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HB1611 - 104th General Assembly
CRIM PRO-WARRANT REQUIREMENTS
House Sponsors
Rep. Kam Buckner - Kelly M. Cassidy - Michael Crawford - Curtis J. Tarver, II, Will Guzzardi, Lindsey LaPointe, Anna Moeller, Theresa Mah, Mary Beth Canty, Kimberly Du Buclet, Anne Stava, Ann M. Williams, Diane Blair-Sherlock, Michelle Mussman, Maura Hirschauer, Joyce Mason, Lilian Jiménez, Lisa Davis, Laura Faver Dias, Nicolle Grasse, La Shawn K. Ford, Emanuel "Chris" Welch, Nicholas K. Smith, Kevin John Olickal, Barbara Hernandez, Abdelnasser Rashid, Norma Hernandez, Maurice A. West, II, Thaddeus Jones, Justin Slaughter, Sonya M. Harper, Yolonda Morris and Rita Mayfield
Statutes Amended In Order of Appearance
725 ILCS 5/108-8from Ch. 38, par. 108-8
725 ILCS 5/108-15 new
Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this provision does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by the law enforcement officers executing the search. Makes other changes.
House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with these changes. Provides that the Act may be referred to as the Anjanette Young Act. Provides that no court shall issue a search warrant that permits police officers to enter a residence without first knocking and announcing their office. Provides that police officers may enter a residence without first knocking and announcing their office in exigent circumstances when entry without notice is necessary to prevent physical injury to police officers or others. Provides that during the execution of a residential warrant, police officers are prohibited from handcuffing or restraining any child, unless the child presents an immediate threat of physical harm to oneself or another person. Provides that during the execution of a residential warrant, police officers are prohibited from handcuffing or restraining parents, relatives, or caregivers of children while in the presence of children, unless the person presents an immediate threat of physical harm to oneself or another person. Provides that as soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person shall be promptly released. Provides that the officer shall knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this provision does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that immediate entry (instead of no-knock entry or not waiting a reasonable amount of time) is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement officers executing the search. Provides that residential search warrants shall be prohibited unless they involve violent felonies as defined by 18 U.S.C. 16; the illegal manufacture, distribution, or sale of narcotics, firearms, or munitions; property crimes over $1,000; or when necessary to protect a person from a threat of physical harm. Provides that law enforcement agencies shall provide copies of body-worn camera footage of the raid to the owners of the residence and the people present within 10 days of their request for such footage. Makes other changes to the bill.
Actions
| Date | Chamber | Action |
|---|---|---|
| 01/23/2025 | House | Filed with the Clerk by Rep. Kam Buckner |
| 01/28/2025 | House | First Reading |
| 01/28/2025 | House | Referred to Rules Committee |
| 01/29/2025 | House | Added Chief Co-Sponsor Rep. Kelly M. Cassidy |
| 02/18/2025 | House | Assigned to Judiciary - Criminal Committee |
| 02/25/2025 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Kam Buckner |
| 02/25/2025 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 02/26/2025 | House | House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee |
| 03/18/2025 | House | Added Co-Sponsor Rep. Will Guzzardi |
| 03/18/2025 | House | Added Co-Sponsor Rep. Lindsey LaPointe |
| 03/18/2025 | House | Added Co-Sponsor Rep. Anna Moeller |
| 03/18/2025 | House | Added Co-Sponsor Rep. Theresa Mah |
| 03/18/2025 | House | Added Co-Sponsor Rep. Mary Beth Canty |
| 03/18/2025 | House | Added Co-Sponsor Rep. Kimberly Du Buclet |
| 03/18/2025 | House | Added Co-Sponsor Rep. Anne Stava |
| 03/18/2025 | House | Added Co-Sponsor Rep. Ann M. Williams |
| 03/18/2025 | House | Added Co-Sponsor Rep. Diane Blair-Sherlock |
| 03/18/2025 | House | Added Co-Sponsor Rep. Michelle Mussman |
| 03/18/2025 | House | Added Co-Sponsor Rep. Maura Hirschauer |
| 03/18/2025 | House | Added Co-Sponsor Rep. Joyce Mason |
| 03/18/2025 | House | Added Co-Sponsor Rep. Lilian Jiménez |
| 03/18/2025 | House | Added Co-Sponsor Rep. Lisa Davis |
| 03/18/2025 | House | Added Co-Sponsor Rep. Laura Faver Dias |
| 03/18/2025 | House | Added Co-Sponsor Rep. Nicolle Grasse |
| 03/18/2025 | House | Added Co-Sponsor Rep. La Shawn K. Ford |
| 03/18/2025 | House | House Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote |
| 03/18/2025 | House | Do Pass as Amended / Short Debate Judiciary - Criminal Committee; 008-005-000 |
| 03/19/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 03/19/2025 | House | Added Chief Co-Sponsor Rep. Michael Crawford |
| 03/24/2025 | House | Added Co-Sponsor Rep. Emanuel "Chris" Welch |
| 03/24/2025 | House | Added Chief Co-Sponsor Rep. Curtis J. Tarver, II |
| 03/24/2025 | House | Chief Co-Sponsor Changed to Rep. Curtis J. Tarver, II |
| 03/26/2025 | House | Second Reading - Short Debate |
| 03/26/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 04/03/2025 | House | Added Co-Sponsor Rep. Nicholas K. Smith |
| 04/03/2025 | House | Added Co-Sponsor Rep. Kevin John Olickal |
| 04/04/2025 | House | Added Co-Sponsor Rep. Barbara Hernandez |
| 04/10/2025 | House | Added Co-Sponsor Rep. Abdelnasser Rashid |
| 04/10/2025 | House | Added Co-Sponsor Rep. Norma Hernandez |
| 04/10/2025 | House | Added Co-Sponsor Rep. Maurice A. West, II |
| 04/10/2025 | House | Added Co-Sponsor Rep. Thaddeus Jones |
| 04/10/2025 | House | Added Co-Sponsor Rep. Justin Slaughter |
| 04/10/2025 | House | Added Co-Sponsor Rep. Sonya M. Harper |
| 04/10/2025 | House | Added Co-Sponsor Rep. Yolonda Morris |
| 04/11/2025 | House | Rule 19(a) / Re-referred to Rules Committee |
| 04/24/2025 | House | Added Co-Sponsor Rep. Rita Mayfield |