Full Text of HB5567 102nd General Assembly
HB5567 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5567 Introduced 1/31/2022, by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED: |
| |
Amends the Code of Criminal Procedure of 1963. Creates the Anjanette Young Law. Prohibits no-knock search warrants. Provides requirements for the issuance and execution of search warrants, including, but not limited to, the use of informants, the conduct of police officers, video and audio recording, the treatment of children, property damage, and securing searched premises. Provides that these provisions control over other laws relating to search warrants. Defines terms.
|
| |
| | A BILL FOR |
|
| | | HB5567 | | LRB102 24815 RLC 34060 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 adding Section 108-15 as follows: | 6 | | (725 ILCS 5/108-15 new) | 7 | | Sec. 108-15. Search warrants. This Section may be known as | 8 | | the Anjanette Young Law. Notwithstanding any provision of law | 9 | | to the contrary: | 10 | | (a) No police officer shall execute a no-knock warrant and | 11 | | no
police officer shall seek from any court a warrant | 12 | | authorizing an officer to execute the warrant to make entry | 13 | | into a residence without first knocking, announcing his or
her | 14 | | office, and giving the occupants a reasonable amount of time, | 15 | | no less than 30 seconds, to
respond. | 16 | | (b) When conducting any law enforcement activity, | 17 | | including, but not limited to, the
execution of residential | 18 | | warrants, police officers are required to use
tactics that are | 19 | | the least intrusive to people's home, property and person and | 20 | | least harmful to
people's physical and emotional health. When | 21 | | developing and executing tactics, law enforcement agencies | 22 | | must implement measures to protect individuals' dignity | 23 | | interests, privacy
interests and property interests and must |
| | | HB5567 | - 2 - | LRB102 24815 RLC 34060 b |
|
| 1 | | take measures required to protect people from physical
and | 2 | | emotional harm. Every planned execution of a residential | 3 | | warrant must contain a detailed
explanation regarding how the | 4 | | planned action meets this least intrusive, least harmful | 5 | | standard,
including a plan for children and other vulnerable | 6 | | people, including people with disabilities, who
may be | 7 | | on-site. The head of the law enforcement agency must approve | 8 | | each
plan prior to the execution of the warrant. | 9 | | (c) Each law enforcement agency shall record and publish | 10 | | data about each residential
warrant executed by the agency, | 11 | | including the: location of the warrant, the force used during | 12 | | the
warrant's execution; any allegations of police misconduct | 13 | | or excessive force during the
execution of the warrant, | 14 | | including the names, badge numbers, and units of assignment of | 15 | | the
accused officers; the race, gender, and age of each | 16 | | individual present inside the residence during
the execution | 17 | | of the warrant; the use of handcuffs or any other type of | 18 | | restraint during the
execution of the warrant; the presence of | 19 | | any children during the execution of the warrant; the
recovery | 20 | | of any contraband; any arrests; and whether the warrant was a | 21 | | negative warrant. After every negative warrant, the law | 22 | | enforcement agency shall
provide the public with a written | 23 | | explanation describing the causes of the negative raid. | 24 | | (d) No police officer shall seek a warrant relying solely | 25 | | on an
informant's representation, but instead must supplement | 26 | | with independent investigation and
reasonable surveillance to |
| | | HB5567 | - 3 - | LRB102 24815 RLC 34060 b |
|
| 1 | | corroborate the information and ascertain that the target of | 2 | | the warrant
is present at the location of the warrant's | 3 | | execution. The member seeking application for a search
warrant | 4 | | must describe in the application what they did to corroborate | 5 | | the informant's
representations and the results of their | 6 | | independent investigation, including any observations that
| 7 | | tended to corroborate or contradict the informant's | 8 | | representations. | 9 | | (e) The credibility of informants must be assessed. If an | 10 | | informant has given information that
led to a negative warrant | 11 | | in the past, a law enforcement agency must not rely on that | 12 | | information when seeking
judicial authorization for a search | 13 | | warrant. | 14 | | (f) No police officer shall seek a search warrant without | 15 | | first receiving
supervisory approval. The officer's supervisor | 16 | | shall ensure
that the officer relying upon information from an | 17 | | informant has undergone adequate
independent surveillance to | 18 | | corroborate the information provided by the informant with at | 19 | | least
one additional non-informant source, prior to seeking | 20 | | judicial authorization for a search warrant. | 21 | | (g) Search warrants must be executed in a manner to ensure | 22 | | that people inside a residence
may be searched only by | 23 | | officers of their preferred gender identity. The law | 24 | | enforcement agency shall ensure that there is at least one | 25 | | member who does not identify as male
(including at least one | 26 | | woman) present from the time of initial entry during the |
