99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5599
 
Introduced , by Rep. Monique D. Davis
 
SYNOPSIS AS INTRODUCED:
 

 



725 ILCS 5/108-1  from Ch. 38, par. 108-1

     Amends the  Code of Criminal Procedure of 1963.  Provides that a law enforcement officer without probable cause may not: (1)  conduct a roadside check of a motor vehicle; (2) randomly search or inspect a motor vehicle,
its contents, the driver, or a passenger for contraband or for a violation of the Illinois Vehicle Code or a  provision of a local ordinance; or (3) impound a motor vehicle.  Provides that any item seized in violation of this provision is inadmissible as evidence in any criminal or civil trial or hearing and any arrest or citation issued in violation of this provision is invalid.
  


LRB099 19899 RLC 44298 b

 
 
A BILL FOR
 

  
HB5599LRB099 19899 RLC 44298 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 108-1 as follows:
 



6    (725 ILCS 5/108-1)  (from Ch. 38, par. 108-1)



7    Sec. 108-1. Search without warrant. 

8    (1) When a lawful arrest is effected a peace officer may 
9reasonably search
the person arrested and the area
within such 
10person's immediate presence for the purpose of:


11        (a) protecting the officer from attack; or


12        (b) preventing the person from escaping; or


13        (c) discovering the fruits of the crime; or


14        (d) discovering any instruments, articles, or things 
15    which may have been
used in the commission of, or which may 
16    constitute evidence of, an offense.

17    (2) (Blank).

18    (3) A law enforcement officer may not search or inspect a 
19motor vehicle,
its contents, the driver, or a passenger solely 
20because of a violation of
Section 12-603.1 of the Illinois 
21Vehicle Code.

22    (4) A law enforcement officer without probable cause may 
23not:
 
 
HB5599- 2 -LRB099 19899 RLC 44298 b

1        (a)  conduct a roadside check of a motor vehicle;
2        (b) randomly search or inspect a motor vehicle,
its 
3    contents, the driver, or a passenger for contraband or for 
4    a violation of the Illinois Vehicle Code or a  provision of 
5    a local ordinance; or
6        (c) impound a motor vehicle.
7    Any item seized in violation of this subsection (4) is 
8inadmissible as evidence in any criminal or civil trial or 
9hearing and any arrest or citation issued in violation of this 
10subsection (4) is invalid. 
11(Source: P.A. 93-99, eff. 7-3-03.)