have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or are too dangerous to employ;

(4) where the application is for the extension of an order, a statement of facts showing the results obtained from the interception, or a reasonable explanation of the failure to obtain results;
(5) a statement of the facts concerning all previous applications known to the applicant made to any court for authorization to intercept a private communication involving any of the same facilities or places specified in the application or involving any person whose communication is to be intercepted, and the action taken by the court on each application;
(6) a proposed order of authorization for consideration by the judge; and
(7) such additional statements of facts in support of the application on which the applicant may rely or as the chief judge may require.

(b) As part of the consideration of that part of an application for which
there is no corroborative evidence offered, the chief judge may inquire in
camera
as to the identity of any informant or request any other additional information
concerning the basis upon which the State’s Attorney,
or the head of the
law enforcement agency
has relied in making an application or a request for application for the
order of authorization which
the chief judge finds relevant
to the determination of probable cause under this Article.

(Source: P.A. 92-854, eff. 12-5-02.)

(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)

Sec. 108B-5. Requirements for order of interception.

(a) Upon consideration of an application, the chief judge may enter an
ex parte order, as requested or as modified, authorizing the interception of
a private communication, if the chief judge determines on the basis of the
application submitted by the applicant, that:

(1) There is probable cause for belief that (A) the person whose private communication is to be intercepted is committing, has committed, or is about to commit an offense enumerated in Section 108B-3, or (B) the facilities from which, or the place where, the private communication is to be intercepted, is, has been, or is about to be used in connection with the commission of the offense, or is leased to, listed in the name of, or commonly used by, the person; and
(2) There is probable cause for belief that a particular private communication concerning such offense may be obtained through the interception; and
(3) Normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be unlikely to succeed if tried or too dangerous to employ; and
(4) The electronic criminal surveillance officers to be authorized to supervise the interception of the private communication have been certified by the Illinois State Police.

(b) In the case of an application, other than for an extension, for an
order to intercept a communication of a person or on a wire communication
facility that was the subject of a previous order authorizing interception,
the application shall be based upon new evidence or information different from
and in addition to the evidence or information offered to support the prior
order, regardless of whether the evidence was derived from prior interceptions
or from other sources.

(c) The chief judge may authorize interception of a private
communication anywhere in the judicial circuit. If the
court authorizes
the use of an eavesdropping device with respect to a vehicle, watercraft,
or aircraft that is within the judicial circuit at the time the order is
issued, the order may provide that the interception may continue anywhere
within the State if the vehicle, watercraft, or aircraft leaves the
judicial circuit.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 5/108B-6) (from Ch. 38, par. 108B-6)

Sec. 108B-6.
Privileged communications.
Nothing in this Article shall
be construed to authorize the interception, disclosure or use of
information obtained from privileged communications.

(Source: P.A. 85-1203.)

(725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7)

Sec. 108B-7.
Contents of order for use of eavesdropping device.

(a) Each order authorizing the interception of a private
communication shall state:

(1) the chief judge is authorized to issue the order;
(2) the identity of, or a particular description of, the person, if known, whose private communications are to be intercepted;
(3) the character and location of the particular wire communication facilities as to which, or the particular place of the communications as to which, authority to intercept is granted;
(4) a particular description of the type of private communication to be intercepted and a statement of the particular offense to which it relates;
(5) the identity and certification of the electronic criminal surveillance officers to whom the authority to intercept a private communication is given and the identity of the person who authorized the application; and
(6) the period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

(b) No order entered under this Section shall authorize the interception
of private communications for a period of time in
excess of that necessary
to achieve the objective of the authorization. Every order entered under
this Section shall require that the interception begin and terminate as
soon as practicable and be conducted in such a manner as to minimize the
interception of communications not otherwise subject to interception. No
order, other than for an extension, entered under this Section may authorize
the interception of private communications for
any
period exceeding
30 days. Extensions of an order may be granted for periods of not more than 30
days.
No extension shall be granted unless an application for it is made in
accordance
with Section 108B-4 and the judge makes the findings required by Section
108B-5 and, where necessary, Section 108B-6.

