Article 108B. Electronic Criminal Surveillance



 
    (725 ILCS 5/Art. 108B heading)
ARTICLE 108B. ELECTRONIC CRIMINAL SURVEILLANCE

    (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
    Sec. 108B-1. Definitions. For the purpose of this Article:
    (a) "Aggrieved person" means a person who was a party to any intercepted private communication or any person against whom the intercept was directed.
    (b) "Chief Judge" means, when referring to a judge authorized to receive application for, and to enter orders authorizing, interceptions of private communications, the Chief Judge of the Circuit Court wherein the application for order of interception is filed, or a Circuit Judge designated by the Chief Judge to enter these orders. In circuits other than the Cook County Circuit, "Chief Judge" also means, when referring to a judge authorized to receive application for, and to enter orders authorizing, interceptions of private communications, an Associate Judge authorized by Supreme Court Rule to try felony cases who is assigned by the Chief Judge to enter these orders. After assignment by the Chief Judge, an Associate Judge shall have plenary authority to issue orders without additional authorization for each specific application made to him by the State's Attorney until the time the Associate Judge's power is rescinded by the Chief Judge.
    (c) "Communications common carrier" means any person engaged as a common carrier in the transmission of communications by wire or radio, not including radio broadcasting.
    (d) "Contents" includes information obtained from a private communication concerning the existence, substance, purport or meaning of the communication, or the identity of a party of the communication.
    (e) "Court of competent jurisdiction" means any circuit court.
    (f) "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), 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons), paragraph (1), (2), or (3) of subsection (a) of Section 11-14.4 (promoting juvenile prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a minor engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a minor engaged in prostitution), 11-19.1 (juvenile pimping and aggravated juvenile pimping), or 29B-1 (money laundering) of the Criminal Code of 1961 or the Criminal Code of 2012, Section 401, 401.1 (controlled substance trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of the Illinois Controlled Substances Act or any Section of the Methamphetamine Control and Community Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of 2012 or conspiracy to commit money laundering or conspiracy to commit first degree murder; (ii) in response to a clear and present danger of imminent death or great bodily harm to persons resulting from: (1) a kidnapping or the holding of a hostage by force or the threat of the imminent use of force; or (2) the occupation by force or the threat of the imminent use of force of any premises, place, vehicle, vessel or aircraft; (iii) to aid an investigation or prosecution of a civil action brought under the Illinois Streetgang Terrorism Omnibus Prevention Act when there is probable cause to believe the interception of the private communication will provide evidence that a streetgang is committing, has committed, or will commit a second or subsequent gang-related offense or that the interception of the private communication will aid in the collection of a judgment entered under that Act; or (iv) upon information and belief that a streetgang has committed, is committing, or is about to commit a felony.
    (b) The State's Attorney or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability, may authorize, in writing, an ex parte application to the chief judge of a circuit court for an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit, a violation of an offense under Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
    (b-1) Subsection (b) is inoperative on and after January 1, 2005.
    (b-2) No conversations recorded or monitored pursuant to subsection (b) shall be made inadmissible in a court of law by virtue of subsection (b-1).
    (c) As used in this Section, "streetgang" and "gang-related" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)

    (725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4)
    Sec. 108B-4. Application for order of interception.
    (a) Each application for an order of authorization to intercept a private communication shall be made in writing upon oath or affirmation and shall include:
        (1) the authority of the applicant to make the

    
application;
        (2) the identity of the electronic criminal
    
surveillance officer for whom the authority to intercept a private communication is sought;
        (3) the facts relied upon by the applicant including:
            (i) the identity of the particular person, if
        
known, who is committing, is about to commit, or has committed the offense and whose private communication is to be intercepted;
            (ii) the details as to the particular offense
        
that has been, is being, or is about to be committed;
            (iii) the particular type of private
        
communication to be intercepted;
            (iv) except as provided in Section 108B-7.5, a
        
showing that there is probable cause to believe that the private communication will be communicated on the particular wire or electronic communication facility involved or at the particular place where the oral communication is to be intercepted;
            (v) except as provided in Section 108B-7.5, the
        
