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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4965 Introduced 2/18/2020, by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
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| 725 ILCS 5/108-1 | from Ch. 38, par. 108-1 |
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Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not search or inspect a wireless communications device or any audio, video, text, or other form of message on a wireless communications device without a search warrant. Defines "wireless communications device".
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| | A BILL FOR |
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| | HB4965 | | LRB101 16722 RLC 66111 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 108-1 as follows:
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| 6 | | (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
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| 7 | | Sec. 108-1. Search without warrant.
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| 8 | | (1) When a lawful arrest is effected a peace officer may |
| 9 | | reasonably search
the person arrested and the area
within such |
| 10 | | person's immediate presence for the purpose of:
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| 11 | | (a) protecting the officer from attack; or
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| 12 | | (b) preventing the person from escaping; or
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| 13 | | (c) discovering the fruits of the crime; or
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| 14 | | (d) discovering any instruments, articles, or things |
| 15 | | which may have been
used in the commission of, or which may |
| 16 | | constitute evidence of, an offense.
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| 17 | | (2) (Blank).
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| 18 | | (3) A law enforcement officer may not search or inspect a |
| 19 | | motor vehicle,
its contents, the driver, or a passenger solely |
| 20 | | because of a violation of
Section 12-603.1 of the Illinois |
| 21 | | Vehicle Code.
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| 22 | | (4) A law enforcement officer may not search or inspect a |
| 23 | | wireless communications device or any audio, video, text, or |