Bill Text: IL HB2611 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Creates the Protection of All Property from Warrantless Searches Act. Prohibits a government agent from entering a home or private land without a search warrant except: (1) after receiving the permission of the property owner, lessee, or occupant; (2) to respond to a life-threatening emergency or another immediate threat to public safety that was either reported to the government agent or the government agent personally observed; (3) to prevent the imminent unlawful killing of wildlife or the destruction of evidence of such unlawful killing where the government agent has probable cause to believe either is about to occur; (4) to dispatch crippled or distressed wildlife the government agent has personally observed; or (5) to apprehend a fleeing subject that the government agent has probable cause to believe is on the property. Provides that any evidence obtained pursuant to a search and seizure conducted in violation of the Act is inadmissible in any administrative, civil, or criminal proceeding. Provides that any arrest made pursuant to a search or seizure conducted in violation of the Act is invalid. Allows a person who believes the person's rights have been violated under the Act to bring an action for actual damages. Allows a prevailing plaintiff in such an action to recover declaratory relief, injunctive relief, compensatory damages, nominal damages, and attorney's fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2023-03-16 - Added Co-Sponsor Rep. Chris Miller [HB2611 Detail]
Download: Illinois-2023-HB2611-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Protection of All Property from Warrantless Searches Act.
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6 | Section 5. Findings. | |||||||||||||||||||
7 | (a) The people of this State have a right to be free from | |||||||||||||||||||
8 | physical intrusions on their private property. | |||||||||||||||||||
9 | (b) The people of this State have a reasonable expectation | |||||||||||||||||||
10 | of privacy in their homes and property, both real and | |||||||||||||||||||
11 | personal. | |||||||||||||||||||
12 | (c) This State should protect its residents' homes and | |||||||||||||||||||
13 | property, both real and personal, from warrantless and | |||||||||||||||||||
14 | otherwise illegal searches and seizures.
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15 | Section 10. Definitions. As used in this Act: | |||||||||||||||||||
16 | "Government agent" means any local, State, or federal | |||||||||||||||||||
17 | official who is employed or contracted by the government in | |||||||||||||||||||
18 | this State, including any peace officer, inspector, and | |||||||||||||||||||
19 | wildlife official. | |||||||||||||||||||
20 | "Home" means any private residence that is owned, leased, | |||||||||||||||||||
21 | used, or occupied. "Home" includes private land on which the | |||||||||||||||||||
22 | residence is located. |
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1 | "Private land" means land that is owned, leased, used, or | ||||||
2 | occupied by a natural person or nongovernment entity. | ||||||
3 | "Probable cause" means the presence of facts and | ||||||
4 | circumstances within the government agent's knowledge that | ||||||
5 | would warrant a person of reasonable caution to believe that | ||||||
6 | an offense has been or is being committed. "Probable cause" | ||||||
7 | does not include the possession, discharge, or use of one or | ||||||
8 | more items that are legal to possess. | ||||||
9 | "Search warrant" means a warrant that is supported by | ||||||
10 | individualized probable cause and executed by a magistrate or | ||||||
11 | judge.
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12 | Section 15. Conditions for government to enter homes and | ||||||
13 | private land. | ||||||
14 | (a) No government agent shall enter a home or private land | ||||||
15 | without a search warrant except: | ||||||
16 | (1) after receiving the permission of the property | ||||||
17 | owner, lessee, or occupant; | ||||||
18 | (2) to respond to a life-threatening emergency or | ||||||
19 | another immediate threat to public safety that was either | ||||||
20 | reported to the government agent or the government agent | ||||||
21 | personally observed; | ||||||
22 | (3) to prevent the imminent unlawful killing of | ||||||
23 | wildlife or the destruction of evidence of such unlawful | ||||||
24 | killing where the government agent has probable cause to | ||||||
25 | believe either is about to occur; |
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1 | (4) to dispatch crippled or distressed wildlife the | ||||||
2 | government agent has personally observed; or | ||||||
3 | (5) to apprehend a fleeing subject that the government | ||||||
4 | agent has probable cause to believe is on the property. | ||||||
5 | (b) Upon entering private land, the government agent shall | ||||||
6 | immediately notify the landowner, lessee, or occupant if | ||||||
7 | notice can be reasonably made. | ||||||
8 | (c) Unless entering under an exception in subsection (a), | ||||||
9 | a government agent shall show the search warrant to the | ||||||
10 | property owner, lessee, or occupant if property owner, lessee, | ||||||
11 | or occupant is present. | ||||||
12 | (d) If a government agent is equipped with a body-mounted | ||||||
13 | camera while entering a home or private land, the camera must | ||||||
14 | be activated, unobscured, and recording the entire time the | ||||||
15 | government agent is on the property. | ||||||
16 | (e) If a government agent enters private land pursuant to | ||||||
17 | paragraph (4) of subsection (a), the government agent shall, | ||||||
18 | prior to and after dispatching the wildlife, show the wildlife | ||||||
19 | to the landowner, lessee, or occupant if the landowner, | ||||||
20 | lessee, or occupant requests to see the wildlife. | ||||||
21 | (f) A government agent shall not seize any private | ||||||
22 | property, including currency, vehicles, weapons, tools, or | ||||||
23 | wild game, without individualized probable cause of the | ||||||
24 | commission of a criminal offense.
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25 | Section 20. Illegal searches and seizures. |
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1 | (a) Any evidence obtained pursuant to a search or seizure | ||||||
2 | conducted in violation of this Act is inadmissible in any | ||||||
3 | administrative, civil, or criminal proceeding. | ||||||
4 | (b) Any arrest made pursuant to a search or seizure | ||||||
5 | conducted in violation of this Act is invalid. | ||||||
6 | (c) If a government agent searches or enters a home or | ||||||
7 | private land in violation of this Act, a person who believes | ||||||
8 | the person's rights have been violated may pursue an action | ||||||
9 | for actual damages. | ||||||
10 | (d) In an action under subsection (c), a prevailing | ||||||
11 | plaintiff may recover declaratory relief, injunctive relief, | ||||||
12 | compensatory damages, nominal damages, and attorney's fees.
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