Illinois 2025-2026 Regular Session

Illinois House Bill HB1611 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1611 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: See Index Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) 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 a 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 the law enforcement officers executing the search. Makes other changes. LRB104 07594 RLC 17638 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1611 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: See Index See Index Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) 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 a 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 the law enforcement officers executing the search. Makes other changes. LRB104 07594 RLC 17638 b LRB104 07594 RLC 17638 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1611 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) 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 a 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 the law enforcement officers executing the search. Makes other changes.
6	6	LRB104 07594 RLC 17638 b LRB104 07594 RLC 17638 b
7	7	LRB104 07594 RLC 17638 b
8	8	A BILL FOR
9	9	HB1611LRB104 07594 RLC 17638 b HB1611 LRB104 07594 RLC 17638 b
10	10	HB1611 LRB104 07594 RLC 17638 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Section 108-8 and by adding Section 108-15
16	16	6 as follows:
17	17	7 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
18	18	8 Sec. 108-8. Use of force in execution of search warrant.
19	19	9 (a) All necessary and reasonable force may be used to
20	20	10 effect an entry into any building or property or part thereof
21	21	11 to execute a search warrant.
22	22	12 (b) The court issuing a warrant may authorize the officer
23	23	13 executing the warrant to make entry without first knocking and
24	24	14 announcing his or her office if it finds, based upon a showing
25	25	15 of specific facts, the existence of the following exigent
26	26	16 circumstances:
27	27	17 (1) That the officer reasonably believes that if
28	28	18 notice were given a weapon would be used:
29	29	19 (i) against the officer executing the search
30	30	20 warrant; or
31	31	21 (ii) against another person.
32	32	22 (2) That if notice were given there is an imminent
33	33	23 "danger" that evidence will be destroyed.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1611 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) 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 a 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 the law enforcement officers executing the search. Makes other changes.
41	41	LRB104 07594 RLC 17638 b LRB104 07594 RLC 17638 b
42	42	LRB104 07594 RLC 17638 b
43	43	A BILL FOR
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48	48
49	49	See Index
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53	53	LRB104 07594 RLC 17638 b
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63	63	HB1611 LRB104 07594 RLC 17638 b
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66	66	HB1611- 2 -LRB104 07594 RLC 17638 b HB1611 - 2 - LRB104 07594 RLC 17638 b
67	67	HB1611 - 2 - LRB104 07594 RLC 17638 b
68	68	1 (c) Prior to the issuing of a warrant under subsection
69	69	2 (b), the officer must attest that:
70	70	3 (1) that prior to entering the location described in
71	71	4 the search warrant, a supervising officer will ensure that
72	72	5 each participating member is assigned a body worn camera
73	73	6 and is following policies and procedures in accordance
74	74	7 with Section 10-20 of the Law Enforcement Officer-Worn
75	75	8 Body Camera Act; provided that the law enforcement agency
76	76	9 has implemented body worn camera in accordance with
77	77	10 Section 10-15 of the Law Enforcement Officer-Worn Body
78	78	11 Camera Act. If a law enforcement agency or each
79	79	12 participating member of a multi-jurisdictional team has
80	80	13 not implemented a body camera in accordance with Section
81	81	14 10-15 of the Law Enforcement Officer-Worn Body Camera Act,
82	82	15 the officer must attest that the interaction authorized by
83	83	16 the warrant is otherwise recorded;
84	84	17 (2) that the The supervising officer verified the
85	85	18 subject address listed on the warrant for accuracy and
86	86	19 planned for children or other vulnerable people on-site;
87	87	20 and
88	88	21 (3) whether the warrant can be effectively executed
89	89	22 during daylight hours. In this paragraph (3), "daylight
90	90	23 hours" means the hours between 9 a.m. and 7 p.m.;
91	91	24 (4) that the request for the warrant is not based upon
92	92	25 information from informants who have provided false
93	93	26 information that has led to negative raids in the past;
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99	99	HB1611 - 2 - LRB104 07594 RLC 17638 b
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102	102	HB1611- 3 -LRB104 07594 RLC 17638 b HB1611 - 3 - LRB104 07594 RLC 17638 b
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104	104	1 and
105	105	2 (5) that (3) if an officer becomes aware the search
106	106	3 warrant was executed at an address, unit, or apartment
107	107	4 different from the location listed on the search warrant,
108	108	5 that member will immediately notify a supervisor who will
109	109	6 ensure an internal investigation or formal inquiry ensues.
110	110	7 (d) A no-knock search warrant shall not be issued when the
111	111	8 only offense alleged is possession of a controlled substance
112	112	9 unless there is probable cause to believe that the controlled
113	113	10 substance is for other than personal use.
114	114	11 (e) When an officer, having a warrant for the search of a
115	115	12 dwelling, executes the search warrant, the officer shall:
116	116	13 (1) execute the warrant between the hours of 9 a.m.
