Public Act 103-0101
 
HB3902 EnrolledLRB103 31058 DTM 57678 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as the Drones as
First Responders Act.
 
    Section 5. The Freedom from Drone Surveillance Act is
amended by changing Sections 5, 15, 20, 25, and 35 and by
adding Sections 17, 18, and 45 as follows:
 
    (725 ILCS 167/5)
    Sec. 5. Definitions. As used in this Act:
    "Authority" means the Illinois Criminal Justice
Information Authority.
    "Drone" means any aerial vehicle that does not carry a
human operator.
    "Information" means any evidence, images, sounds, data, or
other information gathered by a drone.
    "Law enforcement agency" means any agency of this State or
a political subdivision of this State which is vested by law
with the duty to maintain public order and to enforce criminal
laws.
    "Parade" means a march, procession, or other similar
activity consisting of persons, animals, vehicles, or things,
or any combination thereof, upon a public street, sidewalk,
alley, or other public place, which requires a street closing
or otherwise requires stopping or rerouting vehicular traffic
because the parade will not or cannot comply with normal and
usual traffic regulations or controls. "Parade" does not
include a political protest, march, demonstration, or other
assembly protected by the First Amendment.
    "Routed event" means a parade, walk, or race that:
        (1) is hosted by the State of Illinois or a county,
    municipality, township, or park district;
        (2) is outdoors and open to the public; and
        (3) has an estimated attendance of more than 50
    people.
    "Routed event" does not include any political protest,
march, demonstration, or other assembly protected by the First
Amendment.
    "Special event" means a concert or food festival that:
        (1) is hosted by the State of Illinois or a county,
    municipality, township, or park district;
        (2) is outdoors and open to the public; and
        (3) has an estimated attendance of:
            (i) 150 or more people in a unit of local
        government with a population that is less than 50,000;
            (ii) 250 or more people in a unit of local
        government with a population that is greater than or
        equal to 50,000 but less than 100,000;
            (iii) 350 or more people in a unit of local
        government with a population that is greater than or
        equal to 100,000 but less than 500,000; or
            (iv) 500 or more people in a unit of local
        government with a population that is 500,000 or more.
    "Special event" does not include any political protest,
march, demonstration, or other assembly protected by the First
Amendment.
(Source: P.A. 98-569, eff. 1-1-14.)
 