(c) Whenever an order authorizing an interception is entered, the order
shall require reports to be made to the chief judge who issued the order
showing
what progress has been made toward achievement of the authorized objective
and the need for continued interception. The reports shall be made at such
intervals as the judge may require.

(d) An order authorizing the interception of a private
communication
shall, upon request of the applicant, direct that a communications common
carrier, landlord, owner, building operator, custodian, or other person furnish
the applicant forthwith all information, facilities and technical assistance
necessary to accomplish the interception unobtrusively and with
a minimum of interference with the services that the carrier, owner, building
operator, landlord, custodian, or person is affording the person whose
communication
is to be intercepted. The obligation of a communications common carrier
under the order may include conducting an in-progress trace during an
interception.
Any communications common carrier, landlord, owner, building operator,
custodian,
or person
furnishing the facilities or technical assistance shall be compensated by
the applicant at the prevailing rates.

(e) A communications common carrier, landlord, owner, building operator,
custodian, or other person who has been provided with an order issued under
this Article shall not disclose the existence of the order of interception,
or of a device used to accomplish the interception unless:

(1) he is required to do so by legal process; and
(2) he has given prior notification to the State’s Attorney, who has authorized the application for the order.

(f) An order authorizing the interception of a private
communication
shall, upon the request of the applicant, authorize the entry into the place
or facilities by electronic criminal surveillance officers as often as
necessary
for the purpose of installing, maintaining or removing an intercepting device
where the entry is necessary to conduct or complete the interception.
The chief judge who issues the order shall be notified of the fact of each
entry
prior to entry, if practicable, and, in any case, within 48 hours of entry.

(g) (1) Notwithstanding any provision of this Article, any chief judge of a
court of competent jurisdiction to which any application is made under this
Article may take any evidence, make any finding, or issue any order to conform
the proceedings or the issuance of any order to the Constitution of the
United States, or of any law of the United States or to the Constitution of the
State of Illinois or to the laws of Illinois.

(2) When the language of this Article is the same or similar to the language
of Title III of P.L. 90-351 (82 Stat. 211 et seq., codified at, 18 U.S.C.
2510 et seq.), the courts of this State in construing this Article shall
follow the construction given to Federal law by the United States Supreme
Court or United States Court of Appeals for the Seventh Circuit.

(Source: P.A. 92-854, eff. 12-5-02.)

(725 ILCS 5/108B-7.5)

Sec. 108B-7.5. Applicability.

(a) The requirements of
subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article
relating to the specification of
the facilities from which, or the place where, the communication is to be
intercepted do not apply if:

(1) in the case of an application with respect to the interception of an oral communication:

(A) the application is by 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;
(B) the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted;
(C) the judge finds that such specification is not practical; and
(D) the order sought is in connection with an investigation of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.

(2) in the case of an application with respect to a wire or electronic communication:

(A) the application is by 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;
(B) the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person’s actions could have the effect of thwarting interception from a specified facility;
(C) the judge finds that such showing has been adequately made;
(D) the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted; and
(E) the order sought is in connection with an investigation of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.

(b) An interception of a communication under an order with respect to which
the requirements of
subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article do
not apply by reason of this Section
shall not begin until the place where the communication is to be intercepted is
ascertained by the person implementing the interception order. A provider of
wire or electronic communications service that has received an order as
provided for in subdivision (a)(2) may upon notice to the People move the court
to modify or quash the
order on the ground that its assistance with respect to the interception cannot
be performed in a timely or reasonable fashion. The court
shall decide such a motion expeditiously.

(Source: P.A. 97-1150, eff. 1-25-13.)

(725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)

Sec. 108B-8. Emergency use of eavesdropping device.

(a) Whenever,
upon informal application by the State’s Attorney,
a chief judge of competent jurisdiction determines that:

(1) there may be grounds upon which an order could be issued under this Article;
(2) there is probable cause to believe that an emergency situation exists with respect to the investigation of an offense enumerated in Section 108B-3; and
(3) there is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate interception of a private communication before formal application for an order could with due diligence be submitted to him and acted upon; the chief judge may grant oral approval for an interception, without an order, conditioned upon the filing with him, within 48 hours, of an application for an order under Section 108B-4 which shall also recite the oral approval under this Section and be retroactive to the time of the oral approval.

