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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4969
Introduced 1/21/2010, by Rep. Keith Farnham SYNOPSIS AS INTRODUCED:
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725 ILCS 5/108-8 |
from Ch. 38, par. 108-8 |
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Amends the Code of Criminal Procedure of 1963. Provides that all necessary and reasonable force may be used to execute a search warrant for the taking of blood, hair, or other materials from a person's body when the subject of the search warrant is resisting execution of the search warrant.
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A BILL FOR
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HB4969 |
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LRB096 17608 RLC 32965 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 108-8 as follows:
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| (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
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| Sec. 108-8. Use of force in execution of search warrant.
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| (a) All necessary and reasonable force may be used to |
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| effect an entry into
any building or property or part thereof |
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| to execute a search warrant.
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| (b) The court issuing a warrant may authorize the officer |
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| executing the
warrant to make entry without first knocking and |
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| announcing his or her office
if it finds, based upon a showing |
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| of specific facts, the existence of the
following exigent |
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| circumstances:
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| (1) That the officer reasonably believes that if notice |
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| were given a
weapon would be used:
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| (i) against the officer executing the search |
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| warrant; or
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| (ii) against another person.
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| (2) That if notice were given there is an imminent |
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| "danger" that evidence
will be destroyed.
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| (c) All necessary and reasonable force may be used to |