Bill Text: IL HB4969 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that all necessary and reasonable force may be used to execute a search warrant for the taking of blood, hair, or other materials from a person's body when the subject of the search warrant is resisting execution of the search warrant.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2010-03-26 - Rule 19(a) / Re-referred to Rules Committee [HB4969 Detail]

Download: Illinois-2009-HB4969-Engrossed.html

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HB4969 Engrossed LRB096 17608 RLC 32965 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 108-8 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) 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 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.
(c) All necessary and reasonable force may be used to

HB4969 Engrossed - 2 - LRB096 17608 RLC 32965 b
execute a search warrant for the taking of blood, hair, or
other materials from a person's body when the subject of the
search warrant is resisting execution of the search warrant.
(Source: P.A. 92-502, eff. 12-19-01.)