(b) Interception under oral approval under this Section shall immediately
terminate when the communication sought is obtained or when the application
for an order is denied, whichever is earlier.

(c) In the event no formal application for an order is subsequently made
under this Section,
the content of any private communication
intercepted under oral approval
under this Section shall be treated as having been obtained in violation
of this Article.

(d) In the event no application for an order is made under this Section
or an application made under this Section is subsequently denied, the judge
shall cause an
inventory to be served under Section 108B-11 of this Article and shall require
the tape or other recording of the intercepted communication to be delivered
to, and sealed by, the judge. The evidence shall be retained by the court,
and it shall not be used or disclosed in any legal proceeding, except a
civil action brought by an aggrieved person under Section 14-6 of the Criminal
Code of 1961 or the Criminal Code of 2012, or as otherwise authorized by the order of a court of competent
jurisdiction. In addition to other remedies or penalties provided by law,
failure to deliver any tape or other recording to the chief judge shall be
punishable
as contempt by the judge directing the delivery.

(Source: P.A. 97-1150, eff. 1-25-13.)

(725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)

Sec. 108B-9.
Recordings, records and custody.

(a) Any private
communication intercepted in accordance with this Article shall, if
practicable, be recorded by tape or other comparable method. The recording
shall, if practicable, be done in such a way as will protect it from
editing or other alteration. During an interception, the interception
shall be carried out by an electronic criminal surveillance officer, and,
if practicable, such officer shall keep a signed, written record, including:

(1) the date and hours of surveillance;
(2) the time and duration of each intercepted communication;
(3) the parties, if known, to each intercepted conversation; and
(4) a summary of the contents of each intercepted communication.

(b) Immediately upon the expiration of the order or its extensions, the
tapes and other recordings shall be transferred to the chief judge issuing the
order and sealed under his direction. Custody of the tapes, or other
recordings, shall be maintained wherever the chief judge directs. They
shall not be destroyed except upon an order of a court of competent
jurisdiction and in any event shall be kept for 10 years. Duplicate tapes
or other recordings may be made for disclosure or use under paragraph (a)
of Section 108B-2a of this Article. The presence of the seal provided by
this Section, or a satisfactory explanation for its absence, shall be a
prerequisite for the disclosure of the contents of any private
communication, or evidence derived from it, under
paragraph (b) of Section 108B-2a of this Article.

(Source: P.A. 92-854, eff. 12-5-02.)

(725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10)

Sec. 108B-10.
Applications, orders, and custody.

(a) Applications made
and orders granted under this Article for the interception of private
communications shall be sealed by the chief judge issuing or denying them and
held in custody as the judge shall direct. The applications and orders
shall be kept for a period of 10 years. Destruction of the applications
and orders prior to the expiration of that period of time may be made only
upon the order of
a court of competent jurisdiction. Disclosure of the applications and orders
may be ordered by a court of competent jurisdiction on a showing of good
cause.

(b) The electronic criminal surveillance officer shall retain a copy of
applications
and orders for the interception of private
communications. The applications
and orders shall be kept for a period of 10 years. Destruction of the
applications
and orders prior to the expiration of that period of time may be made only
upon an order of a
court of competent jurisdiction. Disclosure and use of the applications
and orders may be made by an electronic criminal surveillance officer only
in the proper performance of his official duties.

(c) In addition to any other remedies or penalties provided by law,
any violation of this Section shall be punishable as contempt of court.

(Source: P.A. 92-854, eff. 12-5-02.)

(725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)

Sec. 108B-11. Inventory.

(a) Within a reasonable period of time but
not later than 90 days after the termination of the period of the order,
or its extensions, or the date of the denial of an application made under
Section 108B-8, the chief judge issuing or denying the order or extension shall
cause an inventory to be served on any person:

(1) named in the order;
(2) arrested as a result of the interception of his private communication;
(3) indicted or otherwise charged as a result of the interception of his private communication;
(4) whose private communication was intercepted and who the judge issuing or denying the order or application may in his discretion determine should be informed in the interest of justice.