character and location of the particular wire or electronic communication facilities involved or the particular place where the oral communication is to be intercepted;
            (vi) the objective of the investigation;
            (vii) a statement of the period of time for which
        
the interception is required to be maintained, and, if the objective of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will continue to occur;
            (viii) a particular statement of facts showing
        
that other normal investigative procedures with respect to the offense have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or are too dangerous to employ;
        (4) where the application is for the extension of an
    
order, a statement of facts showing the results obtained from the interception, or a reasonable explanation of the failure to obtain results;
        (5) a statement of the facts concerning all previous
    
applications known to the applicant made to any court for authorization to intercept a private communication involving any of the same facilities or places specified in the application or involving any person whose communication is to be intercepted, and the action taken by the court on each application;
        (6) a proposed order of authorization for
    
consideration by the judge; and
        (7) such additional statements of facts in support of
    
the application on which the applicant may rely or as the chief judge may require.
    (b) As part of the consideration of that part of an application for which there is no corroborative evidence offered, the chief judge may inquire in camera as to the identity of any informant or request any other additional information concerning the basis upon which the State's Attorney, or the head of the law enforcement agency has relied in making an application or a request for application for the order of authorization which the chief judge finds relevant to the determination of probable cause under this Article.
(Source: P.A. 92-854, eff. 12-5-02.)

    (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
    Sec. 108B-5. Requirements for order of interception.
    (a) Upon consideration of an application, the chief judge may enter an ex parte order, as requested or as modified, authorizing the interception of a private communication, if the chief judge determines on the basis of the application submitted by the applicant, that:
        (1) There is probable cause for belief that (A) the

    
person whose private communication is to be intercepted is committing, has committed, or is about to commit an offense enumerated in Section 108B-3, or (B) the facilities from which, or the place where, the private communication is to be intercepted, is, has been, or is about to be used in connection with the commission of the offense, or is leased to, listed in the name of, or commonly used by, the person; and
        (2) There is probable cause for belief that a
    
particular private communication concerning such offense may be obtained through the interception; and
        (3) Normal investigative procedures with respect to
    
the offense have been tried and have failed or reasonably appear to be unlikely to succeed if tried or too dangerous to employ; and
        (4) The electronic criminal surveillance officers to
    
be authorized to supervise the interception of the private communication have been certified by the 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
            (D) the order sought is in connection with an
        
investigation of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
        (2) in the case of an application with respect to a
    
wire or electronic communication:
            (A) the application is by the State's Attorney,
        
or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability;
            (B) the application identifies the person
        
believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;
            (C) the judge finds that such showing has been
        
adequately made;
            (D) the order authorizing or approving the
        
interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted; and
            (E) the order sought is in connection with an
        
investigation of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
    (b) An interception of a communication under an order with respect to which the requirements of subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article do not apply by reason of this Section shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subdivision (a)(2) may upon notice to the People move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court shall decide such a motion expeditiously.
(Source: P.A. 97-1150, eff. 1-25-13.)

    (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
    Sec. 108B-8. Emergency use of eavesdropping device.
    (a) Whenever, upon informal application by the State's Attorney, a chief judge of competent jurisdiction determines that:
        (1) there may be grounds upon which an order could be

    
issued under this Article;
        (2) there is probable cause to believe that an
    
emergency situation exists with respect to the investigation of an offense enumerated in Section 108B-3; and
        (3) there is probable cause to believe that a
    
substantial danger to life or limb exists justifying the authorization for immediate interception of a private communication before formal application for an order could with due diligence be submitted to him and acted upon; the chief judge may grant oral approval for an interception, without an order, conditioned upon the filing with him, within 48 hours, of an application for an order under Section 108B-4 which shall also recite the oral approval under this Section and be retroactive to the time of the oral approval.
    (b) Interception under oral approval under this Section shall immediately terminate when the communication sought is obtained or when the application for an order is denied, whichever is earlier.
    (c) In the event no formal application for an order is subsequently made under this Section, the content of any private communication intercepted under oral approval under this Section shall be treated as having been obtained in violation of this Article.
    (d) In the event no application for an order is made under this Section or an application made under this Section is subsequently denied, the judge shall cause an inventory to be served under Section 108B-11 of this Article and shall require the tape or other recording of the intercepted communication to be delivered to, and sealed by, the judge. The evidence shall be retained by the court, and it shall not be used or disclosed in any legal proceeding, except a civil action brought by an aggrieved person under Section 14-6 of the Criminal Code of 1961 or the Criminal Code of 2012, or as otherwise authorized by the order of a court of competent jurisdiction. In addition to other remedies or penalties provided by law, failure to deliver any tape or other recording to the chief judge shall be punishable as contempt by the judge directing the delivery.
(Source: P.A. 97-1150, eff. 1-25-13.)

