Illinois 97th Regular Session Status: Passed Senate

SB 3701 — CRIM PRO-TRACKING DEVICES

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 97th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Code of Criminal Procedure of 1963. Provides that upon the written complaint of a person under oath or affirmation which states facts sufficient to show probable cause to install and use a tracking device, a judge may issue a search warrant to install and use a tracking device. Provides that a tracking device search warrant must identify the person or property to be tracked, designate the judge to whom it must be returned, and specify a reasonable length of time that the device may be used. Provides that the time must not exceed 45 days from the date the tracking device search warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed 45 days each. Provides that the tracking device search warrant must command the officer to complete the installation authorized by the warrant within a specified time no longer than 10 days from the time of issuance of the tracking device search warrant.

Bill Text

What changed in the latest version

133 added · 135 removed

Plain-language change summary

The bill SB 3701 has been amended to clarify the process by which judges can issue search warrants for installing and using tracking devices. Now, the amendments explicitly state that a tracking device can be used to monitor the movement of a person or object, and it establishes specific guidelines for how long the tracking can take place—initially up to 45 days, with possible extensions. These changes are important as they aim to strike a balance between law enforcement needs and individual privacy rights by clearly defining the conditions under which tracking can occur.

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*LRB09718498RLC63729b* SB3701 97TH GENERAL ASSEMBLY State of Illinois and 2012 SB3701 Introduced 2/10/2012, by Sen.
SB3701 Engrossed LRB097 18498 RLC 63729 b AN ACT concerning criminal law.
John J.
Millner SYNOPSIS AS INTRODUCED:
ILCS 5/108-3 from Ch.
38, par.
108-3 ILCS 5/108-6 from Ch.
38, par.
108-6 ILCS 5/108-7 from Ch.
38, par.
108-7 ILCS 5/108-10 from Ch.
38, par.
108-10 Amends the Code of Criminal Procedure of 1963.
Provides that upon the written complaint of a person under oath or affirmation which states facts sufficient to show probable cause to install and use a tracking device, a judge may issue a search warrant to install and use a tracking device.
Provides that a tracking device search warrant must identify the person or property to be tracked, designate the judge to whom it must be returned, and specify a reasonable length of time that the device may be used.
Provides that the time must not exceed 45 days from the date the tracking device search warrant was issued.
The court may, for good cause, grant one or more extensions for a reasonable period not to exceed 45 days each.
Provides that the tracking device search warrant must command the officer to complete the installation authorized by the warrant within a specified time no longer than 10 days from the time of issuance of the tracking device search warrant.
LRB097 18498 RLC 63729 b A BILL FOR SB3701 LRB097 18498 RLC 63729 b AN ACT concerning criminal law.
(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:
(a) Except as provided in subsection (b) or (c), 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:
(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 SB3701 - 2 - LRB097 18498 RLC 63729 b human fetus or human corpse.
(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 SB3701 Engrossed - 2 - LRB097 18498 RLC 63729 b human fetus or human corpse.
(c) Upon the written complaint of a person under oath or affirmation which states facts sufficient to show probable cause to install and use a tracking device, a judge may issue a search warrant to install and use a tracking device.
(c) Upon the written complaint of a person under oath or affirmation which states facts sufficient to show probable cause to install and use a tracking device, a judge may issue a search warrant to install or otherwise activate and use a tracking device.
A tracking device search warrant must identify the person or property to be tracked, designate the judge to whom it must be returned, and specify a reasonable length of time that the device may be used.
A tracking device search warrant must identify the person or property to be tracked, if known, designate the judge to whom it must be returned, and specify a reasonable length of time that the device may be used.
The warrant may SB3701 Engrossed - 3 - LRB097 18498 RLC 63729 b authorize or direct a third party to perform the physical installation of the tracking device or otherwise enable the means by which the movement of the person or property named in the tracking device search warrant may be tracked.
SB3701 - 3 - LRB097 18498 RLC 63729 b (i) complete the installation authorized by the warrant within a specified time no longer than 10 days;
(1) complete or cause to be completed the installation authorized by the warrant within a specified time no longer than 10 days from the date of issuance of the tracking device search warrant;
(ii) perform the installation authorized by the court at any time of any day or night;
(2) perform or cause to be performed the installation authorized by the court at any time of any day or night;
and (iii) return the warrant to the judge designated in the warrant.
and (3) return the warrant to the judge designated in the warrant.
(a) The warrant shall be executed within 96 hours from the time of issuance.
(a) A search The warrant issued under subsection (a) or (b) of Section 108-3 of this Act shall be executed within 96 hours from the time of issuance.
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".
Any warrant not executed within such time shall be void and shall be returned SB3701 Engrossed - 4 - LRB097 18498 RLC 63729 b to the court of the judge issuing the same as "not executed".
(b) Execution of tracking device search warrants.
(b) A tracking device search warrant issued under subsection (c) of Section 108-3 of this Act shall specify a reasonable length of time that the device may be used.
The tracking device search warrant shall specify a reasonable length of time that the device may be used.
The tracking device search warrant must command the officer to complete the installation authorized by the warrant within a SB3701 - 4 - LRB097 18498 RLC 63729 b specified time no longer than 10 days from the time of issuance of the tracking device search warrant.
The tracking device search warrant shall command the officer to complete, or cause to be completed, the installation authorized by the warrant within a specified time no longer than 10 days from the time of issuance of the tracking device search warrant.
The tracking device search warrant authorizes the use of the tracking device within the State of Illinois, and outside the State of Illinois if the tracking device was installed within the State of Illinois.
The tracking device search warrant authorizes the use of the tracking device within the State of Illinois, and outside the State of Illinois if the tracking device was installed within the State of Illinois or if the interception of the tracking device information is occurring within the State of Illinois.
The officer executing a tracking device warrant must enter on it the exact date and time the device was installed and the period during which it was used.
The officer executing a tracking device warrant must enter on it the exact date and time the device was installed or otherwise activated, the identity of the individual or individuals responsible for the device's installation or activation, and the period during which it was used.
Within 10 days after the use of the tracking device has ended, the officer executing a tracking device search warrant must serve a copy of the tracking device search warrant on the person who was tracked or whose property was tracked.
Within 10 days after the use SB3701 Engrossed - 5 - LRB097 18498 RLC 63729 b of the tracking device has ended, the officer executing a tracking device search warrant must serve a copy of the tracking device search warrant on the person who was tracked or whose property was tracked.
Service may be accomplished by delivering a copy to the person who, or whose property, was tracked, or by leaving a copy at the person's residence or usual place of abode with an individual of suitable age and discretion who resides at that location and by mailing a copy to the person's last known address.
Service may be accomplished by delivering a copy to the person who, or whose property, was tracked, if known, or by leaving a copy at the person's residence or usual place of abode with an individual of suitable age and discretion who resides at that location and by mailing a copy to the person's last known address.
A warrant not executed within that time shall be void and shall be returned to the court of the judge issuing the same as "not executed." (Source:
A warrant not executed within that time shall be void and shall be returned to the court of the judge issuing the same as "not executed".
(Source:
2836.) SB3701 - 5 - LRB097 18498 RLC 63729 b (725 ILCS 5/108-7) (from Ch.
2836.) (725 ILCS 5/108-7) (from Ch.
(a) 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.
(a) A search The warrant issued under subsection (a) or (b) of Section 108-3 of this Act 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.
(b) The tracking device search warrant must command the person directed to execute the warrant to:
(b) A tracking device search warrant issued under subsection (c) of Section 108-3 of this Act shall command the person directed to execute the warrant to:
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(i) complete the installation authorized by the warrant within a specified time no longer than 10 days;
(1) complete or cause to be completed the installation authorized by the warrant within a specified time no longer SB3701 Engrossed - 6 - LRB097 18498 RLC 63729 b than 10 days from the date of issuance of the tracking device search warrant;
(ii) perform the installation authorized by the court at any time of any day or night;
(2) perform or cause to be performed the installation authorized by the court at any time of any day or night;
and (iii) return the warrant to the judge designated in the warrant.
and (3) return the warrant to the judge designated in the warrant.
(c) The tracking device search warrant may authorize the removal of the tracking device after the use of the tracking device has ended from any public place where the tracking device may be located.
Return to court of things seized.
Return to court of things seized or data collected.
(a) 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.
(a) Except as provided in subsection (b), a 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 search warrant or before any court of competent jurisdiction.
The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the SB3701 - 6 - LRB097 18498 RLC 63729 b instruments, articles or things were taken and to the applicant for 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 SB3701 Engrossed - 7 - LRB097 18498 RLC 63729 b for the warrant.
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Action History

