98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1008

Introduced 1/24/2013, by Sen. John J. Cullerton

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.

LRB098 05267 MRW 35299 b

A BILL FOR

SB1008

LRB098 05267 MRW 35299 b

1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Code of Criminal Procedure of 1963 is

5 amended by changing Section 108-1 as follows:

6 (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)

7 Sec. 108-1. Search without warrant.

8 (1) When a lawful arrest is effected a peace officer may

9 reasonably searchthe~~the~~person arrested and the area within

10 such person's immediate presence for the purpose of:

11 (a) protecting the officer from attack; or

12 (b) preventing the person from escaping; or

13 (c) discovering the fruits of the crime; or

14 (d) discovering any instruments, articles, or things

15 which may have been used in the commission of, or which may

16 constitute evidence of, an offense.

17 (2) (Blank).

18 (3) A law enforcement officer may not search or inspect a

19 motor vehicle, its contents, the driver, or a passenger solely

20 because of a violation of Section 12-603.1 of the Illinois

21 Vehicle Code.

22 (Source: P.A. 93-99, eff. 7-3-03.)