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1 | AN ACT concerning law enforcement.
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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 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Freedom From Cell Phone Location Surveillance Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions.
For the purpose of this Act: | ||||||||||||||||||||||||
7 | "Adverse result" means: | ||||||||||||||||||||||||
8 | (1) endangering the life or physical safety of a | ||||||||||||||||||||||||
9 | person; | ||||||||||||||||||||||||
10 | (2) flight from prosecution; | ||||||||||||||||||||||||
11 | (3) destruction of or tampering with evidence; | ||||||||||||||||||||||||
12 | (4) intimidation of potential witnesses; or | ||||||||||||||||||||||||
13 | (5) otherwise seriously jeopardizing an investigation | ||||||||||||||||||||||||
14 | or unduly delaying a trial. | ||||||||||||||||||||||||
15 | "Electronic communication service" means any service which | ||||||||||||||||||||||||
16 | provides to users the ability to send or receive wire or | ||||||||||||||||||||||||
17 | electronic communications. | ||||||||||||||||||||||||
18 | "Electronic device" means any device that enables access | ||||||||||||||||||||||||
19 | to, or use of an electronic communication service, remote | ||||||||||||||||||||||||
20 | computing service, or location information service. | ||||||||||||||||||||||||
21 | "Law enforcement agent" means any law enforcement officer | ||||||||||||||||||||||||
22 | of the United States, or of the State or political subdivision | ||||||||||||||||||||||||
23 | of the State, including, but not limited to, a law enforcement |
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1 | entity or any other investigative entity, agency, department, | ||||||
2 | division, bureau, board, or commission, or any person acting or | ||||||
3 | purporting to act for or on behalf of a State or local agency. | ||||||
4 | "Location information" means any information concerning | ||||||
5 | the location of an electronic
device that, in whole or in part, | ||||||
6 | is generated by or derived from the operation of that device. | ||||||
7 | "Location information service" means a global positioning | ||||||
8 | service or other mapping,
locational, or directional | ||||||
9 | information service. | ||||||
10 | "Remote computing service" means the provision to the | ||||||
11 | public of computer storage or
processing services by means of | ||||||
12 | an electronic communications system. | ||||||
13 | "Service provider" means the provider of an electronic | ||||||
14 | communication service, remote computing service, or location | ||||||
15 | information service.
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16 | Section 10. Warrant. Except as provided in Section 15, a | ||||||
17 | law enforcement agent may not obtain location information | ||||||
18 | without a search warrant based on probable cause issued under | ||||||
19 | Section 108-4 of the Code of Criminal Procedure of 1963. | ||||||
20 | Section 15. Emergency situation exceptions.
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21 | Notwithstanding any other provisions of this Act, any law | ||||||
22 | enforcement agent may obtain location information: | ||||||
23 | (1) in order to respond to a user's call for emergency | ||||||
24 | services;
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1 | (2) with the express consent of the subscriber or user | ||||||
2 | of the electronic communications device concerned; or | ||||||
3 | (3) when a law enforcement agent reasonably believes | ||||||
4 | that obtaining location information without delay is | ||||||
5 | necessary to protect a person in an emergency situation | ||||||
6 | involving a clear and present danger of imminent death or | ||||||
7 | great bodily harm, and the
request for disclosure of | ||||||
8 | location is narrowly tailored to address the emergency | ||||||
9 | situation, subject to the following limitations: | ||||||
10 | (A) the request shall document the factual basis | ||||||
11 | for believing that an
emergency involving clear and | ||||||
12 | present danger of imminent death or great bodily harm | ||||||
13 | requires obtaining the information relating to the | ||||||
14 | emergency without delay; and
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15 | (B) an application for location information shall | ||||||
16 | be submitted to the service provider and retained by | ||||||
17 | the lead agency for a minimum of 24 months. The | ||||||
18 | location request document must be provided to the | ||||||
19 | State's Attorney in the county in which the lead police | ||||||
20 | agency involved in the investigation is located within | ||||||
21 | 48 hours of the time that the law enforcement agency | ||||||
22 | obtains access to records under this paragraph (3). If | ||||||
23 | an application for location is denied by the service | ||||||
24 | provider or the State's Attorney in the county in which | ||||||
25 | the lead police agency involved in the investigation is | ||||||
26 | located, or both, the requesting agency shall retain |
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1 | the application and any documentation regarding its | ||||||
2 | denial for a minimum of 2 years. | ||||||
3 | (C) subsequent or ongoing use of location | ||||||
4 | information as described in subparagraph (B) of this | ||||||
5 | paragraph (3) beyond a 48-hour time span requires a | ||||||
6 | search warrant. If the application for the search | ||||||
7 | warrant is denied, the location information shall not | ||||||
8 | be admissible as evidence in a court of law, unless the | ||||||
9 | State can prove that evidence obtained would | ||||||
10 | inevitably have been discovered by lawful means as a | ||||||
11 | part of the ongoing investigation.
