Bill Text: IL HB3261 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3261 Detail]

Download: Illinois-2021-HB3261-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3261 Introduced , 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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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 108-8 as follows:
(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to
effect an entry into any building or property or part thereof
to execute a search warrant.
(b) In this subsection (b), "no-knock search warrant" or
"dynamic entry warrant" means a search warrant authorizing
peace officers to enter certain premises without first
knocking and announcing their presence or purpose prior to
entering the premises. 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. A peace officer or other public officer or
employee who violates this subsection (b) is guilty of
official misconduct under Section 33-3 of the Criminal Code of
2012. The court issuing a warrant may authorize the officer
executing the warrant to make entry without first knocking and
announcing his or her office if it finds, based upon a showing

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of specific facts, the existence of the following exigent
circumstances:
(1) That the officer reasonably believes that if
notice were given a weapon would be used:
(i) against the officer executing the search
warrant; or
(ii) against another person.
(2) That if notice were given there is an imminent
"danger" that evidence will be destroyed.
(Source: P.A. 92-502, eff. 12-19-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.