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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6809
Introduced 02/09/04, by John J. Millner SYNOPSIS AS INTRODUCED:
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725 ILCS 5/108-1 |
from Ch. 38, par. 108-1 |
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Amends the Code of Criminal Procedure of 1963. Provides that probable cause for a traffic stop must be specific to the person for whom there is probable cause to make the stop and not to other persons in the motor vehicle. Provides that if an item of contraband is in plain view in the motor vehicle after a peace officer makes the stop of the vehicle, the officer may search other persons in the motor vehicle for whom there is probable cause to search based upon the discovery of the contraband or to protect the officer from attack.
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A BILL FOR
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HB6809 |
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LRB093 18416 RLC 44124 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 108-1 as follows:
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| (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
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| Sec. 108-1. Search without warrant.
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| (1) When a lawful arrest is effected a peace officer may |
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| reasonably search
the person arrested and the area
within such |
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| person's immediate presence for the purpose of:
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| (a) protecting the officer from attack; or
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| (b) preventing the person from escaping; or
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| (c) discovering the fruits of the crime; or
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| (d) discovering any instruments, articles, or things |
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| which may have been
used in the commission of, or which may |
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| constitute evidence of, an offense.
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| (2) (Blank).
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| (3) A peace
law enforcement officer may not search or |
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| inspect a motor vehicle,
its contents, the driver, or a |
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| passenger solely because of a violation of
Section 12-603.1 of |
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| the Illinois Vehicle Code. |
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| (4) A peace officer who has probable cause to stop a motor |
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| vehicle for a violation of the Illinois Vehicle Code or a |
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| similar provision of a local ordinance may not search or arrest |
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| a person in the motor vehicle other than the person for whom |
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| there was probable cause to stop the motor vehicle. Nothing in |
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| this subsection (4) prevents a peace officer who has probable |
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| cause to stop a motor vehicle for an alleged violation of the |
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| Illinois Vehicle Code or a similar provision of a local |
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| ordinance from searching and arresting any person in the motor |
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| vehicle if contraband is found in plain view in the motor |
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| vehicle and there is probable cause to search and arrest that |