99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4470

 

Introduced , by Rep. Ann Williams

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Citizen Privacy Protection Act. Provides that a law enforcement agency may not use a cell site simulator device, except to locate or track the location of a communications device or to identify a communications device. Except as provided in the Freedom From Location Surveillance Act, a court order based on probable cause that a person whose location information is sought has committed, is committing, or is about to commit a crime, is required for any permitted use of a cell site simulator device. Provides that an application for a court order to use a cell site simulator device, including an emergency application under the Freedom From Location Surveillance Act, must include a description of the nature and capabilities of the cell site simulator device to be used and the manner and method of its deployment, including whether the cell site simulator device will obtain data from non-target communications devices. Provides that an application for a court order to use a cell site simulator device, including an emergency application under the Freedom From Location Surveillance Act, must also include a description of the procedures that will be followed to protect the privacy of non-targets of the investigation, including the immediate deletion of data obtained from non-target communications devices. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency used a cell site simulator to gather information in violation of the limits in the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Defines "cell site simulator device", "communications device", and "law enforcement agency".


LRB099 15835 RLC 41027 b

 

 

A BILL FOR

 

HB4470LRB099 15835 RLC 41027 b

1    AN ACT concerning the use of cell site simulator devices.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Citizen Privacy Protection Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Cell site simulator device" means a device that transmits
8or receives radio waves to or from a communications device that
9can be used to intercept, collect, access, transfer, or forward
10the data transmitted or received by the communications device,
11or stored on the communications device, including an
12international mobile subscriber identity (IMSI) catcher or
13other cell phone or telephone surveillance or eavesdropping
14device that mimics a cellular base station and transmits radio
15waves that cause cell phones or other communications devices in
16the area to transmit or receive radio waves, electronic data,
17location data, information used to calculate location,
18identifying information, communications content, or metadata,
19or otherwise obtains this information through passive means,
20such as through the use of a digital analyzer or other passive
21interception device. "Cell site simulator device" does not
22include any device used or installed by an electric utility
23solely to the extent the device is used by that utility to

 

 

HB4470- 2 -LRB099 15835 RLC 41027 b

1measure electrical usage, to provide services to customers, or
2to operate the electric grid.
3    "Communications device" means any electronic device that
4transmits signs, signals, writings, images, sounds, or data in
5whole or in part by a wire, radio, electromagnetic,
6photoelectric, or photo-optical system.
7    "Law enforcement agency" means any agency of this State or
8a political subdivision of this State which is vested by law
9with the duty to maintain public order and to enforce criminal
10laws.
 
11    Section 10. Prohibited use of cell site simulator devices.
12A law enforcement agency may not use a cell site simulator
13device, except to locate or track the location of a
14communications device or to identify a communications device.
15Except as provided in Section 15 of the Freedom From Location
16Surveillance Act, a court order based on probable cause that a
17person whose location information is sought has committed, is
18committing, or is about to commit a crime, is required for any
19permitted use of a cell site simulator device.
 
20    Section 15. Applications for court orders. An application
21for a court order to use a cell site simulator device,
22including an emergency application under subparagraph (B) of
23paragraph (6) of Section 15 of the Freedom From Location
24Surveillance Act, must include a description of the nature and

 

 

HB4470- 3 -LRB099 15835 RLC 41027 b

1capabilities of the cell site simulator device to be used and
2the manner and method of its deployment, including whether the
3cell site simulator device will obtain data from non-target
4communications devices. An application for a court order to use
5a cell site simulator device, including an emergency
6application under subparagraph (B) of paragraph (6) of Section
715 of the Freedom From Location Surveillance Act, must also
8include a description of the procedures that will be followed
9to protect the privacy of non-targets of the investigation,
10including the immediate deletion of data obtained from
11non-target communications devices.
 
12    Section 20. Admissibility. If the court finds by a
13preponderance of the evidence that a law enforcement agency
14used a cell site simulator to gather information in violation
15of the limits in Sections 10 and 15 of this Act, then the
16information shall be presumed to be inadmissible in any
17judicial or administrative proceeding. The State may overcome
18this presumption by proving the applicability of a judicially
19recognized exception to the exclusionary rule of the Fourth
20Amendment to the U.S. Constitution or Article I, Section 6 of
21the Illinois Constitution to the information. Nothing in this
22Act shall be deemed to prevent a court from independently
23reviewing the admissibility of the information for compliance
24with the aforementioned provisions of the U.S. and Illinois
25Constitutions.