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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6580
Introduced 02/09/04, by Jim Sacia SYNOPSIS AS INTRODUCED:
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Amends the Code of Criminal Procedure of 1963. Provides that a
police dog who is trained in accordance with standards prescribed by the
Director of State Police in consultation with the Illinois Law Enforcement
Training Standards Board may, consistent with the Fourth and Fourteenth
Amendments to the United States Constitution and Article I, Section 6 of the
Illinois Constitution, search for the presence of cannabis or a controlled
substance by sniffing persons, vehicles, or other items, and if the sniffing
indicates to a peace officer the presence of cannabis or a controlled
substance in violation of the Cannabis Control Act or the Illinois Controlled
Substances Act, such
indication constitutes probable cause for a peace officer to search the person,
vehicle, or other item that the police dog sniffed and any cannabis or
controlled substances seized are admissible into evidence in a criminal
prosecution.
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A BILL FOR
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HB6580 |
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LRB093 17626 RLC 43297 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by
adding Section 108-15 as follows:
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| (725 ILCS 5/108-15 new)
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| Sec. 108-15. Police dogs; controlled substance and |
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| cannabis
violations.
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| (a) In this Section, "police dog" means a dog trained to |
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| assist peace
officers in their law enforcement duties.
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| (b) A police dog who is trained in accordance with |
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| standards
prescribed by the Director of State Police in |
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| consultation with the Illinois
Law Enforcement Training |
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| Standards Board may, consistent with the Fourth
and Fourteenth |
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| Amendments to the United States Constitution and Article I,
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| Section 6 of the Illinois Constitution, search for the presence |
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| of cannabis or
a
controlled substance by sniffing persons, |
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| vehicles, or other items, and if the
sniffing indicates to a |
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| peace officer the presence of cannabis or a controlled
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| substance in violation of the Cannabis Control Act or the |
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| Illinois Controlled
Substances Act, such
indication |
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| constitutes probable cause for a peace officer to search the |
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| person,
vehicle, or other item that the police dog sniffed and |
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| any cannabis or
controlled substances seized are admissible |
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| into evidence in a criminal
prosecution.
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