HB2779 102ND GENERAL ASSEMBLY

  
  
 

 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2779
 
Introduced 2/19/2021, by Rep. Justin Slaughter
 
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 law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because the driver or passenger consented to the search. Provides conditions where a law enforcement officer may carry out these inspections.
  


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A BILL FOR
 

  
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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 changing Section 108-1 as follows:
 



6    (725 ILCS 5/108-1)  (from Ch. 38, par. 108-1)



7    Sec. 108-1. Search without warrant. 

8    (1) When a lawful arrest is effected a peace officer may 
9reasonably search
the person arrested and the area
within such 
10person's immediate presence for the purpose of:


11        (a) protecting the officer from attack; or


12        (b) preventing the person from escaping; or


13        (c) discovering the fruits of the crime; or


14        (d) discovering any instruments, articles, or things 
15    which may have been
used in the commission of, or which may 
16    constitute evidence of, an offense.

17    (2) (Blank).

18    (3) A law enforcement officer may not search or inspect a 
19motor vehicle,
its contents, the driver, or a passenger solely 
20because of a violation of
Section 12-603.1 of the Illinois 
21Vehicle Code.
22    (4) A law enforcement officer may not search or inspect a 
23motor vehicle, its contents, the driver, or a passenger solely 
 
 
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1because the driver or passenger consented to the search. A law 
2enforcement officer may only search or inspect a motor 
3vehicle, its contents, the driver, or a passenger:
4        (a) under a warrant for that search issued under this 
5    Article;
6        (b) under the conditions described in subsection (1) 
7    of this Section; or
8        (c) if the law enforcement officer has probable cause 
9    that an offense or ordinance violation has been committed 
10    by the driver or passenger. 

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