Bill Text: IL HB4083 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Allows the issuance of a search warrant for premises in use for residence purposes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB4083 Detail]

Download: Illinois-2009-HB4083-Introduced.html

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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:
235 ILCS 5/10-8 from Ch. 43, par. 190
Amends the Liquor Control Act of 1934. Allows the issuance of a search warrant for premises in use for residence purposes. Effective immediately.
LRB096 08976 ASK 19115 b
A BILL FOR
HB4083 LRB096 08976 ASK 19115 b
AN ACT concerning.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 10-8 as follows:
(235 ILCS 5/10-8) (from Ch. 43, par. 190)
Sec. 10-8. Whenever complaint is made in writing, verified
by affidavit, to any judge of the circuit court, that
complainant has just and reasonable grounds to believe and does
believe that alcoholic liquor is manufactured, possessed, kept
for sale, used or transported, in violation of this Act, or any
mash, still or other property designed for the manufacture of
alcoholic liquor is possessed in any premises which are not
licensed hereunder, (particularly describing and designating
such property in the complaint), the judge may issue a search
warrant as hereinafter provided; provided, however, no search
warrant shall be necessary for the inspection or search of any
premises licensed under this Act, and provided, further, that
no search warrant shall be issued for the search of premises in
use for residence purposes. The property seized on any such
warrant shall not be taken from the officer seizing the same on
any order of replevin or other like process.
Each complaint shall be substantially in the following

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form:
State of Illinois,)
) ss.
County of Cook. )
Complaint for Search Warrant.
The complaint and affidavit of .... (name of complainant),
of .... (his residence), made before .... (name of officer) one
of the .... (official title of officer), in and for the ....
(county, city or village, as the case may be), on (insert
date), being first duly sworn, upon his oath says: That he has
just and reasonable grounds to believe, and does believe that
alcoholic liquor is now unlawfully (manufactured, possessed,
used, disposed of or kept for sale, or any mash, still or other
property designed for the illegal manufacture of alcoholic
liquor is possessed therein, as the case may be), to-wit: At
and within a certain .... (here describe the house, building,
premises, boat, vehicle, receptacle or other place to be
searched, with particulars as to the location sufficiently to
identify it, stating the name of the person occupying the same,
if known), in the .... (city, village or town of) ...., in the
county and state set out above; that the following are the
reasons for his or her belief, to-wit .... (here insert the
facts upon which such belief is based). Wherefore complainant
prays that a search warrant may issue according to law.
...........................
(Signature of complainant.)

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Subscribed and Sworn to before me on (insert date).
............................
(Name of officer.)
............................
(Official title of officer.)
(Source: P.A. 91-357, eff. 7-29-99.)