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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1228 Introduced 1/31/2023, by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/7.5 | | 725 ILCS 167/5 | | 725 ILCS 167/15 | | 725 ILCS 167/20 | | 725 ILCS 167/25 | |
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Amends the Freedom from Drone Surveillance Act. Defines "emotionally disturbed person" and "special event". Deletes "data" from the definition of "information". Provides that "information" does not mean information gathered under circumstances in which the drone is used over publicly owned property or private property with permission for the purpose of training peace officers, public relations, or conducting infrastructure inspections, or for other similar non-law enforcement purposes. Permits the use of a drone by a law enforcement agency if the law enforcement agency is assisting an emotionally disturbed person and is not also undertaking a criminal investigation. Permits the use of a drone by a law enforcement agency at a special event to prepare for or monitor crowd size, density, and movement; assess public safety staffing; or monitor the safety of the participants. Provides that, if the special event is occurring on private property, use of a drone shall be authorized by the owners or organizers prior to flight. Provides that a law enforcement agency may use a drone to respond to Public Safety Answering Point (PSAP) dispatched calls for service, when the primary purpose for the response is to locate or assist victims, or both, identify offenders, or guide emergency response. Provides that information gathered by a drone is subject to the disclosure and exception to disclosure provisions of the Freedom of Information Act. Makes other changes. Amends the Freedom of Information Act to exempt from disclosure information that is prohibited from disclosure
under the Freedom from Drone Surveillance Act.
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| | A BILL FOR |
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| | HB1228 | | LRB103 24802 RLC 51132 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Section 7.5 as follows:
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6 | | (5 ILCS 140/7.5)
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7 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
8 | | by the statutes referenced below, the following shall be |
9 | | exempt from inspection and copying: |
10 | | (a) All information determined to be confidential |
11 | | under Section 4002 of the Technology Advancement and |
12 | | Development Act. |
13 | | (b) Library circulation and order records identifying |
14 | | library users with specific materials under the Library |
15 | | Records Confidentiality Act. |
16 | | (c) Applications, related documents, and medical |
17 | | records received by the Experimental Organ Transplantation |
18 | | Procedures Board and any and all documents or other |
19 | | records prepared by the Experimental Organ Transplantation |
20 | | Procedures Board or its staff relating to applications it |
21 | | has received. |
22 | | (d) Information and records held by the Department of |
23 | | Public Health and its authorized representatives relating |
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1 | | to known or suspected cases of sexually transmissible |
2 | | disease or any information the disclosure of which is |
3 | | restricted under the Illinois Sexually Transmissible |
4 | | Disease Control Act. |
5 | | (e) Information the disclosure of which is exempted |
6 | | under Section 30 of the Radon Industry Licensing Act. |
7 | | (f) Firm performance evaluations under Section 55 of |
8 | | the Architectural, Engineering, and Land Surveying |
9 | | Qualifications Based Selection Act. |
10 | | (g) Information the disclosure of which is restricted |
11 | | and exempted under Section 50 of the Illinois Prepaid |
12 | | Tuition Act. |
13 | | (h) Information the disclosure of which is exempted |
14 | | under the State Officials and Employees Ethics Act, and |
15 | | records of any lawfully created State or local inspector |
16 | | general's office that would be exempt if created or |
17 | | obtained by an Executive Inspector General's office under |
18 | | that Act. |
19 | | (i) Information contained in a local emergency energy |
20 | | plan submitted to a municipality in accordance with a |
21 | | local emergency energy plan ordinance that is adopted |
22 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
23 | | (j) Information and data concerning the distribution |
24 | | of surcharge moneys collected and remitted by carriers |
25 | | under the Emergency Telephone System Act. |
26 | | (k) Law enforcement officer identification information |
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1 | | or driver identification information compiled by a law |
2 | | enforcement agency or the Department of Transportation |
3 | | under Section 11-212 of the Illinois Vehicle Code. |
4 | | (l) Records and information provided to a residential |
5 | | health care facility resident sexual assault and death |
