Full Text of HB4083 096th General Assembly
HB4083 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4083
Introduced 2/27/2009, by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/10-8 |
from Ch. 43, par. 190 |
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Amends the Liquor Control Act of 1934. Allows the issuance of a search warrant for premises in use for residence purposes. Effective immediately.
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A BILL FOR
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HB4083 |
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LRB096 08976 ASK 19115 b |
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| AN ACT concerning.
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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 Liquor Control Act of 1934 is amended by | 5 |
| changing Section 10-8 as follows:
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| (235 ILCS 5/10-8) (from Ch. 43, par. 190)
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| Sec. 10-8.
Whenever complaint is made in writing, verified | 8 |
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affidavit, to any judge of the circuit court, that
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| complainant has just and reasonable grounds to believe and does | 10 |
| believe
that alcoholic liquor is manufactured, possessed, kept | 11 |
| for sale, used or
transported, in violation of this Act, or any | 12 |
| mash, still or other property
designed for the manufacture of | 13 |
| alcoholic liquor is possessed in any
premises which are not | 14 |
| licensed hereunder, (particularly describing and
designating | 15 |
| such property in the complaint), the judge may issue a search
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| warrant as hereinafter provided; provided, however, no search | 17 |
| warrant shall
be necessary for the inspection or search of any | 18 |
| premises licensed under
this Act , and provided, further, that | 19 |
| no search warrant shall be issued for
the search of premises in | 20 |
| use for residence purposes . The property seized
on any such | 21 |
| warrant shall not be taken from the officer seizing the same on
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| any order of replevin or other like process.
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| Each complaint shall be substantially in the following |
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HB4083 |
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LRB096 08976 ASK 19115 b |
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| form:
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| State of Illinois,)
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| ) ss.
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| County of Cook. )
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| Complaint for Search Warrant.
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| The complaint and affidavit of .... (name of complainant), | 7 |
| of .... (his
residence), made before .... (name of officer) one | 8 |
| of the .... (official title
of officer), in and for the .... | 9 |
| (county, city or village, as the case may be),
on (insert | 10 |
| date), being first duly sworn,
upon his oath says: That he has | 11 |
| just and reasonable grounds to believe, and
does believe that | 12 |
| alcoholic liquor is now unlawfully (manufactured, possessed,
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| used, disposed of or kept for sale, or any mash, still or other | 14 |
| property
designed for the illegal manufacture of alcoholic | 15 |
| liquor is possessed
therein, as the case may be), to-wit: At | 16 |
| and within a certain .... (here
describe the house, building, | 17 |
| premises, boat, vehicle, receptacle or other
place to be | 18 |
| searched, with particulars as to the location sufficiently to
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| identify it, stating the name of the person occupying the same, | 20 |
| if known),
in the .... (city, village or town of) ...., in the | 21 |
| county and state set out
above; that the following are the | 22 |
| reasons for his or her belief, to-wit
.... (here insert the | 23 |
| facts upon which such belief is based). Wherefore
complainant | 24 |
| prays that a search warrant may issue according to law.
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| ...........................
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| (Signature of complainant.)
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HB4083 |
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LRB096 08976 ASK 19115 b |
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| Subscribed and Sworn to before me on (insert date).
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| ............................
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| (Name of officer.)
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| ............................
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| (Official title of officer.)
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| (Source: P.A. 91-357, eff. 7-29-99.)
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