100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4405

 

Introduced , by Rep. John C. D'Amico

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 167/15

    Amends the Freedom from Drone Surveillance Act. Provides an exemption to the Act for a law enforcement agency that is using a drone to prepare for or monitor safety and security at a large-scale event, if drone usage is limited to legitimate public safety purposes, including, but not limited to, evaluating crowd size, density, or movement, assessing public safety vulnerabilities or weaknesses, determining appropriate staffing levels for law enforcement or other public safety personnel, or identifying possible criminal activity. Defines "large-scale event". Effective immediately.


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A BILL FOR

 

HB4405LRB100 17763 SLF 32941 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom from Drone Surveillance Act is
5amended by changing Section 15 as follows:
 
6    (725 ILCS 167/15)
7    Sec. 15. Exceptions. This Act does not prohibit the use of
8a drone by a law enforcement agency:
9        (1) To counter a high risk of a terrorist attack by a
10    specific individual or organization if the United States
11    Secretary of Homeland Security determines that credible
12    intelligence indicates that there is that risk.
13        (2) If a law enforcement agency first obtains a search
14    warrant based on probable cause issued under Section 108-3
15    of the Code of Criminal Procedure of 1963. The warrant must
16    be limited to a period of 45 days, renewable by the judge
17    upon a showing of good cause for subsequent periods of 45
18    days.
19        (3) If a law enforcement agency possesses reasonable
20    suspicion that, under particular circumstances, swift
21    action is needed to prevent imminent harm to life, or to
22    forestall the imminent escape of a suspect or the
23    destruction of evidence. The use of a drone under this

 

 

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1    paragraph (3) is limited to a period of 48 hours. Within 24
2    hours of the initiation of the use of a drone under this
3    paragraph (3), the chief executive officer of the law
4    enforcement agency must report in writing the use of a
5    drone to the local State's Attorney.
6        (4) If a law enforcement agency is attempting to locate
7    a missing person, and is not also undertaking a criminal
8    investigation.
9        (5) If a law enforcement agency is using a drone solely
10    for crime scene and traffic crash scene photography. Crime
11    scene and traffic crash photography must be conducted in a
12    geographically confined and time-limited manner to
13    document specific occurrences. The use of a drone under
14    this paragraph (5) on private property requires either a
15    search warrant based on probable cause under Section 108-3
16    of the Code of Criminal Procedure of 1963 or lawful consent
17    to search. The use of a drone under this paragraph (5) on
18    lands, highways, roadways, or areas belonging to this State
19    or political subdivisions of this State does not require a
20    search warrant or consent to search. Any law enforcement
21    agency operating a drone under this paragraph (5) shall
22    make every reasonable attempt to only photograph the crime
23    scene or traffic crash scene and avoid other areas.
24        (6) If a law enforcement agency is using a drone during
25    a disaster or public health emergency, as defined by
26    Section 4 of the Illinois Emergency Management Agency Act.

 

 

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1    The use of a drone under this paragraph (6) does not
2    require an official declaration of a disaster or public
3    health emergency prior to use. A law enforcement agency may
4    use a drone under this paragraph (6) to obtain information
5    necessary for the determination of whether or not a
6    disaster or public health emergency should be declared, to
7    monitor weather or emergency conditions, to survey damage,
8    or to otherwise coordinate response and recovery efforts.
9    The use of a drone under this paragraph (6) is permissible
10    during the disaster or public health emergency and during
11    subsequent response and recovery efforts.
12        (7) If a law enforcement agency is using a drone to
13    prepare for or monitor safety and security at a large-scale
14    event, if drone usage is limited to legitimate public
15    safety purposes, including, but not limited to, evaluating
16    crowd size, density, or movement, assessing public safety
17    vulnerabilities or weaknesses, determining appropriate
18    staffing levels for law enforcement or other public safety
19    personnel, or identifying possible criminal activity. In
20    this paragraph (7), "large-scale event" means a publicly or
21    privately held event at a sports or entertainment arena,
22    stadium, convention hall, special event center, amusement
23    facility, a special event area licensed or permitted for
24    use under the authority of a local government, or an event
25    that is open to the public and takes place on the public
26    way or on government-owned property.

 

 

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1(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.