(b) The inventory under this Section shall include:

(1) notice of the entry of the order or the application for an order denied under Section 108B-8;
(2) the date of the entry of the order or the denial of an order applied for under Section 108B-8;
(3) the period of authorized or disapproved interception; and
(4) the fact that during the period a private communication was or was not intercepted.

(c) A court of competent jurisdiction, upon filing of a motion, may
in its discretion make available to those persons or their attorneys for
inspection those portions of the intercepted communications, applications
and orders as the court determines to be in the interest of justice.

(d) On an ex parte showing of good cause to a court of competent
jurisdiction, the serving of the inventories required by this Section
may be postponed for a period not to exceed 12 months.

(Source: P.A. 95-331, eff. 8-21-07.)

(725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)

Sec. 108B-12.
Approval, notice, suppression.

(a) If an electronic
criminal surveillance officer, while intercepting a private
communication
in accordance with the provision of this Article, intercepts a private
communication that relates to an offense other than an
offense enumerated
in Section 108B-3 of the Act, or relates to an offense enumerated in Section
108B-3 but not specified in the order of authorization,
the State’s Attorney,
or a person designated in writing or by law to act for him, may, in order
to permit the disclosure or use of the information under Section 108B-2a of
this Act, make a motion for an order
approving the interception. The chief judge of a court of competent
jurisdiction
shall enter an order approving the interception if he finds that at the
time of the application, there existed probable cause to believe that a
person whose private communication was
intercepted
was committing or
had committed an offense and the content of the communication relates to
that offense, and that the communication
was otherwise intercepted in accordance with the provisions of this Article.

(b) An intercepted private communication, or
evidence derived from
it, may not be received in evidence or otherwise disclosed in an official
proceeding unless each aggrieved person who is a party in the official
proceeding,
including any proceeding before a legislative, judicial, administrative
or other governmental agency or official authorized to hear evidence under
oath or other person taking testimony or depositions in any such proceeding,
other than a grand jury, has, not less than 10 days
before the official proceeding, been furnished with a copy of the court
order, and the accompanying application, under which the interception was
authorized or approved. The 10 day period may be waived by the presiding
official if he finds that it was not practicable to furnish the person with
the information 10 days before the proceeding, and that the person will
not be or has not been prejudiced by delay in receiving the information.

(c) An aggrieved person in an official proceeding may make a motion under
this Section to suppress the contents of an intercepted private
communication,
or evidence derived from it, on the grounds that:

(1) the communication was unlawfully intercepted;
(2) the order of authorization or approval under which it was intercepted is insufficient on its face; or
(3) the interception was not made in conformity with the order of authorization or approval or at the time of the application there was not probable cause to believe that the aggrieved person was committing or had committed the offense to which the content of the private communication relates.

(d) If a motion under this Section duly alleges that the evidence sought
to be suppressed in an official proceeding, including a grand jury, has
been derived from an unlawfully intercepted private
communication,
and if the aggrieved person who is a party has not been served with notice
of the interception
under this Section, the opponent of the allegation shall, after conducting
a thorough search of its files, affirm or deny the occurrence of the alleged
unlawful interception, but no motion shall be considered if the alleged
unlawful interception took place more than 5 years before the event to
which the evidence relates.

(e) Where a motion is duly made under this Section prior to the appearance
of a witness before a grand jury, the opponent of the motion may make such
applications and orders as it has available to the chief judge of a court of
competent
jurisdiction in camera, and if the judge determines that there is no defect
in them sufficient on its face to render them invalid, the judge shall inform
the witness that he has not been the subject of an unlawful interception.
If the judge determines that there is a defect in them sufficient on its
face to render them invalid, he shall enter an order prohibiting any question
being put to the witness based on the unlawful interception.

(f) Motions under this Section shall be made prior to the official
proceeding
unless there was no opportunity to make the motion or unless the aggrieved
person who is a party was not aware of the grounds for the motion. Motions
by co-indictees
shall, on motion of the People, be heard in a single consolidated hearing.

