Illinois General Assembly - Full Text of HB2611
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Full Text of HB2611  103rd General Assembly

HB2611 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2611

 

Introduced 2/15/2023, by Rep. Jed Davis

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Protection of All Property from Warrantless Searches Act. Prohibits a government agent from entering a home or private land without a search warrant except: (1) after receiving the permission of the property owner, lessee, or occupant; (2) to respond to a life-threatening emergency or another immediate threat to public safety that was either reported to the government agent or the government agent personally observed; (3) to prevent the imminent unlawful killing of wildlife or the destruction of evidence of such unlawful killing where the government agent has probable cause to believe either is about to occur; (4) to dispatch crippled or distressed wildlife the government agent has personally observed; or (5) to apprehend a fleeing subject that the government agent has probable cause to believe is on the property. Provides that any evidence obtained pursuant to a search and seizure conducted in violation of the Act is inadmissible in any administrative, civil, or criminal proceeding. Provides that any arrest made pursuant to a search or seizure conducted in violation of the Act is invalid. Allows a person who believes the person's rights have been violated under the Act to bring an action for actual damages. Allows a prevailing plaintiff in such an action to recover declaratory relief, injunctive relief, compensatory damages, nominal damages, and attorney's fees.


LRB103 29809 LNS 56216 b

 

 

A BILL FOR

 

HB2611LRB103 29809 LNS 56216 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Protection of All Property from Warrantless Searches Act.
 
6    Section 5. Findings.
7    (a) The people of this State have a right to be free from
8physical intrusions on their private property.
9    (b) The people of this State have a reasonable expectation
10of privacy in their homes and property, both real and
11personal.
12    (c) This State should protect its residents' homes and
13property, both real and personal, from warrantless and
14otherwise illegal searches and seizures.
 
15    Section 10. Definitions. As used in this Act:
16    "Government agent" means any local, State, or federal
17official who is employed or contracted by the government in
18this State, including any peace officer, inspector, and
19wildlife official.
20    "Home" means any private residence that is owned, leased,
21used, or occupied. "Home" includes private land on which the
22residence is located.

 

 

HB2611- 2 -LRB103 29809 LNS 56216 b

1    "Private land" means land that is owned, leased, used, or
2occupied by a natural person or nongovernment entity.
3    "Probable cause" means the presence of facts and
4circumstances within the government agent's knowledge that
5would warrant a person of reasonable caution to believe that
6an offense has been or is being committed. "Probable cause"
7does not include the possession, discharge, or use of one or
8more items that are legal to possess.
9    "Search warrant" means a warrant that is supported by
10individualized probable cause and executed by a magistrate or
11judge.
 
12    Section 15. Conditions for government to enter homes and
13private land.
14    (a) No government agent shall enter a home or private land
15without a search warrant except:
16        (1) after receiving the permission of the property
17    owner, lessee, or occupant;
18        (2) to respond to a life-threatening emergency or
19    another immediate threat to public safety that was either
20    reported to the government agent or the government agent
21    personally observed;
22        (3) to prevent the imminent unlawful killing of
23    wildlife or the destruction of evidence of such unlawful
24    killing where the government agent has probable cause to
25    believe either is about to occur;

 

 

HB2611- 3 -LRB103 29809 LNS 56216 b

1        (4) to dispatch crippled or distressed wildlife the
2    government agent has personally observed; or
3        (5) to apprehend a fleeing subject that the government
4    agent has probable cause to believe is on the property.
5    (b) Upon entering private land, the government agent shall
6immediately notify the landowner, lessee, or occupant if
7notice can be reasonably made.
8    (c) Unless entering under an exception in subsection (a),
9a government agent shall show the search warrant to the
10property owner, lessee, or occupant if property owner, lessee,
11or occupant is present.
12    (d) If a government agent is equipped with a body-mounted
13camera while entering a home or private land, the camera must
14be activated, unobscured, and recording the entire time the
15government agent is on the property.
16    (e) If a government agent enters private land pursuant to
17paragraph (4) of subsection (a), the government agent shall,
18prior to and after dispatching the wildlife, show the wildlife
19to the landowner, lessee, or occupant if the landowner,
20lessee, or occupant requests to see the wildlife.
21    (f) A government agent shall not seize any private
22property, including currency, vehicles, weapons, tools, or
23wild game, without individualized probable cause of the
24commission of a criminal offense.
 
25    Section 20. Illegal searches and seizures.

 

 

HB2611- 4 -LRB103 29809 LNS 56216 b

1    (a) Any evidence obtained pursuant to a search or seizure
2conducted in violation of this Act is inadmissible in any
3administrative, civil, or criminal proceeding.
4    (b) Any arrest made pursuant to a search or seizure
5conducted in violation of this Act is invalid.
6    (c) If a government agent searches or enters a home or
7private land in violation of this Act, a person who believes
8the person's rights have been violated may pursue an action
9for actual damages.
10    (d) In an action under subsection (c), a prevailing
11plaintiff may recover declaratory relief, injunctive relief,
12compensatory damages, nominal damages, and attorney's fees.