Illinois General Assembly - Full Text of SB1021
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Full Text of SB1021  96th General Assembly

SB1021sam001 96TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 3/25/2009

 

 


 

 


 
09600SB1021sam001 LRB096 07082 RLC 24456 a

1
AMENDMENT TO SENATE BILL 1021

2     AMENDMENT NO. ______. Amend Senate Bill 1021 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 108-8 as follows:
 
6     (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)
7     Sec. 108-8. Use of force in execution of search warrant.
8     (a) All necessary and reasonable force may be used to
9 effect an entry into any building or property or part thereof
10 to execute a search warrant.
11     (b) The court issuing a warrant may authorize the officer
12 executing the warrant to make entry without first knocking and
13 announcing his or her office if it finds, based upon a showing
14 of specific facts, the existence of the following exigent
15 circumstances:
16         (1) That the officer reasonably believes that if notice

 

 

09600SB1021sam001 - 2 - LRB096 07082 RLC 24456 a

1     were given a weapon would be used:
2             (i) against the officer executing the search
3         warrant; or
4             (ii) against another person.
5         (2) That if notice were given there is an imminent
6     "danger" that evidence will be destroyed.
7     (c) All necessary and reasonable force may be used to
8 execute a search warrant for the taking of blood, hair, or
9 other materials from a person's body when the subject of the
10 search warrant is resisting execution of the search warrant.
11 (Source: P.A. 92-502, eff. 12-19-01.)".