SB1021sam001 96TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 3/25/2009

09600SB1021sam001 LRB096 07082 RLC 24456 a

AMENDMENT TO SENATE BILL 1021

AMENDMENT NO. ______. Amend Senate Bill 1021 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 108-8 as follows:

(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)

Sec. 108-8. Use of force in execution of search warrant.

(a) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant.

(b) The court issuing a warrant may authorize the officer executing the warrant to make entry without first knocking and announcing his or her office if it finds, based upon a showing of specific facts, the existence of the following exigent circumstances:

(1) That the officer reasonably believes that if notice were given a weapon would be used:

(i) against the officer executing the search warrant; or

(ii) against another person.

(2) That if notice were given there is an imminent "danger" that evidence will be destroyed.

(c) All necessary and reasonable force may be used to execute a search warrant for the taking of blood, hair, or other materials from a person's body when the subject of the search warrant is resisting execution of the search warrant.

(Source: P.A. 92-502, eff. 12-19-01.)".