    (725 ILCS 167/15)
    Sec. 15. Exceptions. This Act does not prohibit the use of
a drone by a law enforcement agency:
        (1) To counter a high risk of a terrorist attack by a
    specific individual or organization if the United States
    Secretary of Homeland Security determines that credible
    intelligence indicates that there is that risk.
        (2) If a law enforcement agency first obtains a search
    warrant based on probable cause issued under Section 108-3
    of the Code of Criminal Procedure of 1963. The warrant
    must be limited to a period of 45 days, renewable by the
    judge upon a showing of good cause for subsequent periods
    of 45 days.
        (3) If a law enforcement agency possesses reasonable
    suspicion that, under particular circumstances, swift
    action is needed to prevent imminent harm to life, or to
    forestall the imminent escape of a suspect or the
    destruction of evidence. The use of a drone under this
    paragraph (3) is limited to a period of 48 hours. Within 24
    hours of the initiation of the use of a drone under this
    paragraph (3), the chief executive officer of the law
    enforcement agency must report in writing the use of a
    drone to the local State's Attorney.
        (4) If a law enforcement agency is not undertaking a
    criminal investigation but is attempting to locate a
    missing person, engaging in search and rescue operations,
    or aiding a person who cannot otherwise be safely reached ,
    and is not also undertaking a criminal investigation.
        (5) If a law enforcement agency is using a drone
    solely for crime scene and traffic crash scene
    photography. Crime scene and traffic crash photography
    must be conducted in a geographically confined and
    time-limited manner to document specific occurrences. The
    use of a drone under this paragraph (5) on private
    property requires either a search warrant based on
    probable cause under Section 108-3 of the Code of Criminal
    Procedure of 1963 or lawful consent to search. The use of a
    drone under this paragraph (5) on lands, highways,
    roadways, or areas belonging to this State or political
    subdivisions of this State does not require a search
    warrant or consent to search. Any law enforcement agency
    operating a drone under this paragraph (5) shall make
    every reasonable attempt to only photograph the crime
    scene or traffic crash scene and avoid other areas.
        (6) If a law enforcement agency is using a drone
    during a disaster or public health emergency, as defined
    by Section 4 of the Illinois Emergency Management Agency
    Act. The use of a drone under this paragraph (6) does not
    require an official declaration of a disaster or public
    health emergency prior to use. A law enforcement agency
    may use a drone under this paragraph (6) to obtain
    information necessary for the determination of whether or
    not a disaster or public health emergency should be
    declared, to monitor weather or emergency conditions, to
    survey damage, or to otherwise coordinate response and
    recovery efforts. The use of a drone under this paragraph
    (6) is permissible during the disaster or public health
    emergency and during subsequent response and recovery
    efforts.
        (7) To conduct an infrastructure inspection of a
    designated building or structure at the express request of
    a local government agency. Any law enforcement agency
    operating a drone under this paragraph (7) shall make
    every reasonable attempt to photograph only the building
    or structure and to avoid other areas.
        (8) To demonstrate the capabilities and functionality
    of a police drone for public relations purposes, provided
    that no information is collected or recorded by the drone
    during such demonstration.
        (9) In response to Public Safety Answering Point
    (PSAP) dispatched calls for service, when the sole purpose
    for using a drone is for one or more first responders to
    locate victims, to assist with immediate victim health or
    safety needs, or to coordinate the response of emergency
    vehicles and personnel to an emergency. As used in this
    paragraph (9), "Public Safety Answering Point" and "PSAP"
    have the meaning given to those terms in Section 2 of the
    Emergency Telephone System Act.
        (10) If a law enforcement agency is using a drone at a
    routed event or special event. The use of a drone under
    this paragraph (10) requires that:
            (A) notice is posted at the event location for at
        least 24 hours before the event and clearly
        communicates that drones may be used at the upcoming
        event for the purpose of real-time monitoring of
        participant safety;
            (B) notice is posted, if practical, at major entry
        points to the event clearly informing the attendees
        that a drone may be used for the purpose of real-time
        monitoring of participant safety; and
            (C) the drone is flown in accordance with Federal
        Aviation Administration safety regulations.
        Under this paragraph (10), a law enforcement agency
    may use the drone:
            (i) in advance of an event, before event
        participants have begun to assemble, for the sole
        purpose of creating maps and determining appropriate
        access routes, staging areas, and traffic routes,
        provided that no personal identifying information is
        recorded and provided further that no recorded
        information is used in any criminal prosecution; or
            (ii) during the event to proactively support
        public safety personnel by monitoring the event
        footprint in real time:
                (I) to detect a breach of event space,
            including a breach by an unauthorized vehicle, an
            interruption of a parade route, or a breach of an
            event barricade or fencing;
                (II) to evaluate crowd size and density;
                (III) to identify activity that could present
            a public safety issue for the crowd as a whole,
            including crowd movement;
                (IV) to assist in the response of public
            safety personnel to a real-time public safety
            incident at the event; and
                (V) to assess the traffic and pedestrian flow
            around the event in real time.
(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
 
    (725 ILCS 167/17 new)
    Sec. 17. Use of facial recognition. A law enforcement
agency operating a drone under this Act is prohibited from
using, during a flight, onboard facial recognition software
that works in conjunction with the drone. A law enforcement
agency operating a drone under this Act is prohibited from
using any information gathered by a drone with any facial
recognition software, unless either (i) the law enforcement
agency is using a drone to counter a high risk of a terrorist
attack by a specific individual or organization and the United
States Secretary of Homeland Security has determined that
credible intelligence indicates that there is such a risk or
(ii) the law enforcement agency possesses reasonable suspicion
that, under particular circumstances, swift action is needed
to prevent imminent harm to life or to forestall the imminent
escape of a suspect or the destruction of evidence.
 
    (725 ILCS 167/18 new)
    Sec. 18. Use of weapons. A law enforcement agency
operating a drone under this Act is prohibited from equipping
or using on a drone any firearm, weaponized laser, kinetic
impact projectile, chemical agent or irritant, or any other
lethal or non-lethal weapon.
 
    (725 ILCS 167/20)
    Sec. 20. Information retention.
    (a) If a law enforcement agency uses a drone under Section
15 of this Act, the agency within 30 days shall destroy all
information gathered by the drone within the following
timeframes:
        (1) All information gathered pursuant to paragraph
    (1), (2), (3), (4), (5), (6), or (9) of Section 15 shall be
    destroyed within 30 days after being gathered.
        (2) All information gathered pursuant to paragraph
    (10) of Section 15 shall be destroyed within 24 hours
    after being gathered.
        (3) All information gathered pursuant to paragraph (7)
    of Section 15 shall be turned over to the requesting local
    government agency as soon as practicable, and all gathered
    information shall be destroyed immediately after the
    information has been turned over.
    (b) Notwithstanding subsection (a), except that a
supervisor at a law enforcement that agency may retain
particular information if:
        (1) there is reasonable suspicion that the information
    contains evidence of criminal activity; , or
        (2) the information is relevant to an ongoing
    investigation or pending criminal trial;
        (3) a supervisor at the agency deems that the
    information will be used exclusively for training
    purposes, provided that any such information shall not
    contain any personally identifiable information; or
        (4) the information consists of only flight path data,
    metadata, or telemetry information of the drone.
(Source: P.A. 98-569, eff. 1-1-14.)
 