    (725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)
    Sec. 108B-9. Recordings, records and custody.
    (a) Any private communication intercepted in accordance with this Article shall, if practicable, be recorded by tape or other comparable method. The recording shall, if practicable, be done in such a way as will protect it from editing or other alteration. During an interception, the interception shall be carried out by an electronic criminal surveillance officer, and, if practicable, such officer shall keep a signed, written record, including:
        (1) the date and hours of surveillance;
        (2) the time and duration of each intercepted

    
communication;
        (3) the parties, if known, to each intercepted
    
conversation; and
        (4) a summary of the contents of each intercepted
    
communication.
    (b) Immediately upon the expiration of the order or its extensions, the tapes and other recordings shall be transferred to the chief judge issuing the order and sealed under his direction. Custody of the tapes, or other recordings, shall be maintained wherever the chief judge directs. They shall not be destroyed except upon an order of a court of competent jurisdiction and in any event shall be kept for 10 years. Duplicate tapes or other recordings may be made for disclosure or use under paragraph (a) of Section 108B-2a of this Article. The presence of the seal provided by this Section, or a satisfactory explanation for its absence, shall be a prerequisite for the disclosure of the contents of any private communication, or evidence derived from it, under paragraph (b) of Section 108B-2a of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)

    (725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10)
    Sec. 108B-10. Applications, orders, and custody.
    (a) Applications made and orders granted under this Article for the interception of private communications shall be sealed by the chief judge issuing or denying them and held in custody as the judge shall direct. The applications and orders shall be kept for a period of 10 years. Destruction of the applications and orders prior to the expiration of that period of time may be made only upon the order of a court of competent jurisdiction. Disclosure of the applications and orders may be ordered by a court of competent jurisdiction on a showing of good cause.
    (b) The electronic criminal surveillance officer shall retain a copy of applications and orders for the interception of private communications. The applications and orders shall be kept for a period of 10 years. Destruction of the applications and orders prior to the expiration of that period of time may be made only upon an order of a court of competent jurisdiction. Disclosure and use of the applications and orders may be made by an electronic criminal surveillance officer only in the proper performance of his official duties.
    (c) In addition to any other remedies or penalties provided by law, any violation of this Section shall be punishable as contempt of court.
(Source: P.A. 92-854, eff. 12-5-02.)

    (725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
    Sec. 108B-11. Inventory.
    (a) Within a reasonable period of time but not later than 90 days after the termination of the period of the order, or its extensions, or the date of the denial of an application made under Section 108B-8, the chief judge issuing or denying the order or extension shall cause an inventory to be served on any person:
        (1) named in the order;
        (2) arrested as a result of the interception of his

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

 
    (b) The inventory under this Section shall include:
        (1) notice of the entry of the order or the
    
application for an order denied under Section 108B-8;
        (2) the date of the entry of the order or the denial
    
of an order applied for under Section 108B-8;
        (3) the period of authorized or disapproved
    
interception; and
        (4) the fact that during the period a private
    
communication was or was not intercepted.
    (c) A court of competent jurisdiction, upon filing of a motion, may in its discretion make available to those persons or their attorneys for inspection those portions of the intercepted communications, applications and orders as the court determines to be in the interest of justice.
    (d) On an ex parte showing of good cause to a court of competent jurisdiction, the serving of the inventories required by this Section may be postponed for a period not to exceed 12 months.
(Source: P.A. 95-331, eff. 8-21-07.)

