HB5567 102ND GENERAL ASSEMBLY

LRB102 24815 RLC 34060 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5567

Introduced 1/31/2022, by Rep. Lamont J. Robinson, Jr.

SYNOPSIS AS INTRODUCED:

725 ILCS 5/108-15 new

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

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 108-15 as follows:

(725 ILCS 5/108-15 new)

Sec. 108-15. Search warrants. This Section may be known as the Anjanette Young Law. Notwithstanding any provision of law to the contrary:

(a) No police officer shall execute a no-knock warrant and no police officer shall seek from any court a warrant authorizing an officer to execute the warrant to make entry into a residence without first knocking, announcing his or her office, and giving the occupants a reasonable amount of time, no less than 30 seconds, to respond.

(b) When conducting any law enforcement activity, including, but not limited to, the execution of residential warrants, police officers are required to use tactics that are the least intrusive to people's home, property and person and least harmful to people's physical and emotional health. When developing and executing tactics, law enforcement agencies must implement measures to protect individuals' dignity interests, privacy interests and property interests and must take measures required to protect people from physical and emotional harm. Every planned execution of a residential warrant must contain a detailed explanation regarding how the planned action meets this least intrusive, least harmful standard, including a plan for children and other vulnerable people, including people with disabilities, who may be on-site. The head of the law enforcement agency must approve each plan prior to the execution of the warrant.

(c) Each law enforcement agency shall record and publish data about each residential warrant executed by the agency, including the: location of the warrant, the force used during the warrant's execution; any allegations of police misconduct or excessive force during the execution of the warrant, including the names, badge numbers, and units of assignment of the accused officers; the race, gender, and age of each individual present inside the residence during the execution of the warrant; the use of handcuffs or any other type of restraint during the execution of the warrant; the presence of any children during the execution of the warrant; the recovery of any contraband; any arrests; and whether the warrant was a negative warrant. After every negative warrant, the law enforcement agency shall provide the public with a written explanation describing the causes of the negative raid.

(d) No police officer shall seek a warrant relying solely on an informant's representation, but instead must supplement with independent investigation and reasonable surveillance to corroborate the information and ascertain that the target of the warrant is present at the location of the warrant's execution. The member seeking application for a search warrant must describe in the application what they did to corroborate the informant's representations and the results of their independent investigation, including any observations that tended to corroborate or contradict the informant's representations.

(e) The credibility of informants must be assessed. If an informant has given information that led to a negative warrant in the past, a law enforcement agency must not rely on that information when seeking judicial authorization for a search warrant.

(f) No police officer shall seek a search warrant without first receiving supervisory approval. The officer's supervisor shall ensure that the officer relying upon information from an informant has undergone adequate independent surveillance to corroborate the information provided by the informant with at least one additional non-informant source, prior to seeking judicial authorization for a search warrant.

(g) Search warrants must be executed in a manner to ensure that people inside a residence may be searched only by officers of their preferred gender identity. The law enforcement agency shall ensure that there is at least one member who does not identify as male (including at least one woman) present from the time of initial entry during the execution of each residential search warrant. All police officers executing a warrant must be dressed in their official law enforcement agency uniforms.

(h) No planned law enforcement action, including, but not limited to, the execution of warrants can occur unless police officers have taken all available measures to avoid executing the warrant when children are present.

(i) The execution of all residential search warrants must be conducted between 9:00 am and 7:00 pm, absent verifiable exigent circumstances.

(j) If children are present during a planned law enforcement action, police officers must call dispatch and inform operators about the presence of children.

(k) During the execution of a warrant, police officers are prohibited from pointing firearms at, handcuffing, or otherwise restraining children.

(l) During the execution of a warrant, police officers are prohibited from pointing firearms at, handcuffing, or otherwise restraining parents, relatives, or caregivers of children while in the presence of children.

(m) During the execution of a warrant, police officers are prohibited from pointing firearms at any person unless the person presents an imminent risk of death or serious bodily injury to another person.

(n) During the execution of a warrant, police officers are prohibited from interrogating or questioning children, barring exceptional circumstances when limited questions are necessary to protect people in the home from an immediate threat of physical harm.

(n) During the execution of a warrant, police officers must take all available measures to avoid any damage or destruction to property or possessions of the place of the warrant's execution.

(o) Police officers who execute a residential warrant must prepare a damage report before leaving the home, which documents all property that the officers damaged. Police officers must secure the home before leaving, and make immediate arrangements to repair any damage that poses a threat to the safety of the residents, including but not limited to doors, windows, and appliances and to ensure that any such threats to the safety of the residents are remedied within 4 hours of the officers concluding the execution of the warrant. In addition, officers must work with the residents to make arrangements for the prompt repair or replacement of any other damaged property, or to reimburse residents for the same.

(p) Each police officer who executes a warrant must wear and activate his or her body camera during the entire execution of the warrant.

(q) All law enforcement agencies shall permanently retain all video and audio recordings of the execution of residential each search warrant. Upon receipt of a request from any person whose residence or person is depicted in video or audio recordings in the custody or control of the law enforcement agency, or the representative of such a person, relating to an encounter with police officers of that law enforcement agency, the law enforcement agency must provide to that person unredacted copies of all video and audio recordings within 2 days.

(r) For every warrant execution, the head of the law enforcement agency or his or her designee will review all relevant evidence, including, but not limited to, video footage, warrant applications, and incident reports to ensure compliance with this Section. If the head of the law enforcement agency or his or her designee has a reasonable suspicion that any police officer of the law enforcement agency violated any provision of this Section, the head of the law enforcement agency will immediately strip that officer of his or her police powers and refer the officer for further disciplinary proceedings, up to and including termination.

(s) No affidavit, sworn testimony, or statement shall be required to initiate an investigation into an allegation of misconduct against any police officer for conduct during the execution of a warrant.

(t) Construction. Where the provisions of this Section conflict with any other provision of law, including, but not limited to, this Article, this Section shall control.

(u) Definitions. As used in this Section:

"Children" includes anyone who appears to be 16 years of age or younger.

"Negative warrant" means a search warrant which did not result in the arrest of the target of the warrant or recovery of contraband or evidence identified in the warrant.

"No-knock warrant" means a search warrant to be executed by making entry without the serving officer first knocking and announcing his or her office.