093_HB1465

 
                                     LRB093 04934 RLC 04993 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.  The  Code  of  Criminal Procedure of 1963 is
 5    amended by adding Section 108-1.5 as follows:

 6        (725 ILCS 5/108-1.5 new)
 7        Sec. 108-1.5. Consent search of motor vehicle.
 8        (a)  A peace officer may request a consent  to  search  a
 9    motor  vehicle  or  a  person  in a motor vehicle only if the
10    officer can articulate a reasonable suspicion that  a  search
11    would reveal evidence of a crime.
12        (b)  Every  consent search of a vehicle shall be based on
13    written consent of the driver or other person  authorized  to
14    give consent which precedes the search.
15        (c)  The  scope of the consent search shall be limited to
16    the scope of the consent that is given by the driver or other
17    person authorized to give consent.
18        (d)  The  driver  or  other  person  authorized  to  give
19    consent has the right to be present during a  consent  search
20    at  a  location  consistent with the safety of both the peace
21    officer and the motor vehicle occupants. This  right  can  be
22    waived  only  after  the driver or other person authorized to
23    give consent is advised of that right.
24        (e)  The  driver  or  other  person  authorized  to  give
25    consent who has granted written consent may  orally  withdraw
26    that  consent  at any time during the search without giving a
27    reason.
28        (f)  A peace officer  must  immediately  stop  a  consent
29    search  of a vehicle if and when consent is withdrawn (except
30    that  a  search   may   continue   if   permitted   on   some
31    non-consensual basis).