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: |
| |
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.
|
| |
| | A BILL FOR |
|
| | | HB2611 | | LRB103 29809 LNS 56216 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Protection 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 | 8 | | physical intrusions on their private property. | 9 | | (b) The people of this State have a reasonable expectation | 10 | | of privacy in their homes and property, both real and | 11 | | personal. | 12 | | (c) This State should protect its residents' homes and | 13 | | property, both real and personal, from warrantless and | 14 | | otherwise illegal searches and seizures.
| 15 | | Section 10. Definitions. As used in this Act: | 16 | | "Government agent" means any local, State, or federal | 17 | | official who is employed or contracted by the government in | 18 | | this State, including any peace officer, inspector, and | 19 | | wildlife official. | 20 | | "Home" means any private residence that is owned, leased, | 21 | | used, or occupied. "Home" includes private land on which the | 22 | | residence is located. |
| | | HB2611 | - 2 - | LRB103 29809 LNS 56216 b |
|
| 1 | | "Private land" means land that is owned, leased, used, or | 2 | | occupied by a natural person or nongovernment entity. | 3 | | "Probable cause" means the presence of facts and | 4 | | circumstances within the government agent's knowledge that | 5 | | would warrant a person of reasonable caution to believe that | 6 | | an offense has been or is being committed. "Probable cause" | 7 | | does not include the possession, discharge, or use of one or | 8 | | more items that are legal to possess. | 9 | | "Search warrant" means a warrant that is supported by | 10 | | individualized probable cause and executed by a magistrate or | 11 | | judge. | 12 | | Section 15. Conditions for government to enter homes and | 13 | | private land. | 14 | | (a) No government agent shall enter a home or private land | 15 | | without 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 | 6 | | immediately notify the landowner, lessee, or occupant if | 7 | | notice can be reasonably made. | 8 | | (c) Unless entering under an exception in subsection (a), | 9 | | a government agent shall show the search warrant to the | 10 | | property owner, lessee, or occupant if property owner, lessee, | 11 | | or occupant is present. | 12 | | (d) If a government agent is equipped with a body-mounted | 13 | | camera while entering a home or private land, the camera must | 14 | | be activated, unobscured, and recording the entire time the | 15 | | government agent is on the property. | 16 | | (e) If a government agent enters private land pursuant to | 17 | | paragraph (4) of subsection (a), the government agent shall, | 18 | | prior to and after dispatching the wildlife, show the wildlife | 19 | | to the landowner, lessee, or occupant if the landowner, | 20 | | lessee, or occupant requests to see the wildlife. | 21 | | (f) A government agent shall not seize any private | 22 | | property, including currency, vehicles, weapons, tools, or | 23 | | wild game, without individualized probable cause of the | 24 | | commission 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 | 2 | | conducted in violation of this Act is inadmissible in any | 3 | | administrative, civil, or criminal proceeding. | 4 | | (b) Any arrest made pursuant to a search or seizure | 5 | | conducted in violation of this Act is invalid. | 6 | | (c) If a government agent searches or enters a home or | 7 | | private land in violation of this Act, a person who believes | 8 | | the person's rights have been violated may pursue an action | 9 | | for actual damages. | 10 | | (d) In an action under subsection (c), a prevailing | 11 | | plaintiff may recover declaratory relief, injunctive relief, | 12 | | compensatory damages, nominal damages, and attorney's fees.
|
|