Bill Text: IL HB0638 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning a search without a warrant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB0638 Detail]

Download: Illinois-2019-HB0638-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0638 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
725 ILCS 5/108-1 from Ch. 38, par. 108-1
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning a search without a warrant.
LRB101 03636 SLF 48644 b
A BILL FOR
HB0638 LRB101 03636 SLF 48644 b
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 108-1 as follows:
(725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
Sec. 108-1. Search without warrant.
(1) When a lawful arrest is effected a peace officer may
reasonably search the the person arrested and the area within
such person's immediate presence for the purpose of:
(a) protecting the officer from attack; or
(b) preventing the person from escaping; or
(c) discovering the fruits of the crime; or
(d) discovering any instruments, articles, or things
which may have been used in the commission of, or which may
constitute evidence of, an offense.
(2) (Blank).
(3) A law enforcement officer may not search or inspect a
motor vehicle, its contents, the driver, or a passenger solely
because of a violation of Section 12-603.1 of the Illinois
Vehicle Code.
(Source: P.A. 93-99, eff. 7-3-03.)