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12 | Section 20. Notice.
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13 | (a) Unless delayed notice is ordered under subsection (b), | ||||||
14 | not later than 3 days after a law enforcement agent receives | ||||||
15 | location information under Section 10 or 15 of this Act, the | ||||||
16 | lead law enforcement agency shall serve upon, or deliver by | ||||||
17 | registered or first-class mail, electronic mail, or other means | ||||||
18 | reasonably calculated to be effective to the electronic device | ||||||
19 | user or subscriber official notice that informs the electronic | ||||||
20 | device user or subscriber: | ||||||
21 | (1) of the nature of the law enforcement inquiry with | ||||||
22 | reasonable specificity; | ||||||
23 | (2) that location information maintained for the | ||||||
24 | electronic device user or subscriber was supplied to or | ||||||
25 | requested by that law enforcement agent and the date on |
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1 | which the request was made or the information supplied; | ||||||
2 | (3) if the location information was obtained from a | ||||||
3 | service provider or other third party, the identity of | ||||||
4 | service provider or the third party from which the | ||||||
5 | information was obtained;
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6 | (4) whether notification to the electronic device user | ||||||
7 | or subscriber was delayed under subsection (b);
and | ||||||
8 | (5) if applicable, the adverse result justifying the | ||||||
9 | order for delayed notification as defined in Section 5 of | ||||||
10 | this Act. | ||||||
11 | (b) A law enforcement agency, acting under Section 10 or 15 | ||||||
12 | of this Act, may include in the application a request for an | ||||||
13 | order delaying the notification required under subsection (a) | ||||||
14 | for a period not to exceed 90 days, and the court shall issue | ||||||
15 | the order if the court determines that there is reason to | ||||||
16 | believe that notification of the existence of the warrant may | ||||||
17 | have an adverse result. | ||||||
18 | (c) Upon expiration of the period of delay granted under | ||||||
19 | this Section, the law enforcement agency shall provide the | ||||||
20 | electronic device user or subscriber with official notice | ||||||
21 | required under, and by the means described in, subsection (a). | ||||||
22 | (d) A law enforcement agency acting under Section 10 or 15 | ||||||
23 | of this Act may include in the application a request for an | ||||||
24 | order directing a service provider to which the application or | ||||||
25 | order, or both, is directed not to notify any other person of | ||||||
26 | the existence of the application or order, or both, for a |
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1 | period of not more than 90 days, and the court shall issue the | ||||||
2 | order if the court determines that there is reason to believe | ||||||
3 | that notification of the existence of the warrant may have an | ||||||
4 | adverse result. | ||||||
5 | (e) The court may, upon application, grant one or more | ||||||
6 | extensions of orders granted under subsections (b) and (d) for | ||||||
7 | an additional 90 days.
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8 | Section 25. Suppression.
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9 | (a) Except as proof of a violation of this Act, no evidence | ||||||
10 | obtained in violation of this Act shall be admissible in any | ||||||
11 | criminal, civil, administrative, or other proceeding, unless | ||||||
12 | the State can prove that evidence obtained would inevitably | ||||||
13 | have been discovered by lawful means as a part of the ongoing | ||||||
14 | investigation. | ||||||
15 | (b) Any location information obtained under subparagraph | ||||||
16 | (B) of paragraph (3) of Section 15 or evidence derived | ||||||
17 | therefrom shall not be received in evidence or otherwise | ||||||
18 | disclosed in any trial, hearing, or other proceeding in a | ||||||
19 | federal or State court unless each party, not less than 10 days | ||||||
20 | before the trial, hearing, or proceeding, has been furnished | ||||||
21 | with a copy of the application to the service provider under | ||||||
22 | which the information was obtained. This 10-day period may be | ||||||
23 | waived by the judge if he or she finds that it was not possible | ||||||
24 | to furnish the party with the above information 10 days before | ||||||
25 | the trial, hearing, or proceeding and that the party will not |
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1 | be prejudiced by the delay in receiving the information. | ||||||
2 |
(c) Any location information obtained under Section 10 or | ||||||
3 | subparagraph (C) of paragraph (3) of Section 15 of this Act or | ||||||
4 | evidence derived therefrom shall not be received in evidence or | ||||||
5 | otherwise disclosed in any trial, hearing, or other proceeding | ||||||
6 | in a federal or State court unless each party, not less than 10 | ||||||
7 | days before the trial, hearing, or proceeding, has been | ||||||
8 | furnished with a copy of the warrant and accompanying | ||||||
9 | application under which the information was obtained. This | ||||||
10 | 10-day period may be waived by the judge if he or she finds | ||||||
11 | that it was not possible to furnish the party with the above | ||||||
12 | information 10 days before the trial, hearing, or proceeding | ||||||
13 | and that the party will not be prejudiced by the delay in | ||||||
14 | receiving the information.
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