117	117	14 and 7 p.m. unless the judge, for good cause, expressly
118	118	15 authorizes execution at another time;
119	119	16 (2) be readily identifiable as a law enforcement
120	120	17 officer in uniform or wearing a visible law enforcement
121	121	18 badge that clearly identifies the person as a law
122	122	19 enforcement officer;
123	123	20 (3) be a member of a special weapons and tactics team
124	124	21 or special response team, or another established team or
125	125	22 unit trained and tasked with resolving high-risk
126	126	23 situations and incidents, who has received appropriate
127	127	24 training in the execution of arrest and search warrants
128	128	25 authorizing entry without notice. In counties having a
129	129	26 population of less than 90,000, when, after reasonable
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135	135	HB1611 - 3 - LRB104 07594 RLC 17638 b
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138	138	HB1611- 4 -LRB104 07594 RLC 17638 b HB1611 - 4 - LRB104 07594 RLC 17638 b
139	139	HB1611 - 4 - LRB104 07594 RLC 17638 b
140	140	1 inquiry by the law enforcement officer seeking the
141	141	2 warrant, members of the special weapons and tactics team
142	142	3 or special response team are not available to timely
143	143	4 execute the warrant and the court finds by clear and
144	144	5 convincing evidence that the risks to the health and
145	145	6 safety of the persons executing the warrant, the occupants
146	146	7 of the premises, or the public are greater if the warrant
147	147	8 is not timely executed, the court may approve the
148	148	9 execution of the warrant without members of a special
149	149	10 weapons and tactics team;
150	150	11 (4) wear and activate a body-worn camera as required
151	151	12 by this Section when entering a premises for the purpose
152	152	13 of enforcing the law;
153	153	14 (5) have a certified or licensed paramedic or
154	154	15 emergency medical technician in proximity and available to
155	155	16 provide medical assistance, if needed;
156	156	17 (6) be prohibited from pointing firearms at
157	157	18 individuals under 18 years old, unless there is clear and
158	158	19 present danger to the officer or another person; and
159	159	20 (7) knock and announce the officer's presence at a
160	160	21 volume loud enough for the officer to reasonably believe
161	161	22 the occupants inside can hear, allow a minimum of 30
162	162	23 seconds of time before entering given the size of the
163	163	24 dwelling for someone to get to the door, and delay entry if
164	164	25 the officer has reason to believe that someone is
165	165	26 approaching the dwelling's entrance with the intent of
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171	171	HB1611 - 4 - LRB104 07594 RLC 17638 b
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174	174	HB1611- 5 -LRB104 07594 RLC 17638 b HB1611 - 5 - LRB104 07594 RLC 17638 b
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176	176	1 voluntarily allowing the officer to enter the dwelling;
177	177	2 except that this paragraph (7) does not apply if the
178	178	3 circumstances known to the officer at the time provide an
179	179	4 objectively reasonable basis to believe that a no-knock
180	180	5 entry or not waiting a reasonable amount of time is
181	181	6 necessary because of an emergency threatening the life of
182	182	7 or grave injury to a person, provided that the imminent
183	183	8 danger is not created by law enforcement officers
184	184	9 executing the search.
185	185	10 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
186	186	11 (725 ILCS 5/108-15 new)
187	187	12 Sec. 108-15. Peace officers to prepare damage report;
188	188	13 negative raids. After executing a search warrant, including a
189	189	14 no-knock warrant, the peace officer or officers executing the
190	190	15 warrant shall prepare a damage report and make immediate
191	191	16 arrangements to address safety concerns caused by the
192	192	17 execution of the warrant, such as the breaking down of a door,
193	193	18 which leaves a family vulnerable. The data on all search
194	194	19 warrants, including the causes of each negative raid, shall be
195	195	20 publicly reported. In this Section, "negative raid" means an
196	196	21 execution of a search warrant that did not result in obtaining
197	197	22 evidence sought in the warrant, an illicit substance, or the
198	198	23 apprehension of suspects.
199	199	HB1611- 6 -LRB104 07594 RLC 17638 b 1 INDEX 2 Statutes amended in order of appearance HB1611- 6 -LRB104 07594 RLC 17638 b HB1611 - 6 - LRB104 07594 RLC 17638 b 1 INDEX 2 Statutes amended in order of appearance
200	200	HB1611- 6 -LRB104 07594 RLC 17638 b HB1611 - 6 - LRB104 07594 RLC 17638 b
201	201	HB1611 - 6 - LRB104 07594 RLC 17638 b
202	202	1 INDEX
203	203	2 Statutes amended in order of appearance
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209	209	HB1611 - 5 - LRB104 07594 RLC 17638 b
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213	213	HB1611- 6 -LRB104 07594 RLC 17638 b HB1611 - 6 - LRB104 07594 RLC 17638 b
214	214	HB1611 - 6 - LRB104 07594 RLC 17638 b
215	215	1 INDEX
216	216	2 Statutes amended in order of appearance
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222	222	HB1611 - 6 - LRB104 07594 RLC 17638 b