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IL HB1611

IL HB1611
CRIM PRO-WARRANT REQUIREMENTS


summary

Introduced
01/23/2025
In Committee
04/11/2025
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
104th General Assembly

Bill Summary

Reinserts the provisions of the introduced bill with these changes. Provides that the Act may be referred to as the Anjanette Young Act. Provides that no court shall issue a search warrant that permits police officers to enter a residence without first knocking and announcing their office. Provides that police officers may enter a residence without first knocking and announcing their office in exigent circumstances when entry without notice is necessary to prevent physical injury to police officers or others. Provides that during the execution of a residential warrant, police officers are prohibited from handcuffing or restraining any child, unless the child presents an immediate threat of physical harm to oneself or another person. Provides that during the execution of a residential warrant, police officers are prohibited from handcuffing or restraining parents, relatives, or caregivers of children while in the presence of children, unless the person presents an immediate threat of physical harm to oneself or another person. Provides that as soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person shall be promptly released. Provides that the officer shall knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this provision does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that immediate entry (instead of no-knock entry or not waiting a reasonable amount of time) is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement officers executing the search. Provides that residential search warrants shall be prohibited unless they involve violent felonies as defined by 18 U.S.C. 16; the illegal manufacture, distribution, or sale of narcotics, firearms, or munitions; property crimes over $1,000; or when necessary to protect a person from a threat of physical harm. Provides that law enforcement agencies shall provide copies of body-worn camera footage of the raid to the owners of the residence and the people present within 10 days of their request for such footage. Makes other changes to the bill.

AI Summary

This bill amends the Illinois Code of Criminal Procedure to significantly reform search warrant execution procedures, particularly for no-knock warrants involving controlled substances. The bill introduces strict new requirements for law enforcement when executing search warrants, including: limiting no-knock warrants for drug possession cases, requiring warrants to be executed between 9 a.m. and 7 p.m. (unless specifically authorized otherwise), mandating that officers be in uniform or clearly identifiable, ensuring officers are part of specialized teams trained in high-risk warrant execution, requiring body-worn camera activation, having medical personnel nearby, prohibiting firearm pointing at individuals under 18 unless there's imminent danger, and implementing a detailed knock-and-announce protocol with a minimum 30-second wait time before entry. The bill also requires officers to prepare a damage report after executing warrants and publicly report data on "negative raids" (searches that fail to obtain evidence or apprehend suspects), with the goal of increasing transparency and accountability in law enforcement search practices. These provisions aim to reduce potential harm and improve safety during search warrant executions, particularly in situations involving controlled substances.

Committee Categories

Justice

Sponsors (33)

Last Action

Placed on Calendar 2nd Reading - Short Debate (on 03/12/2026)

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