6 | | review team or the Executive Council under the Abuse |
7 | | Prevention Review Team Act. |
8 | | (m) Information provided to the predatory lending |
9 | | database created pursuant to Article 3 of the Residential |
10 | | Real Property Disclosure Act, except to the extent |
11 | | authorized under that Article. |
12 | | (n) Defense budgets and petitions for certification of |
13 | | compensation and expenses for court appointed trial |
14 | | counsel as provided under Sections 10 and 15 of the |
15 | | Capital Crimes Litigation Act. This subsection (n) shall |
16 | | apply until the conclusion of the trial of the case, even |
17 | | if the prosecution chooses not to pursue the death penalty |
18 | | prior to trial or sentencing. |
19 | | (o) Information that is prohibited from being |
20 | | disclosed under Section 4 of the Illinois Health and |
21 | | Hazardous Substances Registry Act. |
22 | | (p) Security portions of system safety program plans, |
23 | | investigation reports, surveys, schedules, lists, data, or |
24 | | information compiled, collected, or prepared by or for the |
25 | | Department of Transportation under Sections 2705-300 and |
26 | | 2705-616 of the Department of Transportation Law of the |
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1 | | Civil Administrative Code of Illinois, the Regional |
2 | | Transportation Authority under Section 2.11 of the |
3 | | Regional Transportation Authority Act, or the St. Clair |
4 | | County Transit District under the Bi-State Transit Safety |
5 | | Act. |
6 | | (q) Information prohibited from being disclosed by the |
7 | | Personnel Record Review Act. |
8 | | (r) Information prohibited from being disclosed by the |
9 | | Illinois School Student Records Act. |
10 | | (s) Information the disclosure of which is restricted |
11 | | under Section 5-108 of the Public Utilities Act.
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12 | | (t) All identified or deidentified health information |
13 | | in the form of health data or medical records contained |
14 | | in, stored in, submitted to, transferred by, or released |
15 | | from the Illinois Health Information Exchange, and |
16 | | identified or deidentified health information in the form |
17 | | of health data and medical records of the Illinois Health |
18 | | Information Exchange in the possession of the Illinois |
19 | | Health Information Exchange Office due to its |
20 | | administration of the Illinois Health Information |
21 | | Exchange. The terms "identified" and "deidentified" shall |
22 | | be given the same meaning as in the Health Insurance |
23 | | Portability and Accountability Act of 1996, Public Law |
24 | | 104-191, or any subsequent amendments thereto, and any |
25 | | regulations promulgated thereunder. |
26 | | (u) Records and information provided to an independent |
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1 | | team of experts under the Developmental Disability and |
2 | | Mental Health Safety Act (also known as Brian's Law). |
3 | | (v) Names and information of people who have applied |
4 | | for or received Firearm Owner's Identification Cards under |
5 | | the Firearm Owners Identification Card Act or applied for |
6 | | or received a concealed carry license under the Firearm |
7 | | Concealed Carry Act, unless otherwise authorized by the |
8 | | Firearm Concealed Carry Act; and databases under the |
9 | | Firearm Concealed Carry Act, records of the Concealed |
10 | | Carry Licensing Review Board under the Firearm Concealed |
11 | | Carry Act, and law enforcement agency objections under the |
12 | | Firearm Concealed Carry Act. |
13 | | (v-5) Records of the Firearm Owner's Identification |
14 | | Card Review Board that are exempted from disclosure under |
15 | | Section 10 of the Firearm Owners Identification Card Act. |
16 | | (w) Personally identifiable information which is |
17 | | exempted from disclosure under subsection (g) of Section |
18 | | 19.1 of the Toll Highway Act. |
19 | | (x) Information which is exempted from disclosure |
20 | | under Section 5-1014.3 of the Counties Code or Section |
21 | | 8-11-21 of the Illinois Municipal Code. |
22 | | (y) Confidential information under the Adult |
23 | | Protective Services Act and its predecessor enabling |
24 | | statute, the Elder Abuse and Neglect Act, including |
25 | | information about the identity and administrative finding |
26 | | against any caregiver of a verified and substantiated |
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1 | | decision of abuse, neglect, or financial exploitation of |
2 | | an eligible adult maintained in the Registry established |
3 | | under Section 7.5 of the Adult Protective Services Act. |
4 | | (z) Records and information provided to a fatality |
5 | | review team or the Illinois Fatality Review Team Advisory |
6 | | Council under Section 15 of the Adult Protective Services |
7 | | Act. |
8 | | (aa) Information which is exempted from disclosure |
9 | | under Section 2.37 of the Wildlife Code. |
10 | | (bb) Information which is or was prohibited from |
11 | | disclosure by the Juvenile Court Act of 1987. |
