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| | SB2937 Enrolled | | LRB098 17872 RLC 52996 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 from Drone Surveillance Act is |
5 | | amended by changing Section 15 and by adding Section 40 as |
6 | | follows: |
7 | | (725 ILCS 167/15)
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8 | | Sec. 15. Exceptions. This Act does not prohibit the use of |
9 | | a drone by a law enforcement agency: |
10 | | (1) To counter a high risk of a terrorist attack by a |
11 | | specific individual or organization if the United States |
12 | | Secretary of Homeland Security determines that credible |
13 | | intelligence indicates that there is that risk. |
14 | | (2) If a law enforcement agency first obtains a search |
15 | | warrant based on probable cause issued under Section 108-3 |
16 | | of the Code of Criminal Procedure of 1963. The warrant must |
17 | | be limited to a period of 45 days, renewable by the judge |
18 | | upon a showing of good cause for subsequent periods of 45 |
19 | | days. |
20 | | (3) If a law enforcement agency possesses reasonable |
21 | | suspicion that, under particular circumstances, swift |
22 | | action is needed to prevent imminent harm to life, or to |
23 | | forestall the imminent escape of a suspect or the |
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1 | | destruction of evidence. The use of a drone under this |
2 | | paragraph (3) is limited to a period of 48 hours. Within 24 |
3 | | hours of the initiation of the use of a drone under this |
4 | | paragraph (3), the chief executive officer of the law |
5 | | enforcement agency must report in writing the use of a |
6 | | drone to the local State's Attorney. |
7 | | (4) If a law enforcement agency is attempting to locate |
8 | | a missing person, and is not also undertaking a criminal |
9 | | investigation. |
10 | | (5) If a law enforcement agency is using a drone solely |
11 | | for crime scene and traffic crash scene photography. Crime |
12 | | scene and traffic crash photography must be conducted in a |
13 | | geographically confined and time-limited manner to |
14 | | document specific occurrences. The use of a drone under |
15 | | this paragraph (5) on private property requires either a |
16 | | search warrant based on probable cause under Section 108-3 |
17 | | of the Code of Criminal Procedure of 1963 or lawful consent |
18 | | to search. The use of a drone under this paragraph (5) on |
19 | | lands, highways, roadways, or areas belonging to this State |
20 | | or political subdivisions of this State does not require a |
21 | | search warrant or consent to search. Any law enforcement |
22 | | agency operating a drone under this paragraph (5) shall |
23 | | make every reasonable attempt to only photograph the crime |
24 | | scene or traffic crash scene and avoid other areas.
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25 | | (6) If a law enforcement agency is using a drone during |
26 | | a disaster or public health emergency, as defined by |
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1 | | Section 4 of the Illinois Emergency Management Agency Act. |
2 | | The use of a drone under this paragraph (6) does not |
3 | | require an official declaration of a disaster or public |
4 | | health emergency prior to use. A law enforcement agency may |
5 | | use a drone under this paragraph (6) to obtain information |
6 | | necessary for the determination of whether or not a |
7 | | disaster or public health emergency should be declared, to |
8 | | monitor weather or emergency conditions, to survey damage, |
9 | | or to otherwise coordinate response and recovery efforts. |
10 | | The use of a drone under this paragraph (6) is permissible |
11 | | during the disaster or public health emergency and during |
12 | | subsequent response and recovery efforts. |
13 | | (Source: P.A. 98-569, eff. 1-1-14.) |
14 | | (725 ILCS 167/40 new) |
15 | | Sec. 40. Law enforcement use of private drones. |
16 | | (a) Except as provided in Section 15, a law enforcement |
17 | | agency may not acquire information from or direct the |
18 | | acquisition of information through the use of a drone owned by |
19 | | a private third party. In the event that law enforcement |
20 | | acquires information from or directs the acquisition of |
21 | | information through the use of a privately owned drone under |
22 | | Section 15 of this Act, any information so acquired is subject |
23 | | to Sections 20 and 25 of this Act. |
24 | | (b) Nothing in this Act prohibits private third parties |
25 | | from voluntarily submitting information acquired by a |