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.
  


LRB099 04154 RLC 24174 b

 
 
A BILL FOR
 

  
SB0779LRB099 04154 RLC 24174 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 108-1 as follows:
 



6    (725 ILCS 5/108-1)  (from Ch. 38, par. 108-1)



7    Sec. 108-1. Search without warrant. 

8    (1) When a lawful arrest is effected a peace officer may 
9reasonably search
the person arrested and the area
within such 
10person's immediate presence for the purpose of:


11        (a) protecting the officer from attack; or


12        (b) preventing the person from escaping; or


13        (c) discovering the fruits of the crime; or


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.

17    (2) (Blank).

18    (3) A law enforcement officer may not search or inspect a 
19motor vehicle,
its contents, the driver, or a passenger solely 
20because of a violation of
Section 12-603.1 of the Illinois 
21Vehicle Code.

22    (4)  A law enforcement officer may not search or inspect a 
23motor vehicle,
its contents, the driver, or a passenger solely 
 
 
SB0779- 2 -LRB099 04154 RLC 24174 b

1because the driver or passenger consented to the search. A law 
2enforcement officer may only search or inspect a motor vehicle,

3its contents, the driver, or a passenger:
4        (A)  under a warrant for that search issued under this 
5    Article;
6        (B)  under the conditions described in subsection (1) of 
7    this Section; or
8        (C) if the law enforcement officer has probable cause 
9    that an offense or ordinance violation has been committed 
10    by the driver or passenger. 
11(Source: P.A. 93-99, eff. 7-3-03.)