(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for each specific application made to him by the State's Attorney until the time the Associate Judge's power is rescinded by the Chief Judge.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) "Department" means Illinois Department of State Police. (g) "Director" means Director of the Illinois Department of 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 Department of 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. 95‑331, eff. 8‑21‑07.)
(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 Department may provide technical assistance to such an agency which is authorized to conduct an interception. (Source: P.A. 92‑854, eff. 12‑5‑02.)
(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), or 29B‑1 (money laundering) of the Criminal Code of 1961, 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 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. (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. 95‑331, eff. 8‑21‑07; 96‑710, eff. 1‑1‑10.)
(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 Department.
(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. 95‑331, eff. 8‑21‑07.)
(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;
(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) "Department" means Illinois Department of State Police. (g) "Director" means Director of the Illinois Department of 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 Department of 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. 95‑331, eff. 8‑21‑07.)
(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 Department may provide technical assistance to such an agency which is authorized to conduct an interception. (Source: P.A. 92‑854, eff. 12‑5‑02.)
(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), or 29B‑1 (money laundering) of the Criminal Code of 1961, 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 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. (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. 95‑331, eff. 8‑21‑07; 96‑710, eff. 1‑1‑10.)
(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 Department.
(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. 95‑331, eff. 8‑21‑07.)
(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{"@context":"https://schema.org","@graph":[{"@type":"WebPage","@id":"https://statutes.laws.com/test/","url":"https://statutes.laws.com/test/","name":"State Codes and Statutes - Statutes","isPartOf":{"@id":"https://statutes.laws.com/#website"},"datePublished":"2015-03-10T03:31:37+00:00","dateModified":"2019-12-27T23:25:16+00:00","breadcrumb":{"@id":"https://statutes.laws.com/test/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https://statutes.laws.com/test/"]}]},{"@type":"BreadcrumbList","@id":"https://statutes.laws.com/test/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https://statutes.laws.com/"},{"@type":"ListItem","position":2,"name":"State Codes and Statutes"}]},{"@type":"WebSite","@id":"https://statutes.laws.com/#website","url":"https://statutes.laws.com/","name":"Statutes","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https://statutes.laws.com/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"}]}
(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) "Department" means Illinois Department of State Police. (g) "Director" means Director of the Illinois Department of 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 Department of 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. 95‑331, eff. 8‑21‑07.)
(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 Department may provide technical assistance to such an agency which is authorized to conduct an interception. (Source: P.A. 92‑854, eff. 12‑5‑02.)
(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), or 29B‑1 (money laundering) of the Criminal Code of 1961, 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 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. (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. 95‑331, eff. 8‑21‑07; 96‑710, eff. 1‑1‑10.)
(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 Department.
(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. 95‑331, eff. 8‑21‑07.)
(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;
