HB5807 101ST GENERAL ASSEMBLY

  
  
 

 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5807
 
Introduced 11/10/2020, by Rep. Maurice A. West, II and Jonathan "Yoni" Pizer
 
SYNOPSIS AS INTRODUCED:
 

 



725 ILCS 5/108-8  from Ch. 38, par. 108-8

     Amends the Code of Criminal Procedure of 1963.  Defines "no-knock search warrant" or "dynamic entry warrant". Provides that a  peace officer or other public officer or employee shall not seek or execute a no-knock search warrant or dynamic entry warrant and a court shall not issue such a warrant.  Provides that a peace officer or other public officer or employee who violates  this provision is guilty of official misconduct.  Effective immediately.
  


LRB101 21693 RLC 72637 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB5807LRB101 21693 RLC 72637 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 108-8 as follows:
 



6    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)



7    Sec. 108-8. Use of force in execution of search warrant. 

8    (a) All necessary and reasonable force may be used to 
9effect an entry into
any building or property or part thereof 
10to execute a search warrant.

11    (b) In this subsection (b), "no-knock search warrant" or 
12"dynamic entry warrant" means a search warrant authorizing 
13peace officers to enter certain premises without first knocking 
14and announcing their presence or purpose prior to entering the 
15premises. A peace officer or other public officer or employee 
16shall not seek or execute a no-knock search warrant or dynamic 
17entry warrant and a court shall not issue such a warrant.  A 
18peace officer or other public officer or employee who violates  
19this subsection (b) is guilty of official misconduct under 
20Section 33-3 of the Criminal Code of 2012. The court issuing a 
21warrant may authorize the officer executing the
warrant to make 
22entry without first knocking and announcing his or her office

23if it finds, based upon a showing of specific facts, the 
 
 
HB5807- 2 -LRB101 21693 RLC 72637 b

1existence of the
following exigent circumstances:


2        (1) That the officer reasonably believes that if notice 
3    were given a
weapon would be used:


4            (i) against the officer executing the search 
5        warrant; or


6            (ii) against another person.


7        (2) That if notice were given there is an imminent 
8    "danger" that evidence
will be destroyed.

9(Source: P.A. 92-502, eff. 12-19-01.)

 
 
10    Section 99. Effective date. This Act takes effect upon 
11becoming law.