Illinois General Assembly - Full Text of HB2779
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Full Text of HB2779  102nd General Assembly

HB2779 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2779

 

Introduced 2/19/2021, by Rep. Justin Slaughter

 

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 may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because the driver or passenger consented to the search. Provides conditions where a law enforcement officer may carry out these inspections.


LRB102 16824 KMF 22228 b

 

 

A BILL FOR

 

HB2779LRB102 16824 KMF 22228 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 may not search or inspect a
23motor vehicle, its contents, the driver, or a passenger solely

 

 

HB2779- 2 -LRB102 16824 KMF 22228 b

1because the driver or passenger consented to the search. A law
2enforcement officer may only search or inspect a motor
3vehicle, its contents, the driver, or a passenger:
4        (a) under a warrant for that search issued under this
5    Article;
6        (b) under the conditions described in subsection (1)
7    of this Section; or
8        (c) if the law enforcement officer has probable cause
9    that an offense or ordinance violation has been committed
10    by the driver or passenger.
11(Source: P.A. 93-99, eff. 7-3-03.)