HB3261 102ND GENERAL ASSEMBLY

  
  
 

 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3261
 
Introduced 2/19/2021, by Rep. Maurice A. West, II
 
SYNOPSIS AS INTRODUCED:
 

 



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

     Amends the Code of Criminal Procedure of 1963.  Defines "no-knock search warrant" or "dynamic entry warrant". Provides that a  peace officer or other public officer or employee shall not seek or execute a no-knock search warrant or dynamic entry warrant and a court shall not issue such a warrant.  Provides that a peace officer or other public officer or employee who violates  this provision is guilty of official misconduct.  Effective immediately.
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
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 108-8 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 
9effect an entry into
any building or property or part thereof 
10to execute a search warrant.

11    (b) In this subsection (b), "no-knock search warrant" or 
12"dynamic entry warrant" means a search warrant authorizing 
13peace officers to enter certain premises without first 
14knocking and announcing their presence or purpose prior to 
15entering the premises. A peace officer or other public officer 
16or employee shall not seek or execute a no-knock search 
17warrant or dynamic entry warrant and a court shall not issue 
18such a warrant.  A peace officer or other public officer or 
19employee who violates  this subsection (b) is guilty of 
20official misconduct under Section 33-3 of the Criminal Code of 
212012. The court issuing a warrant may authorize the officer 
22executing the
warrant to make entry without first knocking and 
23announcing his or her office
if it finds, based upon a showing 
 
 
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1of specific facts, the existence of the
following exigent 
2circumstances:


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


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


7            (ii) against another person.


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

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

 
 
11    Section 99. Effective date. This Act takes effect upon 
12becoming law.