093_HB3492

 
                                     LRB093 09387 RLC 09622 b

 1        AN ACT in relation to criminal law.

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

 4        Section 5. The Code of  Criminal  Procedure  of  1963  is
 5    amended by adding Section 108-15 as follows:

 6        (725 ILCS 5/108-15 new)
 7        Sec.   108-15.  Police  dogs;  controlled  substance  and
 8    cannabis violations.
 9        (a)  In this Section, "police dog" means a dog trained to
10    assist peace officers in their law enforcement duties.
11        (b)  A police dog  who  is  trained  in  accordance  with
12    standards  prescribed  by  the  Director  of  State Police in
13    consultation  with  the  Illinois  Law  Enforcement  Training
14    Standards  Board  may,  consistent  with   the   Fourth   and
15    Fourteenth  Amendments  to the United States Constitution and
16    Article I, Section 6 of the Illinois Constitution, search for
17    the  presence  of  cannabis  or  a  controlled  substance  by
18    sniffing persons,  vehicles,  or  other  items,  and  if  the
19    sniffing  indicates  to  a  peace  officer  the  presence  of
20    cannabis  or  a  controlled  substance  in  violation  of the
21    Cannabis Control Act or the  Illinois  Controlled  Substances
22    Act,  such  indication constitutes probable cause for a peace
23    officer to search the person, vehicle, or other item that the
24    police dog sniffed and any cannabis or controlled  substances
25    seized   are   admissible   into   evidence   in  a  criminal
26    prosecution.