Full Text of SB2808 98th General Assembly
SB2808enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning location surveillance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Freedom From Location Surveillance Act. | 6 | | Section 5. Definitions. For the purpose of this Act: | 7 | | "Basic subscriber information" means name, address, local | 8 | | and long distance telephone connection records or records of | 9 | | session time and durations; length of services, including start | 10 | | dates, and types of services utilized; telephone or instrument | 11 | | number or other subscriber number or identity, including any | 12 | | temporarily assigned network address; and the means and source | 13 | | of payment for the service, including the credit card or bank | 14 | | account number. | 15 | | "Electronic device" means any device that enables access | 16 | | to, or use of: | 17 | | (1) an electronic communication service that provides | 18 | | the ability to send or receive wire or electronic | 19 | | communications; | 20 | | (2) a remote computing service that provides computer | 21 | | storage or processing services by means of an electronic | 22 | | communications system; or | 23 | | (3) a location information service such as a global |
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| 1 | | positioning service or other mapping, locational, or | 2 | | directional information service. | 3 | | "Electronic device" does not mean devices used by a | 4 | | governmental agency or by a company operating under a contract | 5 | | with a governmental agency for toll collection, traffic | 6 | | enforcement, or license plate reading.
| 7 | | "Law enforcement agency" means any agency of this State or | 8 | | a political subdivision of this State which is vested by law | 9 | | with the duty to maintain public order or enforce criminal | 10 | | laws.
| 11 | | "Location information" means any information concerning | 12 | | the location of an electronic device that, in whole or in part, | 13 | | is generated by or derived from the operation of that device.
| 14 | | "Social networking website" has the same meaning ascribed | 15 | | to the term in paragraph (4) of subsection (b) of Section 10 of | 16 | | the Right to Privacy in the Workplace Act.
| 17 | | Section 10. Court authorization. Except as provided in | 18 | | Section 15, a law enforcement agency shall not obtain current | 19 | | or future location information pertaining to a person or his or | 20 | | her effects without first obtaining a court order based on | 21 | | probable cause to believe that the person whose location | 22 | | information is sought has committed, is committing, or is about | 23 | | to commit a crime or the effect is evidence of a crime, or if | 24 | | the location information is authorized under an arrest warrant | 25 | | issued under Section 107-9 of the Code of Criminal Procedure of |
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| 1 | | 1963 to aid in the apprehension or the arrest of the person | 2 | | named in the arrest warrant. An order issued under a finding of | 3 | | probable cause under this Section must be limited to a period | 4 | | of 60 days, renewable by the judge upon a showing of good cause | 5 | | for subsequent periods of 60 days. | 6 | | Section 15. Exceptions. This Act does not prohibit a law | 7 | | enforcement agency from seeking to obtain current or future | 8 | | location information: | 9 | | (1) to respond to a call for emergency services concerning | 10 | | the user or possessor of an electronic device; | 11 | | (2) with the lawful consent of the owner of the electronic | 12 | | device or person in actual or constructive possession of the | 13 | | item being tracked by the electronic device; | 14 | | (3) to lawfully obtain location information broadly | 15 | | available to the general public without a court order when the | 16 | | location information is posted on a social networking website, | 17 | | or is metadata attached to images and video, or to determine | 18 | | the location of an Internet Protocol (IP) address through a | 19 | | publicly available service; | 20 | | (4) to obtain location information generated by an | 21 | | electronic device used as a condition of release from a penal | 22 | | institution, as a condition of pre-trial release, probation, | 23 | | conditional discharge, parole, mandatory supervised release, | 24 | | or other sentencing order, or to monitor an individual released | 25 | | under the Sexually Violent Persons Commitment Act or the |
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| 1 | | Sexually Dangerous Persons Act; | 2 | | (5) to aid in the location of a missing person;
| 3 | | (6) in emergencies as follows: | 4 | | (A) Notwithstanding any other provisions of this Act, | 5 | | any investigative or law enforcement officer may seek to | 6 | | obtain location information in an emergency situation as | 7 | | defined in this paragraph (6). This paragraph (6) applies | 8 | | only when there was no previous notice of the emergency to | 9 | | the investigative or law enforcement officer sufficient to | 10 | | obtain prior judicial approval, and the officer reasonably | 11 | | believes that an order permitting the obtaining of location | 12 | | information would issue were there prior judicial review. | 13 | | An emergency situation exists when: | 14 | | (i) the use of the electronic device is necessary | 15 | | for the protection of the investigative or law | 16 | | enforcement officer or a person acting at the direction | 17 | | of law enforcement; or | 18 | | (ii) the situation involves: | 19 | | (I) a clear and present danger of imminent | 20 | | death or great bodily harm to persons resulting | 21 | | from a kidnapping or the holding of a hostage by | 22 | | force or the threat of the imminent use of force, | 23 | | or the occupation by force or the threat of the | 24 | | imminent use of force of any premises, place, | 25 | | vehicle, vessel, or aircraft; | 26 | | (II) an abduction investigation; |
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| 1 | | (III) conspiratorial activities characteristic | 2 | | of organized crime; | 3 | | (IV) an immediate threat to national security | 4 | | interest; or | 5 | | (V) an ongoing attack on a computer comprising | 6 | | a felony.
| 7 | | (B) In all emergency cases, an application for an order | 8 | | approving the previous or continuing obtaining of location | 9 | | information must be made within 72 hours of its | 10 | | commencement. In the absence of the order, or upon its | 11 | | denial, any continuing obtaining of location information | 12 | | gathering shall immediately terminate. In order to approve | 13 | | obtaining location information, the judge must make a | 14 | | determination (i) that he or she would have granted an | 15 | | order had the information been before the court prior to | 16 | | the obtaining of the location information and (ii) there | 17 | | was an emergency situation as defined in this paragraph | 18 | | (6). | 19 | | (C) In the event that an application for approval under | 20 | | this paragraph (6) is denied, the location information | 21 | | obtained under this exception shall be inadmissible in | 22 | | accordance with Section 20 of this Act; or
| 23 | | (7) to obtain location information relating to an | 24 | | electronic device used to track a vehicle or an effect which is | 25 | | owned or leased by that law enforcement agency. |
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| 1 | | Section 20. Admissibility. If the court finds by a | 2 | | preponderance of the evidence that a law enforcement agency | 3 | | obtained current or future location information pertaining to a | 4 | | person or his or her effects in violation of Section 10 or 15 | 5 | | of this Act, then the information shall be presumed to be | 6 | | inadmissible in any judicial or administrative proceeding. The | 7 | | State may overcome this presumption by proving the | 8 | | applicability of a judicially recognized exception to the | 9 | | exclusionary rule of the Fourth Amendment to the United States | 10 | | Constitution or Article I, Section 6 of the Illinois | 11 | | Constitution, or by a preponderance of the evidence that the | 12 | | law enforcement officer was acting in good faith and reasonably | 13 | | believed that one or more of the exceptions identified in | 14 | | Section 15 existed at the time the location information was | 15 | | obtained.
| 16 | | Section 25. Providing location information to a law | 17 | | enforcement agency not required. Nothing in this Act shall be | 18 | | construed to require a person to provide current or future | 19 | | location information to a law enforcement agency under Section | 20 | | 15.
| 21 | | Section 30. Inapplicability. This Act does not apply to a | 22 | | law enforcement agency obtaining basic subscriber information | 23 | | from a service provider under a valid subpoena, court order, or | 24 | | search warrant.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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