Sen. Michael Noland
Filed: 3/25/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1021




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    AMENDMENT NO. ______. Amend Senate Bill 1021 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by changing Section 108-8 as follows:
 



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    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)



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    Sec. 108-8. Use of force in execution of search warrant. 

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    (a) All necessary and reasonable force may be used to 
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effect an entry into
any building or property or part thereof 
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to execute a search warrant.

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    (b) The court issuing a warrant may authorize the officer 
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executing the
warrant to make entry without first knocking and 
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announcing his or her office
if it finds, based upon a showing 
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of specific facts, the existence of the
following exigent 
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circumstances:


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        (1) That the officer reasonably believes that if notice 
 


 






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    were given a
weapon would be used:


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            (i) against the officer executing the search 
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        warrant; or


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            (ii) against another person.


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        (2) That if notice were given there is an imminent 
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    "danger" that evidence
will be destroyed.

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    (c)  All necessary and reasonable force may be used to 
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execute a search warrant for the taking of blood, hair, or 
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other materials from a person's body when the subject of the 
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search warrant is resisting execution of the search warrant. 
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(Source: P.A. 92-502, eff. 12-19-01.)".