  1. Session Sine Die

  2. Referred to Rules Committee

  3. First Reading

  4. Placed on Calendar Order of First Reading

  5. Chief House Sponsor Rep. Dennis M. Reboletti

  6. Arrived in House

  7. Third Reading - Passed; 055-000-000

  8. Placed on Calendar Order of 3rd Reading March 28, 2012

  9. Senate Floor Amendment No. 1 Adopted; Dillard

  10. Second Reading

  11. Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 006-000-000

  12. Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

  13. Added as Chief Co-Sponsor Sen. Kirk W. Dillard

  14. Sponsor Removed Sen. Kirk W. Dillard

  15. Senate Floor Amendment No. 1 Referred to Assignments

  16. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard

  17. Added as Co-Sponsor Sen. Kirk W. Dillard

  18. Placed on Calendar Order of 2nd Reading March 8, 2012

  19. Do Pass Criminal Law; 007-000-000

  20. Assigned to Criminal Law

  21. Referred to Assignments

  22. First Reading

  23. Filed with Secretary by Sen. John J. Millner

Sponsors

  • John J. Millner · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Millner

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 43003
Democrat 9001
Republican 3000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Meeks — Not Voting
Millner — Not Voting
Frerichs — Yea
Muñoz — Yea
Hutchinson — Yea
Jones, J. — Not Voting
Kotowski — Yea
LaHood — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
McCann — Yea
McCarter — Yea
Mulroe — Yea
Noland — Yea
Brady — Yea
Jacobs — Yea
Johnson, C. — Yea
McGuire — Yea
Johnson, T. — Yea
Schoenberg — Yea
Silverstein — Yea
Sullivan — Yea
Steans — Yea
Trotter — Yea
Cullerton — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Landek — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3701 do?
Amends the Code of Criminal Procedure of 1963. Provides that upon the written complaint of a person under oath or affirmation which states facts sufficient to show probable cause to install and use a tracking device, a judge may issue a search warrant to install and use a tracking device. Provides that a tracking device search warrant must identify the person or property to be tracked, designate the judge to whom it must be returned, and specify a reasonable length of time that the device may be used. Provides that the time must not exceed 45 days from the date the tracking device search warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed 45 days each. Provides that the tracking device search warrant must command the officer to complete the installation authorized by the warrant within a specified time no longer than 10 days from the time of issuance of the tracking device search warrant.
Who sponsors SB 3701?
SB 3701 is sponsored by John J. Millner.
What is the current status of SB 3701?
This bill died with 97th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 3701?
Track SB 3701 free on One Click Politics — get push/email alerts when it moves.

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