12 | | (cc) Recordings made under the Law Enforcement |
13 | | Officer-Worn Body Camera Act, except to the extent |
14 | | authorized under that Act. |
15 | | (dd) Information that is prohibited from being |
16 | | disclosed under Section 45 of the Condominium and Common |
17 | | Interest Community Ombudsperson Act. |
18 | | (ee) Information that is exempted from disclosure |
19 | | under Section 30.1 of the Pharmacy Practice Act. |
20 | | (ff) Information that is exempted from disclosure |
21 | | under the Revised Uniform Unclaimed Property Act. |
22 | | (gg) Information that is prohibited from being |
23 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
24 | | Code. |
25 | | (hh) Records that are exempt from disclosure under |
26 | | Section 1A-16.7 of the Election Code. |
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1 | | (ii) Information which is exempted from disclosure |
2 | | under Section 2505-800 of the Department of Revenue Law of |
3 | | the Civil Administrative Code of Illinois. |
4 | | (jj) Information and reports that are required to be |
5 | | submitted to the Department of Labor by registering day |
6 | | and temporary labor service agencies but are exempt from |
7 | | disclosure under subsection (a-1) of Section 45 of the Day |
8 | | and Temporary Labor Services Act. |
9 | | (kk) Information prohibited from disclosure under the |
10 | | Seizure and Forfeiture Reporting Act. |
11 | | (ll) Information the disclosure of which is restricted |
12 | | and exempted under Section 5-30.8 of the Illinois Public |
13 | | Aid Code. |
14 | | (mm) Records that are exempt from disclosure under |
15 | | Section 4.2 of the Crime Victims Compensation Act. |
16 | | (nn) Information that is exempt from disclosure under |
17 | | Section 70 of the Higher Education Student Assistance Act. |
18 | | (oo) Communications, notes, records, and reports |
19 | | arising out of a peer support counseling session |
20 | | prohibited from disclosure under the First Responders |
21 | | Suicide Prevention Act. |
22 | | (pp) Names and all identifying information relating to |
23 | | an employee of an emergency services provider or law |
24 | | enforcement agency under the First Responders Suicide |
25 | | Prevention Act. |
26 | | (qq) Information and records held by the Department of |
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1 | | Public Health and its authorized representatives collected |
2 | | under the Reproductive Health Act. |
3 | | (rr) Information that is exempt from disclosure under |
4 | | the Cannabis Regulation and Tax Act. |
5 | | (ss) Data reported by an employer to the Department of |
6 | | Human Rights pursuant to Section 2-108 of the Illinois |
7 | | Human Rights Act. |
8 | | (tt) Recordings made under the Children's Advocacy |
9 | | Center Act, except to the extent authorized under that |
10 | | Act. |
11 | | (uu) Information that is exempt from disclosure under |
12 | | Section 50 of the Sexual Assault Evidence Submission Act. |
13 | | (vv) Information that is exempt from disclosure under |
14 | | subsections (f) and (j) of Section 5-36 of the Illinois |
15 | | Public Aid Code. |
16 | | (ww) Information that is exempt from disclosure under |
17 | | Section 16.8 of the State Treasurer Act. |
18 | | (xx) Information that is exempt from disclosure or |
19 | | information that shall not be made public under the |
20 | | Illinois Insurance Code. |
21 | | (yy) Information prohibited from being disclosed under |
22 | | the Illinois Educational Labor Relations Act. |
23 | | (zz) Information prohibited from being disclosed under |
24 | | the Illinois Public Labor Relations Act. |
25 | | (aaa) Information prohibited from being disclosed |
26 | | under Section 1-167 of the Illinois Pension Code. |
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1 | | (bbb) Information that is prohibited from disclosure |
2 | | by the Illinois Police Training Act and the Illinois State |
3 | | Police Act. |
4 | | (ccc) Records exempt from disclosure under Section
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5 | | 2605-304 of the Illinois State Police Law of the Civil
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6 | | Administrative Code of Illinois. |
7 | | (ddd) Information prohibited from being disclosed |
8 | | under Section 35 of the Address Confidentiality for |
9 | | Victims of Domestic Violence, Sexual Assault, Human |
10 | | Trafficking, or Stalking Act. |
11 | | (eee) Information prohibited from being disclosed |
12 | | under subsection (b) of Section 75 of the Domestic |
13 | | Violence Fatality Review Act. |
14 | | (fff) Images from cameras under the Expressway Camera |
15 | | Act. This subsection (fff) is inoperative on and after |
16 | | July 1, 2023. |
17 | | (ggg) Information prohibited from disclosure under |
18 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
19 | | Agency Licensing Act. |
20 | | (hhh) Information submitted to the Department of State |
21 | | Police in an affidavit or application for an assault |
22 | | weapon endorsement, assault weapon attachment endorsement, |
23 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
