94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1557


 
Introduced 2/14/2005, by Rep. Monique D. Davis - Arthur L. Turner - Calvin L. Giles - Lovana Jones - David E. Miller, et al.
 
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 motor vehicle or the driver or passenger of a motor vehicle stopped on the basis of a violation or suspected violation of the Illinois Vehicle Code may not be subjected to an investigation or procedure involving a drug detecting canine or canine sniff in the absence of specific and articulable facts that support a reasonable belief that illegal drugs are present in the motor vehicle or upon the person of the driver or passenger of the motor vehicle.
















LRB094 08452 RXD 38657 b

















 


 


A BILL FOR









 











HB1557

LRB094 08452 RXD 38657 b






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    AN ACT concerning 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 changing Section 108-1 as follows:
 



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


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    Sec. 108-1. Search without warrant. 

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


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        (a) protecting the officer from attack; or


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        (b) preventing the person from escaping; or


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        (c) discovering the fruits of the crime; or


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

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    (2) (Blank).

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    (3) A law enforcement officer may not search or inspect a 
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motor vehicle,
its contents, the driver, or a passenger solely 
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because of a violation of
Section 12-603.1 of the Illinois 
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Vehicle Code.
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    (4) A motor vehicle or the driver or passenger of a motor 
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vehicle stopped on the basis of a violation or suspected 
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violation of the Illinois Vehicle Code may not be subjected to 
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an investigation or procedure involving a drug detecting canine 
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or canine sniff in the absence of specific and articulable 
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facts that support a reasonable belief that illegal drugs are 
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present in the motor vehicle or upon the person of the driver 
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or passenger of the motor vehicle.


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