HB4405ham001 100TH GENERAL ASSEMBLY

Rep. John C. D'Amico

Filed: 4/20/2018

10000HB4405ham001 LRB100 17763 SLF 39000 a

AMENDMENT TO HOUSE BILL 4405

AMENDMENT NO. ______. Amend House Bill 4405 by replacing everything after the enacting clause with the following:

"Section 5. The Freedom from Drone Surveillance Act is amended by changing Section 15 and 35 as follows:

(725 ILCS 167/15)

Sec. 15. Exceptions. This Act does not prohibit the use of a drone by a law enforcement agency:

(1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is that risk.

(2) If a law enforcement agency first obtains a search warrant based on probable cause issued under Section 108-3 of the Code of Criminal Procedure of 1963. The warrant must be limited to a period of 45 days, renewable by the judge upon a showing of good cause for subsequent periods of 45 days.

(3) If a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life, or to forestall the imminent escape of a suspect or the destruction of evidence. The use of a drone under this paragraph (3) is limited to a period of 48 hours. Within 24 hours of the initiation of the use of a drone under this paragraph (3), the chief executive officer of the law enforcement agency must report in writing the use of a drone to the local State's Attorney.

(4) If a law enforcement agency is attempting to locate a missing person, and is not also undertaking a criminal investigation.

(5) If a law enforcement agency is using a drone solely for crime scene and traffic crash scene photography. Crime scene and traffic crash photography must be conducted in a geographically confined and time-limited manner to document specific occurrences. The use of a drone under this paragraph (5) on private property requires either a search warrant based on probable cause under Section 108-3 of the Code of Criminal Procedure of 1963 or lawful consent to search. The use of a drone under this paragraph (5) on lands, highways, roadways, or areas belonging to this State or political subdivisions of this State does not require a search warrant or consent to search. Any law enforcement agency operating a drone under this paragraph (5) shall make every reasonable attempt to only photograph the crime scene or traffic crash scene and avoid other areas.

(6) If a law enforcement agency is using a drone during a disaster or public health emergency, as defined by Section 4 of the Illinois Emergency Management Agency Act. The use of a drone under this paragraph (6) does not require an official declaration of a disaster or public health emergency prior to use. A law enforcement agency may use a drone under this paragraph (6) to obtain information necessary for the determination of whether or not a disaster or public health emergency should be declared, to monitor weather or emergency conditions, to survey damage, or to otherwise coordinate response and recovery efforts. The use of a drone under this paragraph (6) is permissible during the disaster or public health emergency and during subsequent response and recovery efforts.

(7) If a law enforcement agency 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. In this paragraph (7), "large-scale event" means a publicly or privately held event reasonably estimated, at the inception of the event, to be attended by more than 100 persons at a sports or entertainment arena, stadium, convention hall, special event center, amusement facility, a special event area licensed or permitted for use under the authority of a unit of local government, or an event open to the public that takes place on a public way or government-owned property. A law enforcement agency that uses a drone under this paragraph (7) shall not equip the drone with tear gas canisters, stun gun technology, or any other dangerous or deadly weapon or fire a projectile from a drone. In this paragraph (7), "dangerous or deadly weapon" means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)

(725 ILCS 167/35)

Sec. 35. Reporting.

(a) If a law enforcement agency owns one or more drones, then subsequent to the effective date of this Act, it shall report in writing annually by April 1 to the Authority the following:

(1) the number of drones that the law enforcement agency it owns; and

(2) the number of times in the previous year that the law enforcement agency has deployed a drone under each of the exceptions under Section 15 of this Act, including the exception used, the date of the deployment, and location of the deployment.

(b) On July 1 of each year, the Authority shall publish on its publicly available website a concise report that lists every law enforcement agency that owns a drone, and for each of those agencies, the number of drones that it owns.

(Source: P.A. 98-569, eff. 1-1-14.)

Section 99. Effective date. This Act takes effect upon becoming law.".