HB5807 101ST GENERAL ASSEMBLY

LRB101 21693 RLC 72637 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 108-8 as follows:

(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)

Sec. 108-8. Use of force in execution of search warrant.

(a) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant.

(b) In this subsection (b), "no-knock search warrant" or "dynamic entry warrant" means a search warrant authorizing peace officers to enter certain premises without first knocking and announcing their presence or purpose prior to entering the premises. 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. A peace officer or other public officer or employee who violates this subsection (b) is guilty of official misconduct under Section 33-3 of the Criminal Code of 2012. The court issuing a warrant may authorize the officer executing the warrant to make entry without first knocking and announcing his or her office if it finds, based upon a showing of specific facts, the existence of the following exigent circumstances:

(1) That the officer reasonably believes that if notice were given a weapon would be used:

(i) against the officer executing the search warrant; or

(ii) against another person.

(2) That if notice were given there is an imminent "danger" that evidence will be destroyed.

(Source: P.A. 92-502, eff. 12-19-01.)

Section 99. Effective date. This Act takes effect upon becoming law.