Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

 ILCS Listing   Public Acts  Search   Guide   Disclaimer

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

20 ILCS 301/45-5

    (20 ILCS 301/45-5)
    Sec. 45-5. Inspections.
    (a) Employees of the Department are authorized to enter, at reasonable times and upon presentation of credentials, the premises on which any licensed or funded activity is conducted, including off-site services, in order to inspect all pertinent property, records, personnel and business data that relate to such activity.
    (b) When authorized by an administrative inspection warrant issued pursuant to this Act, any officer or employee may execute the inspection warrant according to its terms. Entries, inspections and seizures of property may be made without a warrant:
        (1) If the person in charge of the premises consents.
        (2) In situations presenting imminent danger to
health or safety.
        (3) In situations involving inspections of
conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant.
        (4) In any other exceptional or emergency
circumstances where time or opportunity to apply for a warrant is lacking.
    (c) Issuance and execution of administrative inspection warrants shall be as follows.
        (1) A judge of the circuit court, upon proper oath or
affirmation showing probable cause, may issue administrative inspection warrants for the purpose of conducting inspections and seizing property. Probable cause exists upon showing a valid public interest in the effective enforcement of this Act or regulations promulgated hereunder, sufficient to justify inspection or seizure of property.
        (2) An inspection warrant shall be issued only upon
an affidavit of a person having knowledge of the facts alleged, sworn to before the circuit judge and established as grounds for issuance of a warrant. If the circuit judge is satisfied that probable cause exists, he shall issue an inspection warrant identifying the premises to be inspected, the property, if any, to be seized, and the purpose of the inspection or seizure.
        (3) The inspection warrant shall state the grounds
for its issuance, the names of persons whose affidavits have been taken in support thereof and any items or types of property to be seized.
        (4) The inspection warrant shall be directed to a
person authorized by the Secretary to execute it, shall command the person to inspect or seize the property, direct that it be served at any time of day or night, and designate a circuit judge to whom it shall be returned.
        (5) The inspection warrant must be executed and
returned within 10 days of the date of issuance unless the court orders otherwise.
        (6) If property is seized, an inventory shall be
made. A copy of the inventory of the seized property shall be given to the person from whom the property was taken, or if no person is available to receive the inventory, it shall be left at the premises.
        (7) No warrant shall be quashed nor evidence
suppressed because of technical irregularities not affecting the substantive rights of the persons affected. The Department shall have exclusive jurisdiction for the enforcement of this Act and for violations thereof.
(Source: P.A. 100-759, eff. 1-1-19.)