24 | | endorsement under the Firearm Owners Identification Card |
25 | | Act. |
26 | | (iii) Information that is prohibited from disclosure
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1 | | under the Freedom from Drone Surveillance Act. |
2 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
3 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
4 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
5 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
6 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
7 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
8 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
9 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
10 | | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.) |
11 | | Section 10. The Freedom from Drone Surveillance Act is |
12 | | amended by changing Sections 5, 15, 20, and 25 as follows: |
13 | | (725 ILCS 167/5)
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14 | | Sec. 5. Definitions. As used in this Act: |
15 | | "Authority" means the Illinois Criminal Justice |
16 | | Information Authority. |
17 | | "Drone" means any aerial vehicle that does not carry a |
18 | | human operator. |
19 | | "Emotionally disturbed person" means a person who appears |
20 | | to be mentally ill or temporarily deranged and is conducting |
21 | | himself or herself in a manner that a peace officer reasonably |
22 | | believes is likely to result in serious injury to the person or |
23 | | others. |
24 | | "Information" means any evidence, images, sounds, data, or |
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1 | | other information gathered by a drone. "Information" does not |
2 | | mean evidence, images, sounds, or other information gathered |
3 | | under circumstances in which the drone is used over publicly |
4 | | owned property or private property with permission for the |
5 | | purpose of training peace officers, public relations, or |
6 | | conducting infrastructure inspections, or for other similar |
7 | | non-law enforcement purposes. |
8 | | "Law enforcement agency" means any agency of this State or |
9 | | a political subdivision of this State which is vested by law |
10 | | with the duty to maintain public order and to enforce criminal |
11 | | laws.
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12 | | "Special event" means a nonroutine activity within a |
13 | | community that brings together a large number of people. |
14 | | (Source: P.A. 98-569, eff. 1-1-14.) |
15 | | (725 ILCS 167/15) |
16 | | Sec. 15. Exceptions. This Act does not prohibit the use of |
17 | | a drone by a law enforcement agency: |
18 | | (1) To counter a high risk of a terrorist attack by a |
19 | | specific individual or organization if the United States |
20 | | Secretary of Homeland Security determines that credible |
21 | | intelligence indicates that there is that risk. |
22 | | (2) If a law enforcement agency first obtains a search |
23 | | warrant based on probable cause issued under Section 108-3 |
24 | | of the Code of Criminal Procedure of 1963. The warrant |
25 | | must be limited to a period of 45 days, renewable by the |
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1 | | judge upon a showing of good cause for subsequent periods |
2 | | of 45 days. |
3 | | (3) If a law enforcement agency possesses reasonable |
4 | | suspicion that, under particular circumstances, swift |
5 | | action is needed to prevent imminent harm to life, or to |
6 | | forestall the imminent escape of a suspect or the |
7 | | destruction of evidence. The use of a drone under this |
8 | | paragraph (3) is limited to a period of 48 hours. Within 24 |
9 | | hours of the initiation of the use of a drone under this |
10 | | paragraph (3), the chief executive officer of the law |
11 | | enforcement agency must report in writing the use of a |
12 | | drone to the local State's Attorney. |
13 | | (4) If a law enforcement agency is attempting to |
14 | | locate a missing person or assisting an emotionally |
15 | | disturbed person , and is not also undertaking a criminal |
16 | | investigation. |
17 | | (5) If a law enforcement agency is using a drone |
18 | | solely for crime scene and traffic crash scene |
19 | | photography. Crime scene and traffic crash photography |
20 | | must be conducted in a geographically confined and |
21 | | time-limited manner to document specific occurrences. The |
22 | | use of a drone under this paragraph (5) on private |
23 | | property requires either a search warrant based on |
24 | | probable cause under Section 108-3 of the Code of Criminal |
25 | | Procedure of 1963 or lawful consent to search. The use of a |
26 | | drone under this paragraph (5) on lands, highways, |
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1 | | roadways, or areas belonging to this State or political |
2 | | subdivisions of this State does not require a search |
3 | | warrant or consent to search. Any law enforcement agency |
4 | | operating a drone under this paragraph (5) shall make |
5 | | every reasonable attempt to only photograph the crime |
6 | | scene or traffic crash scene and avoid other areas.