| | | HB5567 | - 4 - | LRB102 24815 RLC 34060 b |
|
| 1 | | execution of each
residential search warrant. All police | 2 | | officers executing a warrant must be dressed in their official
| 3 | | law enforcement agency uniforms. | 4 | | (h) No planned law enforcement action, including, but not | 5 | | limited to, the execution of
warrants can occur unless police | 6 | | officers have taken all available
measures to avoid executing | 7 | | the warrant when children are present. | 8 | | (i) The execution of all residential search warrants must | 9 | | be conducted between 9:00 am and
7:00 pm, absent verifiable | 10 | | exigent circumstances. | 11 | | (j) If children are present during a planned law | 12 | | enforcement action, police officers must call dispatch and | 13 | | inform operators about the presence of children. | 14 | | (k) During the execution of a warrant, police officers are | 15 | | prohibited
from pointing firearms at, handcuffing, or | 16 | | otherwise restraining children. | 17 | | (l) During the execution of a warrant, police officers are | 18 | | prohibited
from pointing firearms at, handcuffing, or | 19 | | otherwise restraining parents, relatives, or caregivers of | 20 | | children
while in the presence of children. | 21 | | (m)
During the execution of a warrant, police officers are | 22 | | prohibited from pointing firearms at any person
unless the | 23 | | person presents an imminent risk of death or serious bodily | 24 | | injury to another person. | 25 | | (n) During the execution of a warrant, police officers are | 26 | | prohibited
from interrogating or questioning children, barring |
| | | HB5567 | - 5 - | LRB102 24815 RLC 34060 b |
|
| 1 | | exceptional circumstances when limited
questions are necessary | 2 | | to protect people in the home from an immediate threat of | 3 | | physical harm. | 4 | | (n) During the execution of a warrant, police officers | 5 | | must take all
available measures to avoid any damage or | 6 | | destruction to property or possessions of the place of
the | 7 | | warrant's execution. | 8 | | (o) Police officers who execute a residential warrant must | 9 | | prepare a
damage report before leaving the home, which | 10 | | documents all property that the officers damaged. Police | 11 | | officers must secure the home before leaving, and make | 12 | | immediate arrangements to
repair any damage that poses a | 13 | | threat to the safety of the residents, including but not | 14 | | limited to
doors, windows, and appliances and to ensure that | 15 | | any such threats to the safety of the residents
are remedied | 16 | | within 4 hours of the officers concluding the execution of the | 17 | | warrant. In
addition, officers must work with the residents to | 18 | | make arrangements for the prompt repair or
replacement of any | 19 | | other damaged property, or to reimburse residents for the | 20 | | same. | 21 | | (p) Each police officer who executes a warrant must wear | 22 | | and activate
his or her body camera during the entire | 23 | | execution of the warrant. | 24 | | (q) All law enforcement agencies shall permanently retain | 25 | | all video and audio recordings
of the execution of residential | 26 | | each search warrant. Upon receipt of a request from any person |
| | | HB5567 | - 6 - | LRB102 24815 RLC 34060 b |
|
| 1 | | whose residence or person is depicted in video or audio | 2 | | recordings in the custody or
control of the law enforcement | 3 | | agency, or the representative of such a person, relating to an | 4 | | encounter with police officers of that law enforcement agency, | 5 | | the law enforcement agency must provide to that person | 6 | | unredacted copies of all video and audio recordings within 2 | 7 | | days. | 8 | | (r) For every warrant execution, the head of the law | 9 | | enforcement agency or his or her designee will review all | 10 | | relevant evidence, including, but not limited to, video | 11 | | footage, warrant applications,
and incident reports to ensure | 12 | | compliance with this Section. If the head of the law | 13 | | enforcement agency or his or her designee has a reasonable | 14 | | suspicion that any police officer of the law enforcement | 15 | | agency violated any provision of this Section, the head of the | 16 | | law enforcement agency will immediately strip that
officer of | 17 | | his or her police powers and refer the officer for further | 18 | | disciplinary proceedings, up to and including termination. | 19 | | (s) No affidavit, sworn testimony, or statement shall be | 20 | | required to initiate an investigation
into an allegation of | 21 | | misconduct against any police officer for conduct during the | 22 | | execution of a warrant. | 23 | | (t) Construction. Where the provisions of this Section | 24 | | conflict with any other provision of law, including, but not | 25 | | limited to, this Article, this Section shall control. | 26 | | (u) Definitions. As used in this Section: |
| | | HB5567 | - 7 - | LRB102 24815 RLC 34060 b |
|
| 1 | | "Children" includes anyone who appears to be 16 years | 2 | | of age or younger. | 3 | | "Negative warrant" means a search warrant which did | 4 | | not result in the arrest of the target of the warrant or | 5 | | recovery of contraband or
evidence identified in the | 6 | | warrant. | 7 | | "No-knock warrant" means a search warrant to be | 8 | | executed by making entry without the serving officer first | 9 | | knocking and announcing his or her office. | 10 | |
|
|