102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3261

 

Introduced 2/19/2021, by Rep. Maurice A. West, II

 

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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
14knocking and announcing their presence or purpose prior to
15entering the premises. A peace officer or other public officer
16or employee shall not seek or execute a no-knock search
17warrant or dynamic entry warrant and a court shall not issue
18such a warrant. A peace officer or other public officer or
19employee who violates this subsection (b) is guilty of
20official misconduct under Section 33-3 of the Criminal Code of
212012. The court issuing a warrant may authorize the officer
22executing the warrant to make entry without first knocking and
23announcing his or her office if it finds, based upon a showing

 

 

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1of specific facts, the existence of the following exigent
2circumstances:
3        (1) That the officer reasonably believes that if
4    notice were given a weapon would be used:
5            (i) against the officer executing the search
6        warrant; or
7            (ii) against another person.
8        (2) That if notice were given there is an imminent
9    "danger" that evidence will be destroyed.
10(Source: P.A. 92-502, eff. 12-19-01.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.