96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1991

 

Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Annazette Collins

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/108-1   from Ch. 38, par. 108-1

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning a search without a warrant.


LRB096 05389 RLC 15455 b

 

 

A BILL FOR

 

HB1991 LRB096 05389 RLC 15455 b

1     AN ACT concerning 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 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
9 reasonably search the the person arrested and the area within
10 such person'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
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.
22 (Source: P.A. 93-99, eff. 7-3-03.)