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7 | | (6) If a law enforcement agency is using a drone |
8 | | during a disaster or public health emergency, as defined |
9 | | by Section 4 of the Illinois Emergency Management Agency |
10 | | Act. The use of a drone under this paragraph (6) does not |
11 | | require an official declaration of a disaster or public |
12 | | health emergency prior to use. A law enforcement agency |
13 | | may use a drone under this paragraph (6) to obtain |
14 | | information necessary for the determination of whether or |
15 | | not a disaster or public health emergency should be |
16 | | declared, to monitor weather or emergency conditions, to |
17 | | survey damage, or to otherwise coordinate response and |
18 | | recovery efforts. The use of a drone under this paragraph |
19 | | (6) is permissible during the disaster or public health |
20 | | emergency and during subsequent response and recovery |
21 | | efforts. |
22 | | (7) If a law enforcement agency is using a drone at a |
23 | | special event to: |
24 | | (A) prepare for or monitor crowd size, density, |
25 | | and movement; |
26 | | (B) assess public safety staffing; or |
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1 | | (C) monitor the safety of the participants. |
2 | | If the special event is occurring on private property, |
3 | | the of a drone under this exception shall be authorized by |
4 | | the owners or organizers prior to flight. |
5 | | (8) If a law enforcement agency is using a drone to |
6 | | respond to Public Safety Answering Point (PSAP) dispatched |
7 | | calls for service, when the primary purpose for the |
8 | | response is to locate or assist victims, or both, identify |
9 | | offenders, or guide emergency response. |
10 | | (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .) |
11 | | (725 ILCS 167/20)
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12 | | Sec. 20. Information retention. If a law enforcement |
13 | | agency uses a drone under Section 15 of this Act, the agency |
14 | | within 30 days shall destroy all information gathered by the |
15 | | drone, except that the a supervisor at that agency may retain |
16 | | particular information if: |
17 | | (1) there is reasonable suspicion that the information |
18 | | contains evidence of criminal activity ; , or |
19 | | (2) the information is relevant to an ongoing |
20 | | investigation or pending criminal trial ; .
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21 | | (3) the information is required to be retained to |
22 | | comply with the Local Records Commission retention |
23 | | schedules; |
24 | | (4) a supervisor at the agency deems that the |
25 | | information will be used exclusively for training |
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1 | | purposes. |
2 | | If a law enforcement agency uses a drone under Section 15 |
3 | | at any demonstration, protest, rally, march, parade, or other |
4 | | gathering at which political, religious, social, or other |
5 | | views are expressed, the law enforcement agency shall destroy |
6 | | all information gathered by the drone within 7 days, except |
7 | | that the agency may retain the particular information if: |
8 | | (1) there is reasonable suspicion that the information |
9 | | contains evidence of criminal activity; or |
10 | | (2) the information is relevant to an ongoing
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11 | | investigation or pending criminal trial. |
12 | | (Source: P.A. 98-569, eff. 1-1-14.) |
13 | | (725 ILCS 167/25)
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14 | | Sec. 25. Information disclosure. Information gathered by |
15 | | a drone is subject to the Freedom of Information Act. If a law |
16 | | enforcement agency uses a drone under Section 15 of this Act, |
17 | | the agency shall not disclose any information gathered by the |
18 | | drone, except that a supervisor of that agency may disclose |
19 | | particular information to another government agency, if (1) |
20 | | there is reasonable suspicion that the information contains |
21 | | evidence of criminal activity, or (2) the information is |
22 | | relevant to an ongoing investigation or pending criminal |
23 | | trial.
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24 | | (Source: P.A. 98-569, eff. 1-1-14.)
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