101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5807

 

Introduced 11/10/2020, by Rep. Maurice A. West, II and Jonathan "Yoni" Pizer

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/108-8  from Ch. 38, par. 108-8

    Amends the Code of Criminal Procedure of 1963. Defines "no-knock search warrant" or "dynamic entry warrant". Provides that a peace officer or other public officer or employee shall not seek or execute a no-knock search warrant or dynamic entry warrant and a court shall not issue such a warrant. Provides that a peace officer or other public officer or employee who violates this provision is guilty of official misconduct. Effective immediately.


LRB101 21693 RLC 72637 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5807LRB101 21693 RLC 72637 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 108-8 as follows:
 
6    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)
7    Sec. 108-8. Use of force in execution of search warrant.
8    (a) All necessary and reasonable force may be used to
9effect an entry into any building or property or part thereof
10to execute a search warrant.
11    (b) In this subsection (b), "no-knock search warrant" or
12"dynamic entry warrant" means a search warrant authorizing
13peace officers to enter certain premises without first knocking
14and announcing their presence or purpose prior to entering the
15premises. A peace officer or other public officer or employee
16shall not seek or execute a no-knock search warrant or dynamic
17entry warrant and a court shall not issue such a warrant. A
18peace officer or other public officer or employee who violates
19this subsection (b) is guilty of official misconduct under
20Section 33-3 of the Criminal Code of 2012. The court issuing a
21warrant may authorize the officer executing the warrant to make
22entry without first knocking and announcing his or her office
23if it finds, based upon a showing of specific facts, the

 

 

HB5807- 2 -LRB101 21693 RLC 72637 b

1existence of the following exigent circumstances:
2        (1) That the officer reasonably believes that if notice
3    were given a weapon would be used:
4            (i) against the officer executing the search
5        warrant; or
6            (ii) against another person.
7        (2) That if notice were given there is an imminent
8    "danger" that evidence will be destroyed.
9(Source: P.A. 92-502, eff. 12-19-01.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.