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90_HB0591
725 ILCS 5/108-8 from Ch. 38, par. 108-8
Amends the Code of Criminal Procedure of 1963. Provides
that an officer executing a search warrant may make entry
without first knocking and announcing his or her office when
there is a reasonable belief that a weapon will be used
against the officer executing the warrant (now the prior
possession of firearms by an occupant of the building within
a reasonable time period).
LRB9003117RCks
LRB9003117RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 108-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 108-8 as follows:
7 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
8 Sec. 108-8. Use of force in execution of search warrant.
9 (a) All necessary and reasonable force may be used to
10 effect an entry into any building or property or part thereof
11 to execute a search warrant.
12 (b) Upon a finding by the judge issuing the warrant that
13 any of the following exigent circumstances exist, the judge
14 may order the person executing the warrant to make entry
15 without first knocking and announcing his or her office:
16 (1) the presence of firearms or explosives in the
17 building in an area where they are accessible to any
18 occupant;
19 (2) the reasonable belief that a weapon will be
20 used against the officer executing the warrant the prior
21 possession of firearms by an occupant of the building
22 within a reasonable period of time;
23 (3) the presence of surveillance equipment, such as
24 video cameras, or alarm systems, inside or outside of the
25 building;
26 (4) the presence of steel doors, wooden planking,
27 crossbars, dogs, or other similar means of preventing or
28 impeding entry into the building.
29 (Source: P.A. 87-522; 87-895.)