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1 | | upon a showing of good cause for subsequent periods of 45 |
2 | | days. |
3 | | (3) If a law enforcement agency possesses reasonable |
4 | | suspicion that, under particular circumstances, swift |
5 | | action is needed to prevent imminent harm to life, or to |
6 | | forestall the imminent escape of a suspect or the |
7 | | destruction of evidence. The use of a drone under this |
8 | | paragraph (3) is limited to a period of 48 hours. Within 24 |
9 | | hours of the initiation of the use of a drone under this |
10 | | paragraph (3), the chief executive officer of the law |
11 | | enforcement agency must report in writing the use of a |
12 | | drone to the local State's Attorney. |
13 | | (4) If a law enforcement agency is attempting to locate |
14 | | a missing person, and is not also undertaking a criminal |
15 | | investigation. |
16 | | (5) If a law enforcement agency is using a drone solely |
17 | | for crime scene and traffic crash scene photography. Crime |
18 | | scene and traffic crash photography must be conducted in a |
19 | | geographically confined and time-limited manner to |
20 | | document specific occurrences. The use of a drone under |
21 | | this paragraph (5) on private property requires either a |
22 | | search warrant based on probable cause under Section 108-3 |
23 | | of the Code of Criminal Procedure of 1963 or lawful consent |
24 | | to search. The use of a drone under this paragraph (5) on |
25 | | lands, highways, roadways, or areas belonging to this State |
26 | | or political subdivisions of this State does not require a |
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1 | | search warrant or consent to search. Any law enforcement |
2 | | agency operating a drone under this paragraph (5) shall |
3 | | make every reasonable attempt to only photograph the crime |
4 | | scene or traffic crash scene and avoid other areas.
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5 | | (6) If a law enforcement agency is using a drone during |
6 | | a disaster or public health emergency, as defined by |
7 | | Section 4 of the Illinois Emergency Management Agency Act. |
8 | | The use of a drone under this paragraph (6) does not |
9 | | require an official declaration of a disaster or public |
10 | | health emergency prior to use. A law enforcement agency may |
11 | | use a drone under this paragraph (6) to obtain information |
12 | | necessary for the determination of whether or not a |
13 | | disaster or public health emergency should be declared, to |
14 | | monitor weather or emergency conditions, to survey damage, |
15 | | or to otherwise coordinate response and recovery efforts. |
16 | | The use of a drone under this paragraph (6) is permissible |
17 | | during the disaster or public health emergency and during |
18 | | subsequent response and recovery efforts. |
19 | | (7) If a law enforcement agency is using a drone to |
20 | | prepare for or monitor safety and security at a large-scale |
21 | | event, if drone usage is limited to legitimate public |
22 | | safety purposes, including, but not limited to, evaluating |
23 | | crowd size, density, or movement; assessing public safety |
24 | | vulnerabilities or weaknesses; determining appropriate |
25 | | staffing levels for law enforcement or other public safety |
26 | | personnel; or identifying possible criminal activity. In |
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1 | | this paragraph (7), "large-scale event" means a publicly or |
2 | | privately held event reasonably estimated, at the |
3 | | inception of the event, to be attended by more than 100 |
4 | | persons at a sports or entertainment arena, stadium, |
5 | | convention hall, special event center, amusement facility, |
6 | | a special event area licensed or permitted for use under |
7 | | the authority of a unit of local government, or an event |
8 | | open to the public that takes place on a public way or |
9 | | government-owned property. A law enforcement agency that |
10 | | uses a drone under this paragraph (7) shall not equip the |
11 | | drone with tear gas canisters, stun gun technology, or any |
12 | | other dangerous or deadly weapon or fire a projectile from |
13 | | a drone. In this paragraph (7), "dangerous or deadly |
14 | | weapon" means any firearm, or other weapon, device, |
15 | | instrument, material, or substance, whether animate or |
16 | | inanimate, which in the manner it is used or is intended to |
17 | | be used is known to be capable of producing death or |
18 | | serious bodily injury. |
19 | | (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .) |
20 | | (725 ILCS 167/35)
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21 | | Sec. 35. Reporting.
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22 | | (a) If a law enforcement agency owns one or more drones, |
23 | | then subsequent to the effective date of this Act, it shall |
24 | | report in writing annually by April 1 to the Authority the |
25 | | following: |
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1 | | (1) the number of drones that the law enforcement |
2 | | agency it owns ; and |
3 | | (2) the number of times in the previous year that the |
4 | | law enforcement agency has deployed a drone under each of |
5 | | the exceptions under Section 15 of this Act, including the |
6 | | exception used, the date of the deployment, and location of |
7 | | the deployment . |
8 | | (b) On July 1 of each year, the Authority shall publish on |
9 | | its publicly available website a concise report that lists |
10 | | every law enforcement agency that owns a drone, and for each of |
11 | | those agencies, the number of drones that it owns.
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12 | | (Source: P.A. 98-569, eff. 1-1-14.)
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13 | | Section 99. Effective date. This Act takes effect upon |
14 | | becoming law.".
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