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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1326
Introduced 2/10/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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725 ILCS 5/108-1 |
from Ch. 38, par. 108-1 |
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Amends the Code of Criminal Procedure of 1963. Makes a technical change in a
Section concerning a search without a warrant.
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A BILL FOR
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SB1326 |
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LRB096 09471 RLC 19628 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 108-1 as follows:
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| (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
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| Sec. 108-1. Search without warrant.
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| (1) When a lawful arrest is effected a peace officer may |
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| reasonably search
the
the person arrested and the area
within |
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| such person's immediate presence for the purpose of:
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| (a) protecting the officer from attack; or
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| (b) preventing the person from escaping; or
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| (c) discovering the fruits of the crime; or
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| (d) discovering any instruments, articles, or things |
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| which may have been
used in the commission of, or which may |
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| constitute evidence of, an offense.
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| (2) (Blank).
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| (3) A law enforcement officer may not search or inspect a |
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| motor vehicle,
its contents, the driver, or a passenger solely |
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| because of a violation of
Section 12-603.1 of the Illinois |
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| Vehicle Code.
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| (Source: P.A. 93-99, eff. 7-3-03.)
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