Full Text of SB2588 99th General Assembly
SB2588 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2588 Introduced 2/16/2016, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
| 725 ILCS 167/15 | | 725 ILCS 167/20 | | 725 ILCS 167/25 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom from Drone Surveillance Act is | 5 | | amended by changing Sections 15, 20, and 25 as follows: | 6 | | (725 ILCS 167/15) | 7 | | Sec. 15. Exceptions. This Act does not prohibit the use of | 8 | | a 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 solely | 13 | | for a law enforcement training purposes. Training must be | 14 | | conducted in a geographically confined and time-limited | 15 | | manner to safeguard the privacy of individuals. The use of | 16 | | a drone on private property requires lawful consent. The | 17 | | use of a drone on land, highways, roadways, or areas | 18 | | belonging to the State or political subdivisions of the | 19 | | State does not require a search warrant or consent to | 20 | | search. Any law enforcement agency operating a drone under | 21 | | this paragraph shall make every reasonable attempt to only | 22 | | photograph the law enforcement training and avoid other | 23 | | areas or individuals. | 24 | | (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .) | 25 | | (725 ILCS 167/20)
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| 1 | | Sec. 20. Information retention. If a law enforcement | 2 | | agency uses a drone under Section 15 of this Act, the agency | 3 | | within 30 days shall destroy all information gathered by the | 4 | | drone, except that a supervisor at that agency may retain | 5 | | particular information if: | 6 | | (1) there is reasonable suspicion that the information | 7 | | contains evidence of criminal activity, or | 8 | | (2) the information is relevant to an ongoing | 9 | | investigation or pending criminal trial , or | 10 | | (3) the information is collected under paragraph (7) of | 11 | | Section 15 .
| 12 | | (Source: P.A. 98-569, eff. 1-1-14.) | 13 | | (725 ILCS 167/25)
| 14 | | Sec. 25. Information disclosure. If a law enforcement | 15 | | agency uses a drone under Section 15 of this Act, the agency | 16 | | shall not disclose any information gathered by the drone, | 17 | | except that a supervisor of that agency may disclose particular | 18 | | information to another government agency, if (1) there is | 19 | | reasonable suspicion that the information contains evidence of | 20 | | criminal activity, or (2) the information is relevant to an | 21 | | ongoing investigation or pending criminal trial , or (3) in the | 22 | | case of training under paragraph (7) of Section 15 .
| 23 | | (Source: P.A. 98-569, eff. 1-1-14.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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