SB2588 99TH GENERAL ASSEMBLY

LRB099 18310 SLF 42684 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2588

Introduced 2/16/2016, by Sen. Antonio Muņoz

SYNOPSIS AS INTRODUCED:

725 ILCS 167/15
725 ILCS 167/20
725 ILCS 167/25

Amends the Freedom from Drone Surveillance Act. Provides that a law enforcement agency may use a drone for law enforcement training purposes. Training must be completed in a geographically confined and time-limited manner to safeguard the privacy of individuals. The use of a drone on private property requires lawful consent. The use of a drone on land, highways, roadways, or areas belonging to the State or political subdivisions of the State does not require a search warrant or consent to search. A law enforcement agency shall make every reasonable attempt to only photograph the law enforcement training and avoid other areas or individuals. Provides that a supervisor at a law enforcement agency may retain information gathered by a drone used for law enforcement training purposes. A supervisor of a law enforcement agency who uses a drone for law enforcement training purposes may disclose particular information to another government agency. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Freedom from Drone Surveillance Act is amended by changing Sections 15, 20, and 25 as follows:

(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 attempting to locate a missing person, 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) If a law enforcement agency is using a drone solely for a law enforcement training purposes. Training must be conducted in a geographically confined and time-limited manner to safeguard the privacy of individuals. The use of a drone on private property requires lawful consent. The use of a drone on land, highways, roadways, or areas belonging to the State or political subdivisions of the State does not require a search warrant or consent to search. Any law enforcement agency operating a drone under this paragraph shall make every reasonable attempt to only photograph the law enforcement training and avoid other areas or individuals.

(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)

(725 ILCS 167/20)

Sec. 20. Information retention. 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, except that a supervisor at 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, or

(3) the information is collected under paragraph (7) of Section 15.

(Source: P.A. 98-569, eff. 1-1-14.)

(725 ILCS 167/25)

Sec. 25. Information disclosure. 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 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, or (3) in the case of training under paragraph (7) of Section 15.

(Source: P.A. 98-569, eff. 1-1-14.)

Section 99. Effective date. This Act takes effect upon becoming law.