Bill Text: IL HB5807 | 2019-2020 | 101st 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 2-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5807 Detail]

Download: Illinois-2019-HB5807-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5807 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.
LRB101 21693 RLC 72637 b
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 of specific facts, the

HB5807 - 2 - LRB101 21693 RLC 72637 b
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.