(g) A chief judge of a court of competent jurisdiction, upon the filing of a
motion by an aggrieved person who is a party under this Section, except before
a grand
jury, may make available for inspection by the aggrieved person or his attorney
such portions of the intercepted private communications, applications and
orders
or the evidence derived from them as the judge determines to be in the interest
of justice.

(h) If a motion under this Section is granted, the intercepted private communication, and evidence derived from it, may not be received in
evidence in an official proceeding, including a grand jury.

(i) In addition to any other right of appeal, the People shall have the
right to appeal from an order granting a motion to suppress if the official
to whom the order authorizing the interception was granted certifies to
the court that the appeal is not taken for purposes of delay. The appeal
shall otherwise be taken in accordance with the law.

(Source: P.A. 92-854, eff. 12-5-02.)

(725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)

Sec. 108B-13. Reports concerning use of eavesdropping devices.

(a) Within 30 days after the expiration of an order and each extension
thereof
authorizing an interception, or within 30 days after the denial of an
application or disapproval of an application subsequent to any alleged
emergency situation, the State’s Attorney shall report to the Illinois
State Police the following:

(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 offense enumerated in Section 108B-3 which is specified in the order or extension or in the denied application;
(6) the identity of the applying electronic criminal surveillance 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) In January of each year the State’s Attorney of each county in which
an interception occurred pursuant to the provisions of this Article shall
report to the Illinois State Police the following:

(1) a general description of the uses of eavesdropping devices actually made under such order to overhear 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 eavesdropping devices;
(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.

On or before March 1 of each year, the Director of the Illinois
State Police shall submit to the Governor a report of all intercepts as
defined herein conducted pursuant to this Article and terminated during the
preceding calendar year. Such report shall include:

(1) the reports of State’s Attorneys forwarded to the Director as required in this Section;
(2) the number of Illinois State Police personnel authorized to possess, install, or operate electronic, mechanical, or other devices;
(3) the number of Illinois State Police and other law enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this Article during the preceding calendar year;
(4) the number of electronic criminal surveillance officers trained by the Illinois State Police;
(5) the total cost to the Illinois State Police of all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided to or by the Illinois State Police; and
(6) a summary of the use of eavesdropping devices pursuant to orders of interception including (a) the frequency of use in each county, (b) the frequency of use for each crime enumerated in Section 108B-3 of the Code of Criminal Procedure of 1963, as amended, (c) the type and frequency of eavesdropping device use, and (d) the frequency of use by each police department or law enforcement agency of this State.

(d) In April of each year, the Director of the Illinois State
Police and the Governor shall each transmit to the General
Assembly reports 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, the
convictions arising out of such uses, and a summary of the information
required by subsections (a) and (b) of this Section.

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.)

(725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)

Sec. 108B-14. Training.

(a) The Director of the Illinois State Police shall:

(1) Establish a course of training in the legal, practical, and technical aspects of the interception of private communications and related investigation and prosecution techniques;
(2) Issue regulations as he finds necessary for the training program;
(3) In cooperation with the Illinois Law Enforcement Training Standards Board, set minimum standards for certification and periodic recertification of electronic criminal surveillance officers as eligible to apply for orders authorizing the interception of private communications, to conduct the interceptions, and to use the private communications or evidence derived from them in official proceedings; and
(4) In cooperation with the Illinois Law Enforcement Training Standards Board, revoke or suspend the certification of any electronic criminal surveillance officer who has violated any law relating to electronic criminal surveillance, or any of the guidelines established by the Illinois State Police for conducting electronic criminal surveillance.

(b) The Executive Director of the Illinois Law Enforcement Training
Standards Board shall:

(1) Pursuant to the Illinois Police Training Act, review the course of training prescribed by the Illinois State Police for the purpose of certification relating to reimbursement of expenses incurred by local law enforcement agencies participating in the electronic criminal surveillance officer training process, and
(2) Assist the Illinois State Police in establishing minimum standards for certification and periodic recertification of electronic criminal surveillance officers as being eligible to apply for orders authorizing the interception of private communications, to conduct the interpretations, and to use the communications or evidence derived from them in official proceedings.

(Source: P.A. 102-538, eff. 8-20-21.)

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