SPRINGFIELD — It’s a scenario ripped straight from the science fiction films of yesteryear, and it’s one step closer to reality in Illinois.
The state House passed a measure Friday allowing police to obtain warrants via Skype or other Web video services such as FaceTime or Google Hangouts.
Sponsored by Rep. Michael J. Zalewski, the bill would update the Code of Criminal Procedure to let police connect with a judge remotely via a “simultaneous video and audio transmission” and allow the judge to issue a warrant based on the sworn testimony in such a transmission.
The plan also stipulates that requests be recorded electronically or via a written transcript.
That material would have to be filed with a court, and chief circuit judges or the presiding judge in each jurisdiction would be tasked with creating a standardized system to retain the recordings.
Zalewski told colleagues during floor debate that the process could be used to obtain a warrant in any case, but it would be especially useful in situations where an officer’s safety might be at risk or the case is particularly time-sensitive.
“This is a bill to protect in situations where the judge is not immediately accessible — they can get this done in a timely fashion in order for law enforcement to do its job more effectively,” he said.
Zalewski, a Chicago Democrat and former Cook County prosecutor who was also behind a significant push to implement tougher gun penalties, didn’t have to do much convincing.
The debate lasted only a couple of minutes, and the measure passed 107-1.
The lone skeptic, Rep. David Leitch, said he is concerned there are not enough limitations in the legislation. He asked whether the measure restricted police to using the process only in possible terrorism cases — which would be similar to a provision in a law signed last year that limits drone surveillance.
When Zalewski said it did not, Leitch signaled he was uncomfortable with the concept.
“This strikes me as very broad,” said Leitch, a Peoria Republican. “I’m concerned about this. I’ll listen to additional debate.”
But there was no further debate on the matter.
Passage of the bill in the House is likely to be a significant step because an identical measure passed the Senate last year on a 51-0 vote.
Part of that may have been because the measure was supported not just by the state’s attorneys appellate prosecutor, but also the Cook County public defender’s office, which saw the idea as a way to increase law enforcement’s use of warrants in general.
Additionally, the American Civil Liberties Union of Illinois agreed not to lobby against the measure after sponsors added the provision requiring a record of the warrant request.
“We just stayed out of this one,” said Ed Yohnka, a spokesman for the ACLU.
He said the group’s stance did not change this year even after fears of government’s use of technology reached a fever pitch in the wake of disclosures about wide-ranging National Security Agency surveillance.
“(This bill) is not the government gathering information. It’s an entirely separate issue,” he said.
Perhaps the most significant difference between the bill last year and the bill this year is the party trying to get it passed.
Rep. James B. Durkin, a Republican from Western Springs who became the House minority leader in the fall, sponsored the proposal in 2013 along with Sen. Dale A. Righter, a Republican from Mattoon.
The version of the bill that passed Friday does not currently list a Senate sponsor.
If the legislation goes the way they did last year, the plan could soon be headed to Gov. Patrick J. Quinn’s desk.
His office said only that he would review the legislation if sent to him. The bill is House Bill 4594.