93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6580

 

Introduced 02/09/04, by Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/108-15 new

    Amends the Code of Criminal Procedure of 1963. Provides that a police dog who is trained in accordance with standards prescribed by the Director of State Police in consultation with the Illinois Law Enforcement Training Standards Board may, consistent with the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 6 of the Illinois Constitution, search for the presence of cannabis or a controlled substance by sniffing persons, vehicles, or other items, and if the sniffing indicates to a peace officer the presence of cannabis or a controlled substance in violation of the Cannabis Control Act or the Illinois Controlled Substances Act, such indication constitutes probable cause for a peace officer to search the person, vehicle, or other item that the police dog sniffed and any cannabis or controlled substances seized are admissible into evidence in a criminal prosecution.


LRB093 17626 RLC 43297 b

 

 

A BILL FOR

 

HB6580 LRB093 17626 RLC 43297 b

1     AN ACT in relation to criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by adding Section 108-15 as follows:
 
6     (725 ILCS 5/108-15 new)
7     Sec. 108-15. Police dogs; controlled substance and
8 cannabis violations.
9     (a) In this Section, "police dog" means a dog trained to
10 assist peace officers in their law enforcement duties.
11     (b) A police dog who is trained in accordance with
12 standards prescribed by the Director of State Police in
13 consultation with the Illinois Law Enforcement Training
14 Standards Board may, consistent with the Fourth and Fourteenth
15 Amendments to the United States Constitution and Article I,
16 Section 6 of the Illinois Constitution, search for the presence
17 of cannabis or a controlled substance by sniffing persons,
18 vehicles, or other items, and if the sniffing indicates to a
19 peace officer the presence of cannabis or a controlled
20 substance in violation of the Cannabis Control Act or the
21 Illinois Controlled Substances Act, such indication
22 constitutes probable cause for a peace officer to search the
23 person, vehicle, or other item that the police dog sniffed and
24 any cannabis or controlled substances seized are admissible
25 into evidence in a criminal prosecution.