96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4083


 
Introduced 2/27/2009, by Rep. Kathleen A. Ryg
 
SYNOPSIS AS INTRODUCED:
 		














235 ILCS 5/10-8
  from Ch. 43, par. 190







    Amends the Liquor Control Act of 1934. Allows the issuance of a search warrant for premises in use for residence purposes. Effective immediately.
















LRB096 08976 ASK 19115 b

















 


 


A BILL FOR









 











HB4083

LRB096 08976 ASK 19115 b






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    AN ACT concerning.

 
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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 Liquor Control Act of 1934 is amended  by 
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changing Section 10-8 as follows:
 



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    (235 ILCS 5/10-8)  (from Ch. 43, par. 190)



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    Sec. 10-8. 
Whenever complaint is made in writing, verified 
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by
affidavit, to any judge of the circuit court, that

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complainant has just and reasonable grounds to believe and does 
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believe
that alcoholic liquor is manufactured, possessed, kept 
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for sale, used or
transported, in violation of this Act, or any 
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mash, still or other property
designed for the manufacture of 
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alcoholic liquor is possessed in any
premises which are not 
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licensed hereunder, (particularly describing and
designating 
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such property in the complaint), the judge may issue a search

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warrant as hereinafter provided; provided, however, no search 
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warrant shall
be necessary for the inspection or search of any 
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premises licensed under
this Act, and provided, further, that 
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no search warrant shall be issued for
the search of premises in 
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use for residence purposes.  The property seized
on any such 
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warrant shall not be taken from the officer seizing the same on

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any order of replevin or other like process.

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    Each complaint shall be substantially in the following 
 


 






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form:

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State of Illinois,)

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                  ) ss.

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County of Cook.   )

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Complaint for Search Warrant.


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    The complaint and affidavit of .... (name of complainant), 
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of .... (his
residence), made before .... (name of officer) one 
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of the .... (official title
of officer), in and for the .... 
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(county, city or village, as the case may be),
on (insert 
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date), being first duly sworn,
upon his oath says: That he has 
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just and reasonable grounds to believe, and
does believe that 
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alcoholic liquor is now unlawfully (manufactured, possessed,

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used, disposed of or kept for sale, or any mash, still or other 
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property
designed for the illegal manufacture of alcoholic 
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liquor is possessed
therein, as the case may be), to-wit:  At 
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and within a certain .... (here
describe the house, building, 
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premises, boat, vehicle, receptacle or other
place to be 
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searched, with particulars as to the location sufficiently to

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identify it, stating the name of the person occupying the same, 
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if known),
in the .... (city, village or town of) ...., in the 
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county and state set out
above; that the following are the 
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reasons for his or her belief, to-wit
.... (here insert the 
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facts upon which such belief is based).  Wherefore
complainant 
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prays that a search warrant may issue according to law.

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...........................


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(Signature of complainant.)


 


 






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    Subscribed and Sworn to before me on (insert date).

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............................


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(Name of officer.)


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............................


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(Official title of officer.)


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(Source: P.A. 91-357, eff. 7-29-99.)