SB0779 99TH GENERAL ASSEMBLY

LRB099 04154 RLC 24174 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0779

Introduced 2/4/2015, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

725 ILCS 5/108-1

from Ch. 38, par. 108-1

Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because the driver or passenger consented to the search. Provides that a law enforcement officer may only search or inspect a motor vehicle, its contents, the driver, or a passenger: (1) under a warrant for that search issued under the Search and Seizure Article of the Code; (2) under certain circumstances following a lawful arrest; or (3) if the law enforcement officer has probable cause that an offense or ordinance violation has been committed by the driver or passenger.

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 108-1 as follows:

(725 ILCS 5/108-1) (from Ch. 38, par. 108-1)

Sec. 108-1. Search without warrant.

(1) When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:

(a) protecting the officer from attack; or

(b) preventing the person from escaping; or

(c) discovering the fruits of the crime; or

(d) discovering any instruments, articles, or things which may have been used in the commission of, or which may constitute evidence of, an offense.

(2) (Blank).

(3) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of Section 12-603.1 of the Illinois Vehicle Code.

(4) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because the driver or passenger consented to the search. A law enforcement officer may only search or inspect a motor vehicle, its contents, the driver, or a passenger:

(A) under a warrant for that search issued under this Article;

(B) under the conditions described in subsection (1) of this Section; or

(C) if the law enforcement officer has probable cause that an offense or ordinance violation has been committed by the driver or passenger.

(Source: P.A. 93-99, eff. 7-3-03.)