    (725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)
    Sec. 108B-12. Approval, notice, suppression.
    (a) If an electronic criminal surveillance officer, while intercepting a private communication in accordance with the provision of this Article, intercepts a private communication that relates to an offense other than an offense enumerated in Section 108B-3 of the Act, or relates to an offense enumerated in Section 108B-3 but not specified in the order of authorization, the State's Attorney, or a person designated in writing or by law to act for him, may, in order to permit the disclosure or use of the information under Section 108B-2a of this Act, make a motion for an order approving the interception. The chief judge of a court of competent jurisdiction shall enter an order approving the interception if he finds that at the time of the application, there existed probable cause to believe that a person whose private communication was intercepted was committing or had committed an offense and the content of the communication relates to that offense, and that the communication was otherwise intercepted in accordance with the provisions of this Article.
    (b) An intercepted private communication, or evidence derived from it, may not be received in evidence or otherwise disclosed in an official proceeding unless each aggrieved person who is a party in the official proceeding, including any proceeding before a legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath or other person taking testimony or depositions in any such proceeding, other than a grand jury, has, not less than 10 days before the official proceeding, been furnished with a copy of the court order, and the accompanying application, under which the interception was authorized or approved. The 10 day period may be waived by the presiding official if he finds that it was not practicable to furnish the person with the information 10 days before the proceeding, and that the person will not be or has not been prejudiced by delay in receiving the information.
    (c) An aggrieved person in an official proceeding may make a motion under this Section to suppress the contents of an intercepted private communication, or evidence derived from it, on the grounds that:
        (1) the communication was unlawfully intercepted;
        (2) the order of authorization or approval under

    
which it was intercepted is insufficient on its face; or
        (3) the interception was not made in conformity with
    
the order of authorization or approval or at the time of the application there was not probable cause to believe that the aggrieved person was committing or had committed the offense to which the content of the private communication relates.
    (d) If a motion under this Section duly alleges that the evidence sought to be suppressed in an official proceeding, including a grand jury, has been derived from an unlawfully intercepted private communication, and if the aggrieved person who is a party has not been served with notice of the interception under this Section, the opponent of the allegation shall, after conducting a thorough search of its files, affirm or deny the occurrence of the alleged unlawful interception, but no motion shall be considered if the alleged unlawful interception took place more than 5 years before the event to which the evidence relates.
    (e) Where a motion is duly made under this Section prior to the appearance of a witness before a grand jury, the opponent of the motion may make such applications and orders as it has available to the chief judge of a court of competent jurisdiction in camera, and if the judge determines that there is no defect in them sufficient on its face to render them invalid, the judge shall inform the witness that he has not been the subject of an unlawful interception. If the judge determines that there is a defect in them sufficient on its face to render them invalid, he shall enter an order prohibiting any question being put to the witness based on the unlawful interception.
    (f) Motions under this Section shall be made prior to the official proceeding unless there was no opportunity to make the motion or unless the aggrieved person who is a party was not aware of the grounds for the motion. Motions by co-indictees shall, on motion of the People, be heard in a single consolidated hearing.
    (g) A chief judge of a court of competent jurisdiction, upon the filing of a motion by an aggrieved person who is a party under this Section, except before a grand jury, may make available for inspection by the aggrieved person or his attorney such portions of the intercepted private communications, applications and orders or the evidence derived from them as the judge determines to be in the interest of justice.
    (h) If a motion under this Section is granted, the intercepted private communication, and evidence derived from it, may not be received in evidence in an official proceeding, including a grand jury.
    (i) In addition to any other right of appeal, the People shall have the right to appeal from an order granting a motion to suppress if the official to whom the order authorizing the interception was granted certifies to the court that the appeal is not taken for purposes of delay. The appeal shall otherwise be taken in accordance with the law.
(Source: P.A. 92-854, eff. 12-5-02.)

