102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0451

 

Introduced 2/8/2021, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/108-8  from Ch. 38, par. 108-8
725 ILCS 5/108-8  from Ch. 38, par. 108-8

    Amends the Code of Criminal Procedure of 1963. Provides that no law enforcement officer shall seek, execute, or participate in the execution of a no-knock search warrant. A search warrant authorized under this Section shall require that a law enforcement officer be recognizable and identifiable as a uniformed law enforcement officer and provide audible notice of his authority and purpose reasonably expected to be heard by occupants of the place to be searched prior to the execution of the search warrant. After entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing law enforcement officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing law enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched. Search warrants authorized under this section shall be executed only in the daytime unless: (1) a judge authorizes the execution of the search warrant at another time for good cause shown; or (2) the search warrant is for the withdrawal of blood. A search warrant for the withdrawal of blood may be executed at any time of day. A law enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time. Such reasonable efforts shall be documented in an affidavit and submitted to a judge when seeking the authorization. Any evidence obtained from a search warrant in violation of this subsection shall not be admitted into evidence for the State in any prosecution.


LRB102 04277 RLC 14295 b

 

 

A BILL FOR

 

HB0451LRB102 04277 RLC 14295 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. If and only if House Bill 3653 of the 101st
5General Assembly does not become law, the Code of Criminal
6Procedure of 1963 is amended by changing Section 108-8 as
7follows:
 
8    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)
9    Sec. 108-8. Use of force in execution of search warrant.
10    (a) All necessary and reasonable force may be used to
11effect an entry into any building or property or part thereof
12to execute a search warrant.
13    (b) No law enforcement officer shall seek, execute, or
14participate in the execution of a no-knock search warrant. A
15search warrant authorized under this Section shall require
16that a law enforcement officer be recognizable and
17identifiable as a uniformed law enforcement officer and
18provide audible notice of his authority and purpose reasonably
19expected to be heard by occupants of such place to be searched
20prior to the execution of the search warrant. After entering
21and securing the place to be searched and prior to undertaking
22any search or seizure pursuant to the search warrant, the
23executing law enforcement officer shall read and give a copy

 

 

HB0451- 2 -LRB102 04277 RLC 14295 b

1of the search warrant to the person to be searched or the owner
2of the place to be searched or, if the owner is not present, to
3any occupant of the place to be searched. If the place to be
4searched is unoccupied, the executing law enforcement officer
5shall leave a copy of the search warrant suitably affixed to
6the place to be searched. Search warrants authorized under
7this Section shall be executed only in the daytime unless:
8        (1) a judge authorizes the execution of the search
9    warrant at another time for good cause shown; or
10        (2) the search warrant is for the withdrawal of blood.
11    A search warrant for the withdrawal of blood may be
12    executed at any time of day. A law enforcement officer
13    shall make reasonable efforts to locate a judge before
14    seeking authorization to execute the warrant at another
15    time. Such reasonable efforts shall be documented in an
16    affidavit and submitted to a judge when seeking the
17    authorization. Any evidence obtained from a search warrant
18    in violation of this subsection shall not be admitted into
19    evidence for the State in any prosecution. The court
20    issuing a warrant may authorize the officer executing the
21    warrant to make entry without first knocking and
22    announcing his or her office if it finds, based upon a
23    showing of specific facts, the existence of the following
24    exigent circumstances:
25        (1) That the officer reasonably believes that if
26    notice were given a weapon would be used:

 

 

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1            (i) against the officer executing the search
2        warrant; or
3            (ii) against another person.
4        (2) That if notice were given there is an imminent
5    "danger" that evidence will be destroyed.
6(Source: P.A. 92-502, eff. 12-19-01.)
 
7    Section 10. If and only if House Bill 3653 of the 101st
8General Assembly becomes law, the Code of Criminal Procedure
9of 1963 is amended by changing Section 108-8 as follows:
 
10    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)
11    Sec. 108-8. Use of force in execution of search warrant.
12    (a) All necessary and reasonable force may be used to
13effect an entry into any building or property or part thereof
14to execute a search warrant.
15    (b) No law enforcement officer shall seek, execute, or
16participate in the execution of a no-knock search warrant. A
17search warrant authorized under this Section shall require
18that a law enforcement officer be recognizable and
19identifiable as a uniformed law enforcement officer and
20provide audible notice of his authority and purpose reasonably
21expected to be heard by occupants of the place to be searched
22prior to the execution of the search warrant. After entering
23and securing the place to be searched and prior to undertaking
24any search or seizure pursuant to the search warrant, the

 

 

HB0451- 4 -LRB102 04277 RLC 14295 b

1executing law enforcement officer shall read and give a copy
2of the search warrant to the person to be searched or the owner
3of the place to be searched or, if the owner is not present, to
4any occupant of the place to be searched. If the place to be
5searched is unoccupied, the executing law enforcement officer
6shall leave a copy of the search warrant suitably affixed to
7the place to be searched. Search warrants authorized under
8this Section shall be executed only in the daytime unless:
9        (1) a judge authorizes the execution of the search
10    warrant at another time for good cause shown; or
11        (2) the search warrant is for the withdrawal of blood.
12    A search warrant for the withdrawal of blood may be
13    executed at any time of day. A law enforcement officer
14    shall make reasonable efforts to locate a judge before
15    seeking authorization to execute the warrant at another
16    time. Such reasonable efforts shall be documented in an
17    affidavit and submitted to a judge when seeking the
18    authorization. Any evidence obtained from a search warrant
19    in violation of this subsection shall not be admitted into
20    evidence for the State in any prosecution. The court
21    issuing a warrant may authorize the officer executing the
22    warrant to make entry without first knocking and
23    announcing his or her office if it finds, based upon a
24    showing of specific facts, the existence of the following
25    exigent circumstances:
26        (1) That the officer reasonably believes that if

 

 

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1    notice were given a weapon would be used:
2            (i) against the officer executing the search
3        warrant; or
4            (ii) against another person.
5        (2) That if notice were given there is an imminent
6    "danger" that evidence will be destroyed.
7    (c) (Blank). Prior to the issuing of a warrant under
8subsection (b), the officer must attest that:
9        (1) prior to entering the location described in the
10    search warrant, a supervising officer will ensure that
11    each participating member is assigned a body worn camera
12    and is following policies and procedures in accordance
13    with Section 10-20 of the Law Enforcement Officer-Worn
14    Body Camera Act; provided that the law enforcement agency
15    has implemented body worn camera in accordance with
16    Section 10-15 of the Law Enforcement Officer-Worn Body
17    Camera Act. If a law enforcement agency has not
18    implemented a body camera in accordance with Section 10-15
19    of the Law Enforcement Officer-Worn Body Camera Act, the
20    officer must attest that the interaction authorized by the
21    warrant is otherwise recorded;
22        (2) steps were taken in planning the search to ensure
23    accuracy and plan for children or other vulnerable people
24    on-site; and
25        (3) if an officer becomes aware the search warrant was
26    executed at an address, unit, or apartment different from

 

 

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1    the location listed on the search warrant, that member
2    will immediately notify a supervisor who will ensure an
3    internal investigation ensues.
4(Source: P.A. 92-502, eff. 12-19-01; 101HB3653 enrolled.)