HB0655 95TH GENERAL ASSEMBLY 






 

 		











95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0655


 
Introduced 2/6/2007, by Rep. Eddie Washington - Chapin Rose
 
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 motor vehicle, its contents, the driver, or any passenger of a motor vehicle stopped on the basis of a violation or suspected violation of the Illinois Vehicle Code or an inspection may not be subjected to an investigation or procedure involving a trained drug-detection dog or dog sniff unless there are specific and articulable facts that support a law enforcement officer's reasonable, articulable suspicion that illegal drugs are present in the motor vehicle or its contents or upon the person of the driver or any passenger of the motor vehicle.
















LRB095 00174 RLC 20174 b

















 


 


A BILL FOR









 











HB0655

LRB095 00174 RLC 20174 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, its contents, the driver, or any 
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passenger of a motor
vehicle stopped on the basis of a 
 


 






HB0655
- 2 -
LRB095 00174 RLC 20174 b




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violation or suspected violation of the Illinois Vehicle Code 
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or an inspection may not be subjected to an investigation or 
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procedure involving a trained drug-detection dog or dog sniff 
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unless there are specific and articulable facts that support a 
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law enforcement officer's reasonable, articulable suspicion 
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that illegal drugs are present in the motor vehicle or its 
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contents or upon the person of the driver or any passenger of 
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the motor vehicle.

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(Source: P.A. 93-99, eff. 7-3-03.)