CRIM PRO-WARRANT REQUIREMENTS

Illinois General Assembly - Full Text of HB1611

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1611

Introduced 1/28/2025, 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

HB1611
LRB104 07594 RLC 17638 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 108-8 and by adding Section 108-15
6
as follows:

7

(725 ILCS 5/108-8)

(from Ch. 38, par. 108-8)
8

Sec. 108-8.
Use of force in execution of search warrant.
9

(a) All necessary and reasonable force may be used to
10
effect an entry into any building or property or part thereof
11
to execute a search warrant.
12

(b) The court issuing a warrant may authorize the officer
13
executing the warrant to make entry without first knocking and
14
announcing his or her office if it finds, based upon a showing
15
of specific facts, the existence of the following exigent
16
circumstances:

17

(1) That the officer reasonably believes that if
18

notice were given a weapon would be used:

19

(i) against the officer executing the search
20

warrant; or

21

(ii) against another person.

22

(2) That if notice were given there is an imminent
23

"danger" that evidence will be destroyed.

HB1611
- 2 -
LRB104 07594 RLC 17638 b
1

(c) Prior to the issuing of a warrant under subsection
2
(b), the officer must attest
that
:
3

(1)
that
prior to entering the location described in
4

the search warrant, a supervising officer will ensure that
5

each participating member is assigned a body worn camera
6

and is following policies and procedures in accordance
7

with Section 10-20 of the Law Enforcement Officer-Worn
8

Body Camera Act; provided that the law enforcement agency
9

has implemented body worn camera in accordance with
10

Section 10-15 of the Law Enforcement Officer-Worn Body
11

Camera Act. If a law enforcement agency or each
12

participating member of a multi-jurisdictional team has
13

not implemented a body camera in accordance with Section
14

10-15 of the Law Enforcement Officer-Worn Body Camera Act,
15

the officer must attest that the interaction authorized by
16

the warrant is otherwise recorded;
17

(2)
that the

The
supervising officer verified the
18

subject address listed on the warrant for accuracy and
19

planned for children or other vulnerable people on-site;
20

and
21

(3) whether the warrant can be effectively executed
22

during daylight hours. In this paragraph (3), "daylight
23

hours" means the hours between 9 a.m. and 7 p.m.;
24

(4) that the request for the warrant is not based upon
25

information from informants who have provided false
26

information that has led to negative raids in the past;

HB1611
- 3 -
LRB104 07594 RLC 17638 b
1

and

2

(5) that

(3)
if an officer becomes aware the search
3

warrant was executed at an address, unit, or apartment
4

different from the location listed on the search warrant,
5

that member will immediately notify a supervisor who will
6

ensure an internal investigation or formal inquiry ensues.
7

(d) A no-knock search warrant shall not be issued when the
8
only offense alleged is possession of a controlled substance
9
unless there is probable cause to believe that the controlled
10
substance is for other than personal use.

11

(e) When an officer, having a warrant for the search of a
12
dwelling, executes the search warrant, the officer shall:
13

(1) execute the warrant between the hours of 9 a.m.
14

and 7 p.m. unless the judge, for good cause, expressly
15

authorizes execution at another time;
16

(2) be readily identifiable as a law enforcement
17

officer in uniform or wearing a visible law enforcement
18

badge that clearly identifies the person as a law
19

enforcement officer;
20

(3) be a member of a special weapons and tactics team
21

or special response team, or another established team or
22

unit trained and tasked with resolving high-risk
23

situations and incidents, who has received appropriate
24

training in the execution of arrest and search warrants
25

authorizing entry without notice. In counties having a
26

population of less than 90,000, when, after reasonable

HB1611
- 4 -
LRB104 07594 RLC 17638 b
1

inquiry by the law enforcement officer seeking the
2

warrant, members of the special weapons and tactics team
3

or special response team are not available to timely
4

execute the warrant and the court finds by clear and
5

convincing evidence that the risks to the health and
6

safety of the persons executing the warrant, the occupants
7

of the premises, or the public are greater if the warrant
8

is not timely executed, the court may approve the
9

execution of the warrant without members of a special
10

weapons and tactics team;
11

(4) wear and activate a body-worn camera as required
12

by this Section when entering a premises for the purpose
13

of enforcing the law;
14

(5) have a certified or licensed paramedic or
15

emergency medical technician in proximity and available to
16

provide medical assistance, if needed;
17

(6) be prohibited from pointing firearms at
18

individuals under 18 years old, unless there is clear and
19

present danger to the officer or another person; and
20

(7) knock and

announce the officer's presence at a
21

volume loud enough for the officer to reasonably believe
22

the occupants inside can hear, allow a minimum of 30
23

seconds of time before entering given the size of the
24

dwelling for someone to get to the door, and delay entry if
25

the officer has reason to believe that someone is
26

approaching the dwelling's entrance with the intent of

HB1611
- 5 -
LRB104 07594 RLC 17638 b
1

voluntarily allowing the officer to enter the dwelling;
2

except that this paragraph (7) does not apply if the
3

circumstances known to the officer at the time provide an
4

objectively reasonable basis to believe that a no-knock
5

entry or not waiting a reasonable amount of time is
6

necessary because of an emergency threatening the life of
7

or grave injury to a person, provided that the imminent
8

danger is not created by law enforcement officers
9

executing the search.
10
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

11

(725 ILCS 5/108-15 new)
12

Sec. 108-15.
Peace officers to prepare damage report;
13
negative raids.
After executing a search warrant, including a
14
no-knock warrant, the peace officer or officers executing the
15
warrant shall prepare a damage report and make immediate
16
arrangements to address safety concerns caused by the
17
execution of the warrant, such as the breaking down of a door,
18
which leaves a family vulnerable. The data on all search
19
warrants, including the causes of each negative raid, shall be
20
publicly reported. In this Section, "negative raid" means an
21
execution of a search warrant that did not result in obtaining
22
evidence sought in the warrant, an illicit substance, or the
23
apprehension of suspects.

HB1611
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LRB104 07594 RLC 17638 b
1

INDEX

2

Statutes amended in order of appearance

3

725 ILCS 5/108-8
from Ch. 38, par. 108-8
4

725 ILCS 5/108-15 new

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