Illinois General Assembly - Full Text of HB5567
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Full Text of HB5567  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Lamont J. Robinson, Jr.


725 ILCS 5/108-15 new

    Amends the Code of Criminal Procedure of 1963. Creates the Anjanette Young Law. Prohibits no-knock search warrants. Provides requirements for the issuance and execution of search warrants, including, but not limited to, the use of informants, the conduct of police officers, video and audio recording, the treatment of children, property damage, and securing searched premises. Provides that these provisions control over other laws relating to search warrants. Defines terms.

LRB102 24815 RLC 34060 b





HB5567LRB102 24815 RLC 34060 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 adding Section 108-15 as follows:
6    (725 ILCS 5/108-15 new)
7    Sec. 108-15. Search warrants. This Section may be known as
8the Anjanette Young Law. Notwithstanding any provision of law
9to the contrary:
10    (a) No police officer shall execute a no-knock warrant and
11no police officer shall seek from any court a warrant
12authorizing an officer to execute the warrant to make entry
13into a residence without first knocking, announcing his or her
14office, and giving the occupants a reasonable amount of time,
15no less than 30 seconds, to respond.
16    (b) When conducting any law enforcement activity,
17including, but not limited to, the execution of residential
18warrants, police officers are required to use tactics that are
19the least intrusive to people's home, property and person and
20least harmful to people's physical and emotional health. When
21developing and executing tactics, law enforcement agencies
22must implement measures to protect individuals' dignity
23interests, privacy interests and property interests and must



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1take measures required to protect people from physical and
2emotional harm. Every planned execution of a residential
3warrant must contain a detailed explanation regarding how the
4planned action meets this least intrusive, least harmful
5standard, including a plan for children and other vulnerable
6people, including people with disabilities, who may be
7on-site. The head of the law enforcement agency must approve
8each plan prior to the execution of the warrant.
9    (c) Each law enforcement agency shall record and publish
10data about each residential warrant executed by the agency,
11including the: location of the warrant, the force used during
12the warrant's execution; any allegations of police misconduct
13or excessive force during the execution of the warrant,
14including the names, badge numbers, and units of assignment of
15the accused officers; the race, gender, and age of each
16individual present inside the residence during the execution
17of the warrant; the use of handcuffs or any other type of
18restraint during the execution of the warrant; the presence of
19any children during the execution of the warrant; the recovery
20of any contraband; any arrests; and whether the warrant was a
21negative warrant. After every negative warrant, the law
22enforcement agency shall provide the public with a written
23explanation describing the causes of the negative raid.
24    (d) No police officer shall seek a warrant relying solely
25on an informant's representation, but instead must supplement
26with independent investigation and reasonable surveillance to



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1corroborate the information and ascertain that the target of
2the warrant is present at the location of the warrant's
3execution. The member seeking application for a search warrant
4must describe in the application what they did to corroborate
5the informant's representations and the results of their
6independent investigation, including any observations that
7tended to corroborate or contradict the informant's
9    (e) The credibility of informants must be assessed. If an
10informant has given information that led to a negative warrant
11in the past, a law enforcement agency must not rely on that
12information when seeking judicial authorization for a search
14    (f) No police officer shall seek a search warrant without
15first receiving supervisory approval. The officer's supervisor
16shall ensure that the officer relying upon information from an
17informant has undergone adequate independent surveillance to
18corroborate the information provided by the informant with at
19least one additional non-informant source, prior to seeking
20judicial authorization for a search warrant.
21    (g) Search warrants must be executed in a manner to ensure
22that people inside a residence may be searched only by
23officers of their preferred gender identity. The law
24enforcement agency shall ensure that there is at least one
25member who does not identify as male (including at least one
26woman) present from the time of initial entry during the



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1execution of each residential search warrant. All police
2officers executing a warrant must be dressed in their official
3law enforcement agency uniforms.
4    (h) No planned law enforcement action, including, but not
5limited to, the execution of warrants can occur unless police
6officers have taken all available measures to avoid executing
7the warrant when children are present.
8    (i) The execution of all residential search warrants must
9be conducted between 9:00 am and 7:00 pm, absent verifiable
10exigent circumstances.
11    (j) If children are present during a planned law
12enforcement action, police officers must call dispatch and
13inform operators about the presence of children.
14    (k) During the execution of a warrant, police officers are
15prohibited from pointing firearms at, handcuffing, or
16otherwise restraining children.
17    (l) During the execution of a warrant, police officers are
18prohibited from pointing firearms at, handcuffing, or
19otherwise restraining parents, relatives, or caregivers of
20children while in the presence of children.
21    (m) During the execution of a warrant, police officers are
22prohibited from pointing firearms at any person unless the
23person presents an imminent risk of death or serious bodily
24injury to another person.
25    (n) During the execution of a warrant, police officers are
26prohibited from interrogating or questioning children, barring



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1exceptional circumstances when limited questions are necessary
2to protect people in the home from an immediate threat of
3physical harm.
4    (n) During the execution of a warrant, police officers
5must take all available measures to avoid any damage or
6destruction to property or possessions of the place of the
7warrant's execution.
8    (o) Police officers who execute a residential warrant must
9prepare a damage report before leaving the home, which
10documents all property that the officers damaged. Police
11officers must secure the home before leaving, and make
12immediate arrangements to repair any damage that poses a
13threat to the safety of the residents, including but not
14limited to doors, windows, and appliances and to ensure that
15any such threats to the safety of the residents are remedied
16within 4 hours of the officers concluding the execution of the
17warrant. In addition, officers must work with the residents to
18make arrangements for the prompt repair or replacement of any
19other damaged property, or to reimburse residents for the
21    (p) Each police officer who executes a warrant must wear
22and activate his or her body camera during the entire
23execution of the warrant.
24    (q) All law enforcement agencies shall permanently retain
25all video and audio recordings of the execution of residential
26each search warrant. Upon receipt of a request from any person



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1whose residence or person is depicted in video or audio
2recordings in the custody or control of the law enforcement
3agency, or the representative of such a person, relating to an
4encounter with police officers of that law enforcement agency,
5the law enforcement agency must provide to that person
6unredacted copies of all video and audio recordings within 2
8    (r) For every warrant execution, the head of the law
9enforcement agency or his or her designee will review all
10relevant evidence, including, but not limited to, video
11footage, warrant applications, and incident reports to ensure
12compliance with this Section. If the head of the law
13enforcement agency or his or her designee has a reasonable
14suspicion that any police officer of the law enforcement
15agency violated any provision of this Section, the head of the
16law enforcement agency will immediately strip that officer of
17his or her police powers and refer the officer for further
18disciplinary proceedings, up to and including termination.
19    (s) No affidavit, sworn testimony, or statement shall be
20required to initiate an investigation into an allegation of
21misconduct against any police officer for conduct during the
22execution of a warrant.
23    (t) Construction. Where the provisions of this Section
24conflict with any other provision of law, including, but not
25limited to, this Article, this Section shall control.
26    (u) Definitions. As used in this Section:



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1        "Children" includes anyone who appears to be 16 years
2    of age or younger.
3        "Negative warrant" means a search warrant which did
4    not result in the arrest of the target of the warrant or
5    recovery of contraband or evidence identified in the
6    warrant.
7        "No-knock warrant" means a search warrant to be
8    executed by making entry without the serving officer first
9    knocking and announcing his or her office.