    (725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
    Sec. 108B-13. Reports concerning use of eavesdropping devices.
    (a) Within 30 days after the expiration of an order and each extension thereof authorizing an interception, or within 30 days after the denial of an application or disapproval of an application subsequent to any alleged emergency situation, the State's Attorney shall report to the Department of State Police the following:
        (1) the fact that such an order, extension, or

    
subsequent approval of an emergency was applied for;
        (2) the kind of order or extension applied for;
        (3) a statement as to whether the order or extension
    
was granted as applied for was modified, or was denied;
        (4) the period authorized by the order or extensions
    
in which an eavesdropping device could be used;
        (5) the offense enumerated in Section 108B-3 which is
    
specified in the order or extension or in the denied application;
        (6) the identity of the applying electronic criminal
    
surveillance officer and agency making the application and the State's Attorney authorizing the application; and
        (7) the nature of the facilities from which or the
    
place where the eavesdropping device was to be used.
    (b) In January of each year the State's Attorney of each county in which an interception occurred pursuant to the provisions of this Article shall report to the Department of State Police the following:
        (1) a general description of the uses of
    
eavesdropping devices actually made under such order to overhear or record conversations, including: (a) the approximate nature and frequency of incriminating conversations overheard, (b) the approximate nature and frequency of other conversations overheard, (c) the approximate number of persons whose conversations were overheard, and (d) the approximate nature, amount, and cost of the manpower and other resources used pursuant to the authorization to use an eavesdropping device;
        (2) the number of arrests resulting from authorized
    
uses of eavesdropping devices and the offenses for which arrests were made;
        (3) the number of trials resulting from such uses of
    
eavesdropping devices;
        (4) the number of motions to suppress made with
    
respect to such uses, and the number granted or denied; and
        (5) the number of convictions resulting from such
    
uses and the offenses for which the convictions were obtained and a general assessment of the importance of the convictions.
    On or before March 1 of each year, the Director of the Department of State Police shall submit to the Governor a report of all intercepts as defined herein conducted pursuant to this Article and terminated during the preceding calendar year. Such report shall include:
        (1) the reports of State's Attorneys forwarded to the
    
Director as required in this Section;
        (2) the number of Department personnel authorized to
    
possess, install, or operate electronic, mechanical, or other devices;
        (3) the number of Department and other law
    
enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this Article during the preceding calendar year;
        (4) the number of electronic criminal surveillance
    
officers trained by the Department;
        (5) the total cost to the Department of all
    
activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided to or by the Department; and
        (6) a summary of the use of eavesdropping devices
    
pursuant to orders of interception including (a) the frequency of use in each county, (b) the frequency of use for each crime enumerated in Section 108B-3 of the Code of Criminal Procedure of 1963, as amended, (c) the type and frequency of eavesdropping device use, and (d) the frequency of use by each police department or law enforcement agency of this State.
    (d) In April of each year, the Director of the Department of State Police and the Governor shall each transmit to the General Assembly reports including information on the number of applications for orders authorizing the use of eavesdropping devices, the number of orders and extensions granted or denied during the preceding calendar year, the convictions arising out of such uses, and a summary of the information required by subsections (a) and (b) of this Section.
    The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 85-1203; 86-1226; 86-1475.)

    (725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)
    Sec. 108B-14. Training.
    (a) The Director of the Illinois Department of State Police shall:
        (1) Establish a course of training in the legal,

    
practical, and technical aspects of the interception of private communications and related investigation and prosecution techniques;
        (2) Issue regulations as he finds necessary for the
    
training program;
        (3) In cooperation with the Illinois Law Enforcement
    
Training Standards Board, set minimum standards for certification and periodic recertification of electronic criminal surveillance officers as eligible to apply for orders authorizing the interception of private communications, to conduct the interceptions, and to use the private communications or evidence derived from them in official proceedings; and
        (4) In cooperation with the Illinois Law Enforcement
    
Training Standards Board, revoke or suspend the certification of any electronic criminal surveillance officer who has violated any law relating to electronic criminal surveillance, or any of the guidelines established by the Department for conducting electronic criminal surveillance.
    (b) The Executive Director of the Illinois Law Enforcement Training Standards Board shall:
        (1) Pursuant to the Illinois Police Training Act,
    
review the course of training prescribed by the Department for the purpose of certification relating to reimbursement of expenses incurred by local law enforcement agencies participating in the electronic criminal surveillance officer training process, and
        (2) Assist the Department in establishing minimum
    
standards for certification and periodic recertification of electronic criminal surveillance officers as being eligible to apply for orders authorizing the interception of private communications, to conduct the interpretations, and to use the communications or evidence derived from them in official proceedings.
(Source: P.A. 92-854, eff. 12-5-02.)