    (725 ILCS 167/25)
    Sec. 25. Information disclosure.
    (a) If a law enforcement agency uses a drone under Section
15 of this Act, the agency shall not disclose any information
gathered by the drone, except that a supervisor of that agency
may disclose particular information to another governmental
government agency, if (1) there is reasonable suspicion that
the information contains evidence of criminal activity, or (2)
the information is relevant to an ongoing investigation or
pending criminal trial.
    (b) Records of drone usage, including flight path data,
metadata, or telemetry information of specific flights, if
available, may be disclosed subject to the Freedom of
Information Act and rules adopted under that Act.
    (c) A law enforcement agency that uses a drone under
Section 15 shall neither sell any information gathered by the
drone nor disclose any information gathered by the drone to
any person to whom disclosure is not authorized under this
Section.
    (d) Nothing in this Act prevents the disclosure of
information through a court order or subpoena in connection
with a criminal proceeding or if the disclosure is in regard to
a completed traffic crash investigation.
(Source: P.A. 98-569, eff. 1-1-14.)
 
    (725 ILCS 167/35)
    Sec. 35. Reporting.
    (a) If a law enforcement agency owns one or more drones,
then subsequent to the effective date of this Act, it shall
report in writing annually by April 1 to the Authority the
number of drones that it owns, the number of times a drone was
used pursuant to each paragraph of Section 15, including the
date of use, time of use, reason for use, location, whether
video was recorded, and whether the video is designated for
retention for training purposes. The report shall contain a
copy of the agency's latest policy concerning drones as of the
most recent April 1.
    (b) On July 1 of each year, the Authority shall publish on
its publicly available website a concise report that lists
every law enforcement agency that owns a drone, and for each of
those agencies, the number of drones that it owns, the number
of times a drone was used pursuant to each paragraph of Section
15, including the date of use, time of use, reason for use,
location, whether video was recorded, whether the video is
designated for retention for training purposes. The report
shall contain a copy of the agency's latest policy concerning
drones as of the most recent April 1.
    (c) Each law enforcement agency that uses a drone shall
implement and make publicly available on its website the law
enforcement agency's policy governing the operation, use,
administration, and oversight of its drone program.
(Source: P.A. 98-569, eff. 1-1-14.)
 
    (725 ILCS 167/45 new)
    Sec. 45. Policy; violations.
    (a) Each law enforcement agency using drones under this
Act shall have a policy outlining drone use consistent with
this Act. The policy shall include that, if an agency learns of
violations of this Act, the agency shall immediately take
actions to prevent future violations of the Act through any
one or more of the following means: training, discipline,
including progressive discipline for repeat violations, or
other means that will prevent repeated violations of the Act
by law enforcement. If an agency learns of willful and wanton
violations of this Act, the agency shall immediately remove
the pilot from its drone program and take action to prevent
future willful and wanton violations of the Act.
    (b) The Attorney General shall have authority to conduct
investigations into patterns and practices of violations of
this Act. The Attorney General may:
        (1) require a law enforcement agency, law enforcement
    official, or any other person or entity to file a
    statement or report in writing under oath or otherwise, as
    to all information the Attorney General may consider
    necessary;
        (2) examine under oath any law enforcement official or
    any other person alleged to have participated in or with
    knowledge of the alleged violation; or
        (3) issue subpoenas, obtain records, conduct hearings,
    or take any other actions in aid of any investigation.
    If a law enforcement agency, law enforcement official, or
other person or entity fails to comply, in whole or in part,
with a subpoena or other investigative request issued under
paragraph (3) of this subsection, the Attorney General may
compel compliance through an action in the circuit court.
    (c) Following completion of an investigation under
subsection (b), the Attorney General may, upon his or her own
information or upon the complaint of any person, maintain an
action for declaratory, injunctive, or any other equitable
relief in the circuit court against any law enforcement
agency, law enforcement official, or other person or entity
who violates any provision of this Act. These remedies are in
addition to, and not in substitution for, other available
remedies, penalties, or disciplinary action.
    (d) Upon entry of an adverse judgment under this Act
demonstrating a pattern or practice of violations of this Act,
a law enforcement agency shall forfeit its ability to use
drones under Section 15 of this Act for not less than 6 months
for a first adverse judgment and up to one year for a second
adverse judgment demonstrating a pattern or practice of
violating this Act.
    (e) Nothing in this Section is intended to prohibit or
limit any other remedy available by law.
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.