HB4965 101ST GENERAL ASSEMBLY

LRB101 16722 RLC 66111 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4965

Introduced 2/18/2020, by Rep. Allen Skillicorn

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 wireless communications device or any audio, video, text, or other form of message on a wireless communications device without a search warrant. Defines "wireless communications device".

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 108-1 as follows:

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

Sec. 108-1. Search without warrant.

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

(a) protecting the officer from attack; or

(b) preventing the person from escaping; or

(c) discovering the fruits of the crime; or

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

(2) (Blank).

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

(4) A law enforcement officer may not search or inspect a wireless communications device or any audio, video, text, or other form of message on a wireless communications device without a search warrant. As used in this subsection (4), "wireless communications device" has the meaning provided in Section 5 of the Resale Dealers Act.

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