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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1557
Introduced 2/14/2005, by Rep. Monique D. Davis - Arthur L. Turner - Calvin L. Giles - Lovana Jones - David E. Miller, et al. SYNOPSIS AS INTRODUCED:
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725 ILCS 5/108-1 |
from Ch. 38, par. 108-1 |
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Amends the Code of Criminal Procedure of 1963. Provides that a motor vehicle or the driver or passenger of a motor vehicle stopped on the basis of a violation or suspected violation of the Illinois Vehicle Code may not be subjected to an investigation or procedure involving a drug detecting canine or canine sniff in the absence of specific and articulable facts that support a reasonable belief that illegal drugs are present in the motor vehicle or upon the person of the driver or passenger of the motor vehicle.
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A BILL FOR
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HB1557 |
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LRB094 08452 RXD 38657 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 108-1 as follows:
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| (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
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| Sec. 108-1. Search without warrant.
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| (1) When a lawful arrest is effected a peace officer may |
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| reasonably search
the person arrested and the area
within such |
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| person's immediate presence for the purpose of:
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| (a) protecting the officer from attack; or
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| (b) preventing the person from escaping; or
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| (c) discovering the fruits of the crime; or
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| (d) discovering any instruments, articles, or things |
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| which may have been
used in the commission of, or which may |
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| constitute evidence of, an offense.
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| (2) (Blank).
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| (3) A law enforcement officer may not search or inspect a |
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| motor vehicle,
its contents, the driver, or a passenger solely |
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| because of a violation of
Section 12-603.1 of the Illinois |
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| Vehicle Code. |
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| (4) A motor vehicle or the driver or passenger of a motor |
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| vehicle stopped on the basis of a violation or suspected |
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| violation of the Illinois Vehicle Code may not be subjected to |
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| an investigation or procedure involving a drug detecting canine |
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| or canine sniff in the absence of specific and articulable |
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| facts that support a reasonable belief that illegal drugs are |
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| present in the motor vehicle or upon the person of the driver |
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| or passenger of the motor vehicle.
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| (Source: P.A. 93-99, eff. 7-3-03.)
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