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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3261 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
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725 ILCS 5/108-8 | from Ch. 38, par. 108-8 |
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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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| | HB3261 | | LRB102 12046 KMF 17382 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 108-8 as follows:
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| 6 | | (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
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| 7 | | Sec. 108-8. Use of force in execution of search warrant.
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| 8 | | (a) All necessary and reasonable force may be used to |
| 9 | | effect an entry into
any building or property or part thereof |
| 10 | | to execute a search warrant.
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| 11 | | (b) In this subsection (b), "no-knock search warrant" or |
| 12 | | "dynamic entry warrant" means a search warrant authorizing |
| 13 | | peace officers to enter certain premises without first |
| 14 | | knocking and announcing their presence or purpose prior to |
| 15 | | entering the premises. A peace officer or other public officer |
| 16 | | or employee shall not seek or execute a no-knock search |
| 17 | | warrant or dynamic entry warrant and a court shall not issue |
| 18 | | such a warrant. A peace officer or other public officer or |
| 19 | | employee who violates this subsection (b) is guilty of |
| 20 | | official misconduct under Section 33-3 of the Criminal Code of |
| 21 | | 2012. The court issuing a warrant may authorize the officer |
| 22 | | executing the
warrant to make entry without first knocking and |
| 23 | | announcing his or her office
if it finds, based upon a showing |