§ 108B-13 — Reports concerning use of eavesdropping devices

(a) Within 30 days after the expiration of an order and each extension thereof authorizing an interception, or within 30 days after the denial of an application or disapproval of an application subsequent to any alleged emergency situation, the State's Attorney shall report to the Illinois State Police the following: (1) the fact that such an order, extension, or subsequent approval of an emergency was applied for; (2) the kind of order or extension applied for; (3) a statement as to whether the order or extension was granted as applied for was modified, or was denied; (4) the period authorized by the order or extensions in which an eavesdropping device could be used; (5) the offense enumerated in Section 108B-3 which is specified in the order or extension or in the denied application; (6) the identity of the applying electronic criminal surveillance officer and agency making the application and the State's Attorney authorizing the application; and (7) the nature of the facilities from which or the place where the eavesdropping device was to be used. (b) In January of each year the State's Attorney of each county in which an interception occurred pursuant to the provisions of this Article shall report to the Illinois State Police the following: (1) a general description of the uses of eavesdropping devices actually made under such order to overhear or record conversations, including: (a) the approximate nature and frequency of incriminating conversations overheard, (b) the approximate nature and frequency of other conversations overheard, (c) the approximate number of persons whose conversations were overheard, and (d) the approximate nature, amount, and cost of the manpower and other resources used pursuant to the authorization to use an eavesdropping device; (2) the number of arrests resulting from authorized uses of eavesdropping devices and the offenses for which arrests were made; (3) the number of trials resulting from such uses of eavesdropping devices; (4) the number of motions to suppress made with respect to such uses, and the number granted or denied; and (5) the number of convictions resulting from such uses and the offenses for which the convictions were obtained and a general assessment of the importance of the convictions. On or before March 1 of each year, the Director of the Illinois State Police shall submit to the Governor a report of all intercepts as defined herein conducted pursuant to this Article and terminated during the preceding calendar year. Such report shall include: (1) the reports of State's Attorneys forwarded to the Director as required in this Section; (2) the number of Illinois State Police personnel authorized to possess, install, or operate electronic, mechanical, or other devices; (3) the number of Illinois State Police and other law enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this Article during the preceding calendar year; (4) the number of electronic criminal surveillance officers trained by the Illinois State Police; (5) the total cost to the Illinois State Police of all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided to or by the Illinois State Police; and (6) a summary of the use of eavesdropping devices pursuant to orders of interception including (a) the frequency of use in each county, (b) the frequency of use for each crime enumerated in Section 108B-3 of the Code of Criminal Procedure of 1963, as amended, (c) the type and frequency of eavesdropping device use, and (d) the frequency of use by each police department or law enforcement agency of this State. (d) In April of each year, the Director of the Illinois State Police and the Governor shall each transmit to the General Assembly reports including information on the number of applications for orders authorizing the use of eavesdropping devices, the number of orders and extensions granted or denied during the preceding calendar year, the convictions arising out of such uses, and a summary of the information required by subsections (a) and (b) of this Section. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

Legislative History

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