Illinois 98th Regular Session Status: Passed Senate

SB 2188 — CRIM PRO SEARCH WARRANTS

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 98th 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. In provision on obtaining a search warrant by oral testimony, deletes use of telephone, fax, or other appropriate means to communicate sworn testimony supporting a search warrant request on a terrorism or terrorism-related offense to a judge when the circumstances make it reasonable to dispense with a sworn affidavit. Replaces the deleted provision with a general provision applicable to any offense allowing a search warrant request to be made by electronic means that has a simultaneous video and audio transmission between the requestor and a judge. The judge may issue a search warrant based upon sworn testimony communicated in the transmission. Deletes provision that made search warrant upon oral testimony subsection inoperative on January 1, 2005 and the savings clause for admissibility of evidence obtained by a search warrant issued under the subsection prior to it becoming inoperative.

Bill Text

What changed in the latest version

9 added · 30 removed

Plain-language change summary

The recent changes to SB 2188 allow judges to receive requests for search warrants through electronic means that include simultaneous video and audio transmission, rather than just by phone or fax. This update aims to modernize the process by making it easier and more efficient to obtain search warrants, especially in urgent situations, while still ensuring that sworn testimony is provided. Additionally, a previously outdated provision that limited the effectiveness of this process has been removed, making the new procedure permanent. These amendments enhance law enforcement's ability to respond quickly to potential threats.

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*LRB09809130MRW39268b* SB2188 98TH GENERAL ASSEMBLY State of Illinois and 2014 SB2188 Introduced 2/15/2013, by Sen.
SB2188 Engrossed LRB098 09130 MRW 39268 b AN ACT concerning criminal law.
Dale A.
Righter SYNOPSIS AS INTRODUCED:
ILCS 5/108-4 from Ch.
38, par.
108-4 Amends the Code of Criminal Procedure of 1963.
In provision on obtaining a search warrant by oral testimony, deletes use of telephone, fax, or other appropriate means to communicate sworn testimony supporting a search warrant request on a terrorism or terrorism-related offense to a judge when the circumstances make it reasonable to dispense with a sworn affidavit.
Replaces the deleted provision with a general provision applicable to any offense allowing a search warrant request to be made by electronic means that has a simultaneous video and audio transmission between the requestor and a judge.
The judge may issue a search warrant based upon sworn testimony communicated in the transmission.
Deletes provision that made search warrant upon oral testimony subsection inoperative on January 1, 2005 and the savings clause for admissibility of evidence obtained by a search warrant issued under the subsection prior to it becoming inoperative.
LRB098 09130 MRW 39268 b A BILL FOR SB2188 LRB098 09130 MRW 39268 b AN ACT concerning criminal law.
When a search warrant is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the SB2188 - 2 - LRB098 09130 MRW 39268 b requestor and a judge, the judge may issue a search warrant based upon sworn testimony communicated in the transmission.
When a search warrant is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the SB2188 Engrossed - 2 - LRB098 09130 MRW 39268 b requestor and a judge, the judge may issue a search warrant based upon sworn testimony communicated in the transmission.
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 SB2188 - 3 - LRB098 09130 MRW 39268 b to sign the judge's name on the duplicate original warrant.
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 SB2188 Engrossed - 3 - LRB098 09130 MRW 39268 b to sign the judge's name on the duplicate original warrant.
The contents of a warrant upon oral testimony shall be the same as the contents of a warrant SB2188 - 4 - LRB098 09130 MRW 39268 b upon affidavit.
The contents of a warrant upon oral testimony shall be the same as the contents of a warrant SB2188 Engrossed - 4 - LRB098 09130 MRW 39268 b upon affidavit.
(c) 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.
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Action History

  1. Session Sine Die

  2. Referred to Rules Committee

  3. First Reading

  4. Chief House Sponsor Rep. Jim Durkin

  5. Arrived in House

  6. Third Reading - Passed; 051-000-000

  7. Placed on Calendar Order of 3rd Reading April 12, 2013

  8. Second Reading

  9. Placed on Calendar Order of 2nd Reading April 10, 2013

  10. Do Pass as Amended Criminal Law; 007-000-000

  11. Senate Committee Amendment No. 1 Adopted

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

  13. Postponed - Criminal Law

  14. Senate Committee Amendment No. 1 Referred to Assignments

  15. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter

  16. Added as Chief Co-Sponsor Sen. Michael Connelly

  17. Added as Chief Co-Sponsor Sen. Daniel Biss

  18. Assigned to Criminal Law

  19. Referred to Assignments

  20. First Reading

  21. Filed with Secretary by Sen. Dale A. Righter

Sponsors

  • Dale A. Righter · Cosponsor

Sponsorship breakdown

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

Sponsors (0)

None.

Co-sponsors (1)

  • Dale A. Righter

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 51 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 36007
Democrat 12001
Republican 3000
Total 51008
% of votes cast 86%0%0%14%
How each member voted (59)
Member Party Vote
Landek — Not Voting
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
McConnaughay — Yea
Forby — Yea
Haine — Yea
Link — Yea
Luechtefeld — Yea
Harris — Yea
Frerichs — Yea
Kotowski — Yea
Brady — Yea
LaHood — Yea
McGuire — Yea
Cullerton, T. — Yea
McCann — Yea
Cullerton — Yea
McCarter — Yea
Sullivan — Not Voting
Jacobs — Not Voting
Mulroe — Yea
Muñoz — Yea
Silverstein — Not Voting
Steans — Yea
Trotter — Not Voting
Clayborne — Not Voting
Connelly — Yea
Dillard — Yea
Duffy — Yea
Hutchinson — Yea
Noland — Yea
Oberweis — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandoval — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

public-safety technology
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 2188 do?
Amends the Code of Criminal Procedure of 1963. In provision on obtaining a search warrant by oral testimony, deletes use of telephone, fax, or other appropriate means to communicate sworn testimony supporting a search warrant request on a terrorism or terrorism-related offense to a judge when the circumstances make it reasonable to dispense with a sworn affidavit. Replaces the deleted provision with a general provision applicable to any offense allowing a search warrant request to be made by electronic means that has a simultaneous video and audio transmission between the requestor and a judge. The judge may issue a search warrant based upon sworn testimony communicated in the transmission. Deletes provision that made search warrant upon oral testimony subsection inoperative on January 1, 2005 and the savings clause for admissibility of evidence obtained by a search warrant issued under the subsection prior to it becoming inoperative.
Who sponsors SB 2188?
SB 2188 is sponsored by Dale A. Righter.
What is the current status of SB 2188?
This bill died with 98th 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 2188?
Track SB 2188 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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